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

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  • Oral argument — United States v. America Aguilar-Reyes

    Oral argument · Oral argument · Dec 7, 2020

    And that's subject to a plain air review. And there's just no facts in the record to support that any due process violation occurred with the 2012 expedited removal. … What is your response to the government's comment that the UBISA in this case, the facts that she wants to rely on here occurred in a different time period at a time when she had LPR status and that somehow

    20 min of audio
  • Oral argument — 1-20-0278

    Oral argument · Oral argument · Feb 17, 2021

    It's in the Probate Act. So will they also have a right to file counterclaims? … And that within that time period, it went on for over three decades. And when Mr.

    49 min of audio
  • Oral argument — Aalfs v. Wirum

    Oral argument · Oral argument · Apr 17, 2007

    And if he were a clean, equitable guy, I don't – I can see the logic of that. … And Straight Line Investments acted as if it were some new and different lumber and objected to the proposed borrowing. I'm missing something.

    46 min of audio
  • Oral argument — Tlaloc Munoz v. Earthgrains Distribution, LLC

    Oral argument · Oral argument · Aug 15, 2024

    So it would be helpful to me if you focused at least your initial comments on that issue. … And when they don't do that, if we just kind of clean it up for them, we say, oh, the $10,000 liquidated damages or the notice period or the disparity of claims that are in and out of arbitration, if we

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

    Oral argument · Oral argument · Apr 1, 2019

    He said if he had seen grease, he would have cleaned it up, and he didn't do that. That's also at page 146 of the record. … I think that the comments to 602 are helpful if you look at those, because under the comments, it says that foundational requirements of personal knowledge can be furnished by the testimony of the witness

    14 min of audio
  • Oral argument — EDWARDS LIFESCIENCES v. COREVALVE

    Oral argument · Oral argument · Jan 11, 2012

    They needed that special facility that was available to them, the clean room and all that. And they needed this skilled workforce. That's why they came from France to Irvine in the first place. … Under the AIA Act, there's going to be more and more reexaminations. We all are aware of that.

    44 min of audio
  • Oral argument — Airbus S.A.S. v. Firepass Corporation

    Oral argument · Oral argument · Sep 5, 2019

    This court sits in review of the final judgments of the PTAB under the Administrative Procedure Act. … And our comments discussed both referred to both Gustafson and the 1167 report, which are two of the four references that we're now relying on.

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

    Oral argument · Oral argument · Jan 20, 2022

    And so, again, I'm a bit hamstrung and this may be, you know, it's my burden on a plain air review to show the air and it was obvious and that there was prejudice. So I certainly understand that. … the way they were acting.

    31 min of audio
  • Oral argument — Sybil Davis v. County of Riverside

    Oral argument · Oral argument · Nov 12, 2020

    It also requires a proof that Sergeant Anthony acted with either deliberate indifference or purpose to harm unrelated to legitimate law enforcement objectives. … Therefore, we'll pick a number out of the air. I see I've gone over. If your honors have no other questions, we will submit. Okay. Thank you to you both for your arguments.

    33 min of audio
  • Oral argument — International Unionof Bricklayers v. Banta Tile&Marble Company

    Oral argument · Oral argument · Jul 14, 2009

    And those agreements provided for how to terminate them beyond the period stated in the agreement, right? That's correct. And Banta never did that? … You have Atlas Air and the Eighth Circuit there. They solely went on in the Eighth Circuit in Atlas Air under the local terms of the arbitration provision.

    32 min of audio
  • Oral argument — Trematore Plumbing Heating v. Sheet M Workers Local25

    Oral argument · Oral argument · Jun 4, 2025

    That was air HVAC, and he didn't subcontract out. But the CBA was still in effect. … Because we establish greater rights, because we establish full rights under the Act, why would we have fewer rights than we had when we didn't have full rights under the Act?

    44 min of audio
  • Oral argument — People v. Sundling

    Oral argument · Oral argument · Oct 25, 2011

    And since NDB could only testify about being touched somewhere, and again, you know, there was wrestling, there was tossing up in the air, that wasn't sufficient accusatory testimony. … They cleaned up and would not say a word when asked questions. This witness answered every question that was asked. Why is it the same?

    47 min of audio
  • Oral argument — Garland Lott, Jr. v. Carolyn W. Colvin

    Oral argument · Oral argument · Sep 10, 2014

    My name is Una McGeehan, and I represent the acting commissioner of Social Security, Carolyn Colvin. … If you had, I'll give you one comment. One comment. The, there is a inconsistency between the ALJ's finding at step two and three.

    27 min of audio
  • Oral argument — Secretary of Labor v. M-Class Mining, LLC

    Oral argument · Oral argument · Mar 22, 2021

    When MSHA terminated that order, M-Class was able to use its air compressor again. … They were under the impression that the air compressor, because it was a diesel powered air compressor, it was likely the source of the carbon monoxide poisoning.

    30 min of audio
  • Oral argument — SCHECHNER v. DHS

    Oral argument · Oral argument · Feb 9, 2011

    Schechner says that his work performance was good, but then she found that he committed three acts of negligence during this period of time. … He does dispute the adequacy of his work performance during this period.

    25 min of audio
  • Oral argument — So. Cal. Gas Co. v. City of Santa Ana

    Oral argument · Oral argument · Jun 3, 2003

    It wasn't acting in its capacity as a landowner or owner of the rights. It was not acting in its private capacity. Somewhere beside the point anyway, probably. … This counsel for, oh, I'm sorry, the third one, Air Cal, is the third case that was mentioned. This court's opinion in Air Cal. And counsel said that had an express reservation of rights.

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

    Oral argument · Oral argument · Oct 3, 2016

    The FAA has its own back pay act, basically. … They were acting under the PMS, period. That's all. I think I've covered the rest in the reply brief of some disagreements we have on the procedures. Thank you. Okay, thank you. Thank you both.

    26 min of audio
  • Oral argument — Cunningham v. Cornell University

    Oral argument · Oral argument · Oct 19, 2022

    The statute requires a fiduciary responsible for a retirement plan's assets to act with care, skill, prudence, and diligence. … The Harvard comparison, there was an admission that it was simply chosen out of thin air to support a pre-existing theory.

    28 min of audio
  • Oral argument — Hulverson & Hullverson, P.C. v. Hullverson

    Oral argument · Oral argument · Jan 19, 2016

    It allows for an individual person to seek a damage action for actual damages, such as the VW case, where people got clean diesels only they weren't clean diesels. That's the classic. … The Uniform Deceptive Trade Practices Act is the act most like the Lanham Act.

    48 min of audio
  • Oral argument — United States v. Mario Chavez-Tello

    Oral argument · Oral argument · Feb 5, 2013

    The strictures of the Speedy Trial Act don't apply, and Rule 11 doesn't apply, as we know from Siegel. I want to discuss briefly the government's argument about waiver. … Because this is raised for the first time on appeal, the correct standard of review is plain air. And under the plain air standard, the appellant cannot meet its burden to show prejudice.

    21 min of audio

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