By Adolfo Pesquera | August 16, 2023
The FDA failed to consider the cumulative effect of removing several important safeguards at the same time, Circuit Judge Jennifer Walker Elrod said.
By Mason Lawlor | August 15, 2023
"It is possible [the plaintiff] contracted COVID-19 at work, even though great precautions were taken to prevent the virus's spread there, and even though she could identify no COVID-19-positive patient or coworker with whom she came in contact during the relevant time period," the appeals court wrote. "But it is also possible that she contracted the virus at Wal-Mart or somewhere else..."
By Avalon Zoppo | August 9, 2023
The circuit's standard for granting temporary injunctions unfairly favors the board, Chad Readler wrote in a concurring opinion.
By Avalon Zoppo | July 28, 2023
EPA says 11th Circuit case involves "nationally applicable" agency action and thus belongs in D.C. Circuit Court.
By Avalon Zoppo | July 27, 2023
EPA says 11th Circuit case involves "nationally applicable" agency action and thus belongs in D.C. Circuit Court.
New Jersey Law Journal | Commentary
By Steven R. Rowland | July 17, 2023
Plainly, the New Jersey Supreme Court applied inconsistent standards of review on essentially the exact same issue. Worse yet, the court doesn't seem to be aware that it has apparently shifted from a strict review to an essentially hands-off position.
By Adolfo Pesquera | June 27, 2023
By granting immunity to a "purely private" entity without requiring a demonstration of the government's "actual control ... the court undermines this public trust," dissenting Justices Jeffrey Boyd and John Devine wrote.
By Charles Toutant | June 16, 2023
Care One's suit claims that it is a party in an "illegitimate," decadelong National Labor Relations Board proceeding, and that an administrative law judge assigned to the case, Kenneth Chu, is "an illegitimate decisionmaker."
By Brenda Sapino Jeffreys | June 16, 2023
Lloyd Gosselink Rochelle & Townsend environmental partner James Aldredge joined Winstead as a shareholder in Austin, where he plans to grow his water and wastewater practice.
New York Law Journal | Expert Opinion
By Anthony Michael Sabino | June 1, 2023
In Axon Enterprise v. F.T.C., the U.S. Supreme Court very recently decreed that constitutional challenges to regulatory power need not be relegated to agency administrative law judges, but rather are cognizable in the district courts. In the first installment of his two-part series, Anthony Sabino discussed the foundation for this newest edict. Now he turns to Axon itself.
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