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New York Law Journal

Decision of the Day: ALJ's Disregard of Treating Doctor's Opinions Rendered Decision Based on Legal Error

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

Delaware Law Weekly

Hunter Biden Laptop Defamation Case Bounces Back to Del. State Superior Court

Biden is represented in the matter by Dalton & Associates and Winston & Strawn. A computer repair shop owner has sued him, a congressman and Joe Biden's presidential campaign over disclosure of his identity.
3 minute read

Texas Lawyer

Fifth Circuit Calls Out FDA On Unlawful Vape Liquids Ban

The appellate court found the FDA unlawfully changed its rules without providing notice or opportunity for public comment on standards for fulfilling the requirements of applications by creating a substantive rule in the guise of an internal memorandum.
4 minute read

Texas Lawyer

A Federal Judge Just Opened the Door for a Railroad Company to do Automated Inspections

"Here, the agency has barely articulated any basis at all. The paucity of reasoning is especially glaring in the face of the agency's statutory mandate to prioritize safety," the opinion states.
5 minute read

New York Law Journal

Should the First Department Have Dismissed for Misdescription of Body Type Many of the Parking Summonses It Upheld?

VTL 238 requires a parking violation to be dismissed upon application of the person charged with the violation if the parking summons charging the violation omits, misdescribes, or illegibly states certain information, including the vehicle's body type.
5 minute read

Delaware Law Weekly

Tesla Asks Supreme Court to Allow Delaware Dealer License

Considering the rise of made-to-order cars and direct sales, especially among newer manufacturers of electric vehicles, the court's decision either way has the potential to impact how and if companies sell cars in Delaware.
3 minute read

National Law Journal

5th Circuit Case Threatens Structure of Federal Agencies, Legal Experts Say

If the Fifth Circuit rules against the government, legal experts said the decision would extend an existing at-will removal requirement for agencies led by single directors to the multimember Consumer Product Safety Commission, and could have more far-reaching effects if the U.S. Supreme Court gets involved.
6 minute read

New York Law Journal

NY Bar Calls for Repeal of New Rules for In-Person Notarial Acts

The New York State Bar Association said that the record-keeping requirement has no basis in the enabling legislation and creates significant challenges for New York attorneys.
3 minute read

New York Law Journal

State Bar Eyes Challenges of New E-Notarizations Law

The new law doesn't provide specific consequences, nor does it provide safe harbors, which means lawyers are left to look at existing case law concerning mistakes made by a notary public.
5 minute read

New York Law Journal

The Impact of Administrative Law on Criminal Sentencing

The Sentencing Guidelines have always presented novel constitutional and interpretive issues. One issue that has recently divided the lower courts is how much deference to afford to the Sentencing Commission's commentary interpreting the Sentencing Guidelines. The Supreme Court answered this question nearly 30 years ago in Stinson v. United States, but Stinson is now on shaky ground.
11 minute read

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