Documents

Oral argument — In Re Effexor XR Antitrust Litigation

Oral argument · Oral argument · Sep 27, 2016

Are you alleging that the monopolization period here was, what, June of 08 to July of 10? Is that right? Yes. And if all the theories are correct, you get that entire period. … If you've got two claims there, and one is clean Act Teva's, and the other involves Walker Process, the result jurisdictionally is what?

Oral argument — Arctic Slope Native Assoc v. HHS

Oral argument · Oral argument · Jul 6, 2009

Congress was entitled to assume that it meant that period and no more. … The Fair Labor Standards Act, the Age Discrimination and Employment Act, both of those acts say, no, we're not going to do Rule 23 class actions in the usual way.

Oral argument — Renee J. v. Houston Indep School District

Oral argument · Oral argument · Nov 6, 2018

But the period of time that he was out of school, that was the period of time where the parents did get in touch with legal counsel and the student did eventually return to school with the guidance of … If I may respond to Judge Southwick's comment about more than, merely more than de minimis from the Michael F. standard.

Oral argument — Creative Choice Homes XXX, LLC v. Amtax Holdings 690 LLC (Consolidated with 23-10198, Creative Choice Homes XXXI, LLC v. MG Affordable Master, LLC)

Oral argument · Oral argument · Jun 7, 2024

They showed up in 60 days and it was a 90-day period of time. They got their default notices about 45 days into that cure period. Now, admittedly, both properties have different cure periods, right? … I want to clean up the due to and due from affiliate balances on Park Terrace. I want you to make a deposit. I want you to backdate the records to September.

Oral argument — Denny Anderson v. United States

Oral argument · Oral argument · Jan 10, 2017

Trial counsel informed the district court that every time he changed cell block units, he did not receive his medications for a period of time. … But here he was able to say, I'm not as culpable because I did not shoot at the person I shot in the air. So that shows an understanding of this crime. Then he was able to explain his regret.

Oral argument — United States v. Jesmene Lockhart

Oral argument · Oral argument · Nov 15, 2018

So, again, where the slate is clean, where we don't have any evidence either way, the tie goes to affirming the district court's judgment. … And then, there's no evidence in plain air that he would have done differently. I think Massenburg would still say it's fine. You could give none of those. None of those things.

Oral argument — United States v. Staggs

Oral argument · Oral argument · Feb 15, 2005

What he said was, well, I had one conversation with some guy who said he was in the Air Force. He said he could check people out. … On this record, given the judge's findings, given the judge's comments at sentencing, given the judge's comments on remand, I don't think he can come close to showing that he's going to do any better.

Oral argument — Olson v. Hunter's Point Homes

Oral argument · Oral argument · Jul 14, 2011

The circuit court dismissed all of these cases under the so-called Norman Act, i.e. the economic law stuff. … There were no allegations of an air conditioner being moved in the complaint. And so facts that were not in the record are now being argued.

Oral argument — USA and Sierra Club v. DTE Energy Co

Oral argument · Oral argument · Dec 10, 2015

Here the remedy is a civil penalty and mitigation projects to address the air pollution DTE caused. Thank you for your time. Thank you. Mr. Brunel, you may proceed. Thank you. … And let me stop there to comment on the point that was made in the earlier argument, the allegation that DTE did not perform the required analysis.

Oral argument — United States v. Donnie Jose

Oral argument · Oral argument · Mar 4, 2019

Well, it painted whoever did it as acting in a particularly callous and intentioned, willful manner. … And that's the evidence that the government commented on.

Oral argument — Killingworth v. State Farm Mutual Auto

Oral argument · Oral argument · Oct 18, 2007

Killingsworth made a sexual comment about me. He said that we're, quote, all wet at Aldo. We're all wet at the AFO over your Aldo production. … Well, but you see, this is not just a clean record. He has been promoted. He's been honored.

Oral argument — Carlos Ortega v. Santa Clara County Jail

Oral argument · Oral argument · Nov 15, 2021

Um, the, the requirement is, is, is really, is he capable of, uh, understanding the effects of his acts and capable of basically doing, doing business? … period.

Oral argument — In Re Exide Technologies

Oral argument · Oral argument · Jun 10, 2009

Bankruptcy court looked at New York law and correctly concluded that a contractual obligation can include both a duty to act and a duty to refrain from acting in a specified way. … The use restriction obligation is a duty of ENERSYS to not act in a specific way.

Oral argument — United States v. Fernandez

Oral argument · Oral argument · Aug 1, 2022

him to calm down, lighting a cigarette and all, this whole— He already has admitted within a minute and a half of this, maybe two minutes, that he has been taking cocaine, but then he says his car is clean … Because they have him acting so strangely, and then they can get the toxicology reports or whatever and go with that.

Oral argument — State of Tennessee v. Michael Corrin 16-5719 Metropolitan Govt of Nashville v. Michael Corrin

Oral argument · Oral argument · Jan 26, 2017

What we're talking about here is the penalty for non-payment of taxes during the period that the case is before the bankruptcy court. … The court further said that states retain the power to act where the federal government has declined to do so or whereas in the area of exemptions it is decided to permit states to act.

Oral argument — People v. Mars

Oral argument · Oral argument · Nov 28, 2012

And in that case, any reasonable attorney would recognize that in that time period, there's going to be an issue of causation, because Mr. … I think the law in this state is where there's an act of the accused, the death is presumed to have resulted from the act unless it can be shown that the death was caused by a supervening act disconnected

Oral argument — People v. Steiner

Oral argument · Oral argument · Jan 21, 2016

And you said, if it's waived, it's air. Did you argue plain error here at the trial at the public court? Are you playing? … We have to look at all the comments in context. In context, it was clear that he was making a comment about his credibility findings. No more, no less.

Oral argument — Short v. Coonce

Oral argument · Oral argument · Jun 7, 2011

Cleaning and clearing up to the fence line, this was done by Mr. Short immediately after he bought the land and continued on. Hunting by Mr. Short and the hunters that he leased to. … However, the court can infer the feelings of a defendant based on what that person's acts are. And he, in fact, Judge Jackson, did that in his order itself.

Oral argument — Spanski Enterprises, Inc. v. Telewizja Polska, S.A.

Oral argument · Oral argument · Dec 7, 2017

So you say in your brief, I'm looking at page 38, you say, quote, this is consistent with what you're saying here, acts committed abroad cannot form the basis for a U.S. copyright infringement suit, period … the Copyright Act.

Oral argument — Thompson v. The City of New Yo

Oral argument · Oral argument · Feb 6, 2020

Period, end of story, everybody leaves, which is what the plaintiff is contending occurred here. Correct. … And I'd actually just really encourage the court to read the comments. Again, this is the exact provision cited in Lanning.