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

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  • Oral argument — Mayo Collaborative Services v. Prometheus Laboratories, Inc.

    Oral argument · Oral argument · Dec 7, 2011

    But that is an issue under Sections 102 and 103 of the Patent Act. Mr. … So we just know off the bat you're not literally claiming just a principle in the air.

    61 min of audio
  • Oral argument — United States v. Perkins

    Oral argument · Oral argument · Feb 7, 2024

    He, you know, if this court reverses the district court's comment. … Then lawyer says within the time period for rule 35, you can correct this.

    42 min of audio
  • Oral argument — United States v. Alarcon Wiggins

    Oral argument · Oral argument · Dec 5, 2016

    We're on plain air here, and there's an unpublished opinion. It's Larrier. And for plain air, there can't be any dispute among jurists of reason. And Larrier says this. … He says the court's comments, when read in context, do not reflect obvious improper participation. So you're on the plain air idea that you really need to show obvious improper participation.

    34 min of audio
  • Oral argument — City of Burien v. FAA

    Oral argument · Oral argument · Oct 23, 2019

    And the response to that comment says nothing about future projects at the airport. So I guess that is the cumulative impacts question sort of in a nutshell. … understand it, is that based on the timing of the second document, which does identify specific projects, the FAA must have been aware that those projects were pretty close to being proposed during the period

    30 min of audio
  • Oral argument — Nippon Shinyaku Co., Ltd. v. Iancu

    Oral argument · Oral argument · Mar 5, 2020

    They just didn't pick these numbers out of thin air. Now, maybe they didn't fully appreciate the consequences, but that doesn't necessarily mean that what they did was arbitrary or capricious. … The second thing, Judge Lynn, is that the unintended consequence, perhaps, is precisely why there should have been a notice and comment procedure.

    19 min of audio
  • Oral argument — Local 702, International Brot v. NLRB

    Oral argument · Oral argument · May 16, 2019

    Or is it just reasonably it would tend to intimidate or coerce non-strikers, period? In other words, does it have to be linked to the non-striking activity? … Hudson's conduct was sufficiently serious to cost her the protection of the act. Should Ms. Hudson's 39-year tenure with the company, with a very clean record, have any impact on the analysis?

    31 min of audio
  • Oral argument — United States v. Sean Clemon

    Oral argument · Oral argument · Dec 11, 2025

    So what he was testifying to, again, he should not have been allowed to testify, period. … Should we count the death of Leroy Allen and the injury to Deshaun Wharton as one predicate act or more than one predicate act? In other words, as two predicate acts.

    68 min of audio
  • Oral argument — Westfield Natl Insurance Co v. Quest Pharmaceuticals Inc

    Oral argument · Oral argument · Oct 20, 2022

    So the accident is over a long period of time? Well, potentially, it could be a single ingestion or it could be over a long period of time. What is Quest claiming the occurrence is here? … The bodily injury occurs during the policy period. 3. The bodily injury wasn't known to have begun or to have already happened prior to the beginning of the policy period.

    56 min of audio
  • Oral argument — United States v. Rafael Mercado Berrios

    Oral argument · Oral argument · May 24, 2022

    Mercado may have believed, I'll refer to him as Alexis in shorthand, Alexis was 18 for a brief period of time. … Mercado keeps the conversation pretty clean. I mean, he eventually doesn't, but he, for quite some time, the agent's just pushing.

    20 min of audio
  • Oral argument — National Treasurey Empl. Union v. FLR

    Oral argument · Oral argument · Apr 4, 2005

    And those employees are then allowed to negotiate whether or not their meal periods are hours of work. The authority didn't examine this regulation. … And that's what the Department of Air Force court said, the D.C. Circuit in the 1991 Department of Air Force decision.

    46 min of audio
  • Oral argument — Gallo v. United States

    Oral argument · Oral argument · Mar 7, 2008

    It favored air traffic controllers. They received a number of pay increases while she took another job outside air traffic control because she was medically disqualified for it. … I think it's very possible to read Fausto as saying there's a single forum being created here called the Merit System Protection Board to deal with all personnel matters, period.

    27 min of audio
  • Oral argument — United States v. Sok

    Oral argument · Oral argument · Jun 4, 2024

    But they certainly underline that there's been no showing of plain air, putting aside, call it waiver, calling not raising the defense, call it whatever you want under Rule 12, putting aside the fact that … I'm just skittish about your suggestion that it raises the same thing with different language because for a long time now this Court has been trying to clean up, I would argue, clean up the use of waiver

    41 min of audio
  • Oral argument — Rose Robertson v. Riverstone Communities, LLC

    Oral argument · Oral argument · Dec 18, 2020

    American Cast Iron Pipe Company, the comments were approximately a year and a half before the plaintiff was denied a promotion. We have longer time periods in Buckley v. … There is no evidence that she cleaned the lens for this particular circumstance. Now, the Wright v.

    34 min of audio
  • Oral argument — United States v. Colum Moran, Jr.

    Oral argument · Oral argument · Sep 30, 2022

    Moran intended consequences of his actions that were neither natural nor probable, no reasonable juror could find that his objective acts, that is his comments, unequivocally marked his conduct as criminal … And the court said a person who acts intends the result of his act under two quite different circumstances.

    35 min of audio
  • Oral argument — In re: Cigar Association

    Oral argument · Oral argument · Mar 18, 2020

    The 2020 guidance was issued with notice and comment. The FDA engaged in a 60-day notice and comment period that it began before the district court's order. … Counsel for the plaintiffs also suggested that the compliance period would be indefinite because FDA might never act on the applications. That's contrary to statute. 21 U.S.C.

    66 min of audio
  • Oral argument — United States v. Fredrick McCray

    Oral argument · Oral argument · Jan 29, 2025

    McCray should have been sentenced as an armed career under the Armed Career Criminal Act. I think that's solidly resolved. If you look at page. Oh, no, I know I didn't. … But if this court were to disagree, we would argue that harmless air applies in harmless air.

    37 min of audio
  • Oral argument — Pistolesi v. Calabrese

    Oral argument · Oral argument · Oct 20, 2016

    Calabrese claimed that he acted based on a consumer complaint and not on retaliatory animus. … What they did instead was they said, we're going to clean house right now.

    20 min of audio
  • Oral argument — NJEPA v. NRC

    Oral argument · Oral argument · Jun 10, 2009

    The same generic environmental impact statement also examined continuation of spent fuel storage in pools during the license renewal period and possible release scenarios, including accidents, and again … It doesn't apply per se, but as I read, I guess it's 442, Comment B of Section 442, where it's normally a criminal event would be a superseding cause.

    43 min of audio
  • Oral argument — Barbara Kob v. County of Marin

    Oral argument · Oral argument · Mar 18, 2011

    One of the kind of buzzwords is, okay, well, during this waiting period, what did you do? Well, you challenged Mr. … So you have the head of the department is trying to get away from her and try to not have contact with her over a period of time.

    30 min of audio
  • Oral argument — Health Freedom Defense Fund v. President of the United States

    Oral argument · Oral argument · Jan 17, 2023

    How long would the regular notice and comment period have been? … Your Honor, the statute requires, I believe in general, that the notice and comment period be 30 days, but in that 30 days, it's possible that our understanding of COVID-19 could have changed, the specific

    72 min of audio

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