Searching Content indexed under Trials & Appeals & Compensation by Andrew Tauber ordered by Published Date Descending.
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Ninth Circuit Affirms Preemption Of California Meat-And Poultry-Packaging Rule
The Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) impose requirements on meat producers with the goals of preventing adulterated or misbranded meat and meat products from being sold...
United States
1 Mar 2016
Supreme Court Docket Report - June 26, 2012
Yesterday the Supreme Court granted certiorari in nine cases of interest to the business community:
United States
27 Jun 2012
Supreme Court Decision Alert - June 21, 2012
Today the Supreme Court issued two decisions, described below, of interest to the business community.
United States
22 Jun 2012
Supreme Court Decision Alert - June 18, 2012
Today the Supreme Court issued one decision, described below, of interest to the business community.
United States
19 Jun 2012
Supreme Court Docket Report - April 2, 2012
The Fifth Amendment to the U.S. Constitution provides that private property shall not be taken for public use without just compensation.
United States
3 Apr 2012
Supreme Court Decision Alert - March 26, 2012
Section 16(b) of the Securities Exchange Act of 1934 allows shareholder derivative lawsuits against statutorily defined "insiders" who have profited from "short-swing" transactions. In addition to defining a short-swing transaction as a coupled purchase and sale, or sale and purchase, completed within six months, the statute provides that "no such suit shall be brought more than two years after the date such profit was realized."
United States
27 Mar 2012
Supreme Court Decision Alert - January 23, 2012
The Federal Meat Inspection Act ("FMIA" or "Act") contains an express preemption provision that prohibits States from imposing requirements with respect to the "facilities and operations" of any federally inspected slaughterhouse "which are in addition to, or different than," the requirements imposed by the Act. 21 U.S.C. § 678.
United States
25 Jan 2012
Supreme Court Docket Report - November 14, 2011
The Supreme Court granted certiorari today to resolve various constitutional challenges to the Affordable Care Act ("ACA" or "Act"), the Obama Administration’s signature health care law.
United States
16 Nov 2011
Supreme Court Docket Report – April 28, 2009
The Federal Communications Commission (FCC) began exercising its statutory authority to impose penalties for the use of “obscene, indecent, or profane language” over the airwaves in response to Pacifica Radio’s infamous 1975 daytime broadcast of comedian George Carlin’s “Filthy Words” monologue.
United States
30 Apr 2009
Supreme Court Docket Report - Decision Alert - March 4, 2008
Under the Federal Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 301 et seq., a manufacturer must receive the approval of the Food and Drug Administration (FDA) before marketing a new drug. See 21 U.S.C. § 355(b).
United States
6 Mar 2009
Supreme Court Docket Report - October Term 2008
Under the National Banking Act, national banks "are not subject to any visitorial powers except as authorized by Federal law." 12 U.S.C. § 484(a).
United States
21 Jan 2009
United States
12 Nov 2008
Tellabs, Inc. v. Makor Issues & Rights, Ltd., No. 06-484
In an effort to curb abusive securities fraud litigation, the Private Securities Litigation Reform Act of 1995 ("PSLRA") requires plaintiffs to "state with particularity facts giving rise to a strong inference that the defendant acted" with scienter, i.e., that the defendant’s intention was to deceive, manipulate, or defraud. 15 U.S.C. § 78u-4(b)(2) (emphasis added).
United States
3 Aug 2007
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