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

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  • Oral argument — 26 Beverly Glen, LLC v. Wykoff Newberg Corp.

    Oral argument · Oral argument · May 8, 2009

    And that aspect, that act of crossing it out, is at the very least ambiguous. It could mean what I think you're getting at. … And it was accepted when airing for initial Nelson's changes. And it was accepted also orally when- So we now have an oral agreement, do we not? We have both in this case, Your Honor. Pardon?

    32 min of audio
  • Oral argument — Frederick Price v. John Stossel

    Oral argument · Oral argument · Feb 2, 2010

    We know that the Supreme Court in Mason found that falsely attributed self-condemnatory comments are absolutely per se actionable. Was the anti-SLAPP motion solely on the issue of falsity? … And we sought it because we thought if we can have a look at the tape that Ole Anthony sent to ABC, we would know precisely whether ABC was truthful when John Stossel went on the air and said, at the time

    37 min of audio
  • Oral argument — Columbus Regional Hospital v. United States

    Oral argument · Oral argument · Jan 7, 2021

    Because here what they're seeking is irrespective of how they characterize their claim, what they're seeking is a declaratory judgment that FEMA aired in interpreting the act under 705. … They want $5 million, period. End of discussion. No more strings attached. That's correct. No more interaction. That's correct.

    50 min of audio
  • Oral argument — United States v. Oscar Marquez

    Oral argument · Oral argument · Oct 19, 2022

    On the Speedy Trial Act, I think what I'd like to do in the remaining time is just to point out that the simplest path here to a finding of a violation is that last period of time that is disputed between … and the excludable time ruling when a period of time is indirectly attributed to the Court's calendar, that itself is not a problem under the Speedy Trial Act.

    32 min of audio
  • Oral argument — Greenbrier Hospital, L.L.C. v. HHS

    Oral argument · Oral argument · Feb 5, 2020

    And under review under the Administrative Procedure Act, that's not an arbitrary and capricious decision. That's not contrary to law. … Is CMS said we want to have this three year transition period. When we see comments on that. And they got a lot of comments.

    26 min of audio
  • Oral argument — Katie Van v. LLR, Inc.

    Oral argument · Oral argument · Jun 3, 2020

    In addition to that, we also brought a claim under the Alaska Unfair Trade Practices Act. … Counsel, I couldn't hear your last comment. Forgive me.

    22 min of audio
  • Oral argument — Uncommon, LLC v. Spigen, Inc.

    Oral argument · Oral argument · Apr 11, 2019

    That seems like a very intentional act to not satisfy the Rule 26 requirements. … Just a few quick moments or comments here in my final seconds.

    40 min of audio
  • Oral argument — Alex Berezovsky v. Bank of America

    Oral argument · Oral argument · Feb 17, 2017

    And comment B is not talking about the situation presented here. … the deed of trust is acting on Wells Fargo behalf, then it's at risk.

    30 min of audio
  • Oral argument — Trujillo v. Sheriff Washoe Cnty

    Oral argument · Oral argument · Jun 9, 2009

    I want to call them whatever he wants the conclusion to be to be drawn from a specific act. … Speaking to the after the fact comments, mind you, these weren't just comments. Mr. Trujillo says they were giggling about it. So, I mean. Let me ask you a question about that.

    22 min of audio
  • Oral argument — Jimmy Powell v. Troy Hermans

    Oral argument · Oral argument · Dec 9, 2020

    You also have to think about here, over the four-day period of the trial, he began by saying, I want you to remember that Mr. Powell was assaulted. He did not act with utter disregard. … And also, just I really want to just last comment will be his actions after the fact also didn't tend to negate, negate the utter disregard element. Mr.

    18 min of audio
  • Oral argument — People v. Schag

    Oral argument · Oral argument · Jul 1, 2010

    I never thought about anything like that because the jury told them we're deadlocked, period. That's what he knew. That's what the judge knew. They were deadlocked, period, to infinity. … They were egregious, colorful comments.

    43 min of audio
  • Oral argument — New York Stock Exchange LLC v. SEC

    Oral argument · Oral argument · Oct 11, 2019

    And if there is substantial research, even if the Commission questions it, it seems like it is in the interests of all the different stakeholders here to clear the air. … That's one that is a very specific direction that you will issue a rulemaking within X period. That may mean in a minute, but you will issue a rulemaking. I noticed a proposed rulemaking.

    42 min of audio
  • Oral argument — McGuire-Welch v. The House of

    Oral argument · Oral argument · Jan 4, 2018

    And there are other indicia of reliability- For example, the retire comment, I think, is made by people who are relaying that they heard Ms. Perry say that. Is that correct? No. Ms. … Just one last comment. If an affidavit, like the one submitted by plaintiff in this case, is all it takes to for employers to be able to succeed on a motion in it.

    26 min of audio
  • Oral argument — United States v. Keith

    Oral argument · Oral argument · Jan 18, 2023

    So when are we talking about the period of time that you're questioning the speedy trial act? Well, we're questioning... I see on July 9th, he was offered a trial, wasn't he, and turned it down. … Again, my comments before apply. There's no indication why the court couldn't have decided on November 23rd when it's issued its order.

    30 min of audio
  • Oral argument — Oracle USA, Inc. v. Rimini Street, Inc.

    Oral argument · Oral argument · Jul 12, 2019

    But the judge's comment, and it was not a passing comment, it is the preface to the entire paragraph, the only paragraph on which Oracle relies for irreparable harm findings, is the conscious disregard … Oracle cannot possibly suffer future harm from those acts. There is no causal nexus to support this injunction. Period, end of story. I mean, again, we can set aside conscious disregard.

    30 min of audio
  • Oral argument — United States v. Matthew Munksgard

    Oral argument · Oral argument · Sep 25, 2018

    We know, one, he was there for an extended period of time. Two, we know he was a senior officer in the bank for an extended period of time. … If he wasn't there for the period of the crime, I understand your argument.

    32 min of audio
  • Oral argument — HALL v. United States

    Oral argument · Oral argument · Mar 5, 2012

    And it's very clear in the Remand Act portion of the Tucker Act that that's authorized. … Specifically, a witness is unlikely to be summoned for more than a few hours or even more than a few days, whereas this jury service was for an extended period of time.

    29 min of audio
  • Oral argument — Joseph Dacar v. Saybolt L.P.

    Oral argument · Oral argument · Mar 6, 2018

    The Department of Labor's 2008 proffer to amend it was going through notice and comment during this time period and would have been a notice and comment regulation had that process been followed, but instead … No, that's the definition of regular rate in all contexts under the Fair Labor Standards Act.

    43 min of audio
  • Oral argument — United States v. Gall

    Oral argument · Oral argument · May 3, 2016

    So I can't comment on if one were to actually view these photographs, whether it would be self-evident from these actual photographs. That it was a five-year-old. Okay. That I'm not sure of. … And significantly, we cite a case law in our brief showing that on plain air review, other circuit courts have affirmed conditions with similar language. Thank you. Thank you, Your Honors.

    39 min of audio
  • Oral argument — Olagues v. Icahn Associates Ho

    Oral argument · Oral argument · Dec 14, 2016

    This case arises out of Section 16b of the Securities Exchange Act of 1934, the short-swing insider trading profits rule, and specifically Rule 16b6d. … And if that's the way we're going to now avoid Section 16B, by just making up numbers out of air, well, then it's just useless. This statute was adopted in 1934, right? Indeed.

    38 min of audio

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