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Law.com

Court Says Immigration Judges' Challenge to Public Speaking Policy Is 'Reasonable,' But Must Be Brought Administratively

"Were plaintiff's members to pursue their reasonable, nonfrivolous constitutional claims through the CSRA's administrative process and fail to secure review in the Federal Circuit, it is possible that plaintiff would then be entitled to district court review; however, at this stage, this Court is satisfied that it lacks jurisdiction over plaintiff's claims," U.S. District Judge Leonie M. Brinkema wrote in a case of the National Association of Immigration Judges challenging the constitutionality of the 2021 speaking engagements policy of the Executive Office for Immigration Review.
5 minute read

National Law Journal

'Tough Decisions Ahead': After Grayscale Ruling, Lawyers Eye SEC's Next Move

"If the SEC is going to take another swing at this pinata, it can't miss," one attorney said.
6 minute read

Texas Lawyer

Susman Godfrey Dismantles Federal Medical Billing Scheme

Referring to the plaintiffs' first claim, U.S. District Judge Jeremy D. Kernodle put an end to "ghost rates," a term used for calculating rates based on services providers have no intention to provide.
4 minute read

Corporate Counsel

Historic NLRB Ruling Gives Workers Path to Unionize Without Having to Vote

"These changes radically shift the legal landscape for companies," Morgan, Lewis & Bockius wrote in a note to corporate clients, and "make it much easier for unions to organize."
6 minute read

Texas Lawyer

Mail-Order Access to Abortion Pill Blocked by US 5th Circuit Court

The FDA failed to consider the cumulative effect of removing several important safeguards at the same time, Circuit Judge Jennifer Walker Elrod said.
3 minute read

Law.com

State Court Rejects Appeal by Nurse Seeking Workers' Comp for Blood Clots Allegedly Caused by COVID-19

"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..."
4 minute read

National Law Journal

'Misguided Approach': Judge Criticizes 6th Circuit's Test for NLRB Injunctions in Starbucks Case

The circuit's standard for granting temporary injunctions unfairly favors the board, Chad Readler wrote in a concurring opinion.
5 minute read

National Law Journal

Judges Press Lawyers on Venue in Challenge to EPA's Renewable Fuel Exemption Denial

EPA says 11th Circuit case involves "nationally applicable" agency action and thus belongs in D.C. Circuit Court.
4 minute read

New Jersey Law Journal

Who Gets the Last Word?: Judicial Deference and Agency Determinations

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.
7 minute read

Texas Lawyer

No One—Not Even the High Court—Seems to Agree on ERCOT Liability for Storm Uri

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.
5 minute read

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