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Briefs, oral arguments, agency decisions and the Federal Register.

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  • Oral argument — SFPP, L.P. v. Federal Energy Regulatory Commission and United States of America

    Oral argument · Oral argument · Apr 3, 2020

    s rates over the period that is subject to the rate case to no more than the level of inflation, even when S.F.P.P.'s costs may in any given time period support higher rate levels. … In addition, SFPP was able to file comments and supplemental comments following this court's remand. SFPP filed a rehearing request.

    74 min of audio
  • Oral argument — OFI Asset Management v. Cooper Tireand Rubber

    Oral argument · Oral argument · Mar 1, 2016

    You know, the plaintiffs act like it doesn't matter whether the thing that they should, that they say should have been said even was true or not. … That's something that was, uh, uh, up in the air. You had, you had problems and they were ongoing problems, but, uh, they thought we can get it done. We can get it done.

    49 min of audio
  • Oral argument — Jose Obando-Segura v. William Barr

    Oral argument · Oral argument · Dec 9, 2020

    And so, I mean, the problem I'm getting with is, you know, if we're on a clean slate, you have an argument. … And certainly there's some commentators that have said that, but do you agree with that?

    45 min of audio
  • Oral argument — Applications in Internet Time v. RPX Corporation

    Oral argument · Oral argument · Feb 7, 2018

    And that if you just look at those facts alone, along with the public statements made by RPX about, you know, acting on behalf of its members and acting as an extension of the in-house legal department … There were comments asking the PTO to establish a regulation or a rule defining what those terms mean, and the PTO did not do so. Instead, it just created a guide, right?

    37 min of audio
  • Oral argument — Developmental Disability Services of Metro East v. Illinois Dept. of Human Services

    Oral argument · Oral argument · Oct 29, 2019

    and publication and approval by the federal government And so forth, and rather than duplicate that whole process in a notice and comment period In Illinois, they just said, you don't have to do it, it's … comment procedure Of the IAPA Refer it to JCAR Have another notice and comment period And finally promulgate a rule Which they didn't do The state says they were following different regulations I don't

    50 min of audio
  • Oral argument — Firefighters' Retirement Sys v. Citco Group

    Oral argument · Oral argument · Apr 27, 2015

    It's just the kind of legal error that ThermTron makes clear this court has the legal authority to review when the court acts beyond its statute. … And so, assuming that you don't get, you know, box number one, that A, we have jurisdiction, and B, here's a nice, clean ruling, you can go back to New York.

    48 min of audio
  • Oral argument — Clatskanie Peoples Utility Dis v. BPA

    Oral argument · Oral argument · May 5, 2009

    , by failing to apply the rate ceiling test of 7B, and by failing to conduct a 7I rate proceeding with full-blown opportunity to comment and participate, the BPA violated the Northwest Power Act, and that … And I'd like to cite to the record actually where we discussed this very issue in response to comments.

    43 min of audio
  • Oral argument — Rosie Phillips v. Stephen Prator

    Oral argument · Oral argument · Oct 6, 2020

    Phillips' claim for damages under Title II of the Americans with Disabilities Act and the Rehabilitation Act was dismissed at the pleading stage when the district court determined that Ms. … It was essentially, like I said, a passing comment.

    35 min of audio
  • Oral argument — United States v. Mario Baker

    Oral argument · Oral argument · May 14, 2013

    And, Your Honor, we would point to two cases from this court that were both decided during the same time period, U.S. v. Megenson and U.S. v. Majette. … I think that Your Honors aired the issues fairly well in the opening argument. Are you sure? How did you know? I'm not sure. I can't read your minds, Your Honors.

    32 min of audio
  • Oral argument — Gold Glove Productions, LLC v. Don Handfield

    Oral argument · Oral argument · Apr 7, 2016

    Into his life comes a female protagonist who is engaged to another man who wants to act on the stage, but in those days women were not permitted to act on the stage. … All we have is a judge pulling it out of the air and saying, trust us, you know, I'm a certain age, I've seen movies in my life, and I consider this commonplace.

    31 min of audio
  • Oral argument — Ingram Barge Company LLC v. Louis Dreyfus Company LLC

    Oral argument · Oral argument · Jan 26, 2021

    That's set out in 49 USC 80102, the application provision of that particular act. … You must have been doing this kind of thing for a long period of time. What suddenly changed to trigger all these cases? Sure. That's a great question, Judge.

    36 min of audio
  • Oral argument — Greater Yellowstone Coalition v. State of Wyoming

    Oral argument · Oral argument · Mar 7, 2011

    And all you have to do there is publish notice in the Federal Register, and the species will be placed back on the list for a period of 240 days, while the service then follows the notice and comment rulemaking … That was the comment? The response to comments? It was in response to comments. Yeah. Well, that's not Chevron deference. We don't afford Chevron deference to comments.

    64 min of audio
  • Oral argument — United States v. Brian Johnson

    Oral argument · Oral argument · May 14, 2026

    We've been focused on commercial sex act, which is defined as any sex act on account of which anything of value is given to or received by any person. So what's the limiting principle of that? … The district court did air when it overturned the jury's finding as to the child pornography counts.

    39 min of audio
  • Oral argument — Falls v. Silver Cross Hospital & Medical Centers

    Oral argument · Oral argument · Apr 13, 2016

    They were trying to clean up their act. Okay, let's assume there's not a tort action out there with the fund of money. Okay, there's no third-party tort user out there. … The proper avenue to then take care of that is to adjudicate the lien claim under Section 30 of the Health Care Services Lien Act.

    53 min of audio
  • Oral argument — United States v. Tikotin

    Oral argument · Oral argument · Apr 7, 2008

    One last comment. I know Mr. … But we're saying they're constrained by a Federal act. Federal Code of Civil Procedure 69 says that if there is no statute, no Federal statute, State court procedure must be followed.

    13 min of audio
  • Oral argument — Hernandez v. The Office of the Commissioner

    Oral argument · Oral argument · Jun 8, 2023

    It was that it was never hired, period. … But since you called that comment out for Mr. Marsh, I wanted to alert you to similar type of comments in other umpires' evaluations. That's interesting. Thank you. Thank you very much, Mr. Gregg.

    42 min of audio
  • Oral argument — Soul'd Out Productions, LLC v. Anschutz Entertainment Group

    Oral argument · Oral argument · May 4, 2020

    First, artists who perform at Coachella may not perform at any other festival in all of North America for a period of about six months. … That becomes a wrongful act.

    36 min of audio
  • Oral argument — People v. Hill

    Oral argument · Oral argument · Nov 13, 2018

    Well, I think you have to look at an ineffective assistance claim not just on a particular act. … And that if you look at it in hindsight, then some act or omission by defense counsel can seem to be error.

    44 min of audio
  • Oral argument — United States v. Terry Smith

    Oral argument · Oral argument · Jan 6, 2016

    I'm sorry, the prosecutor made that comment with respect to counts one and four as well, right? Sure. … Land do anything at all, and suddenly he's up in the air, and then he's on the ground, and then, you know, other things happen. Anyway.

    40 min of audio
  • Oral argument — Peter Littlefair v. Arne Gonser

    Oral argument · Oral argument · Aug 30, 2010

    He was acting based upon the observations he made at the time. The Franks decision has been recognized and affirmed by the Supreme Court subsequently and also by this Court. … Had he done any overflight surveillance since that 1995 period? Not of the Little Fair property. Not of the Little Fair, okay.

    32 min of audio

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