Cases

MEMORANDUM OPINION AND ORDER James 0. Browning, UNITED STATES DISTRICT JUDGE THIS MATTER comes before the Court on Plaintiffs’ Motion for Bench Trial on Plaintiffs’ First Through Fourth Claims for Relief, and Brief in Support, filed February 17, 2017 (Doc. 253)(“Motion for Bench Trial”). The Court held a hearing on April 26-27, 2017, The primary issues are whether: (i) the Plaintiffs’ breach-of-fiduciary-

Opinion for the Court filed by Senior Circuit Judge WILLIAMS. Dissenting opinion filed by Circuit Judge HENDERSON. WILLIAMS, Senior Circuit Judge: This is the latest installment in a long-running series of cases concerning an incentive that Congress established for companies to bring “generic” versions of branded drugs to market faster than they otherwise might. Teva Pharmaceutical

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 7, 2009 Decided March 2, 2010 No. 09-5281 TEVA PHARMACEUTICALS USA, INC., APPELLANT v. KATHLEEN SEBELIUS, IN HER OFFICIAL CAPACITY AS SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL., APPELLEES Consolidated with 09-5308 Appeals from the United States

Justice Stevens, with whom Justice Brennan, Justice Marshall, and Justice Blackmun join, dissenting. This case presents two issues: whether the flat tax features of the Arkansas HUE tax violate the Commerce Clause of the Federal Constitution and, if so, whether petitioners are entitled to a tax refund. The former is ordinarily a pure question of federal law, our resolution of which should be applied uniformly t

Case: 20-30019 Document: 00516177053 Page: 1 Date Filed: 01/24/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED

KAREN NELSON MOORE, Circuit Judge, dissenting. Congress passed the Clean Air Act (“CAA”) “to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population.” 42 U.S.C. § 7401(b)(1). Because the majority hamstrings the Environmental Protection Agency’s (“EPA”) ability to pursue this mission by refusing to defer to the agen

OPINION ON REHEARING Tracy Christopher, Justice In this dispute between a commercial tenant and its landlord, both sides appeal from the judgment rendered after a jury trial. The tenant and a related party maintain that the landlord breached 'an agreement to sell the property to one or both of them and additionally breached a lease provision giving the tenant the right to lease additional space. The tenan

803 F.Supp.2d 1287 (2011) Sarah WALKER, Plaintiff, v. THI OF NEW MEXICO AT HOBBS CENTER d/b/a Hobbs Health Care Center, Diana Melton, Jaime Andujo, Debbie Lothridge, Karen Hood (Miller), THI of New Mexico, LLC, Fundamental Clinical Consulting, LLC, Fundamental Administrative Services, LLC, THI of Baltimore, Inc., and Fundamental Long-Term Care Holdings, LLC, Defendants, and THI of New Mexico at Hobbs Center, LLC, THI of New Mexico, LLC, Funda

Appellate Case: 19-1330 Document: 010110642555 Date Filed: 02/08/2022 Page: 1 FILED PUBLISH United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS February 8, 2022

GREGORY, Chief Judge: These consolidated cases present two challenges to agency actions that provided necessary approvals for the Atlantic Coast Pipeline (ACP). The challenges were brought by Defenders of Wildlife, the Sierra Club, and the Virginia Wilderness Committee (collectively, "Petitioners"). For the reasons that follow, we conclude that both agency decisions are arbitrary a

In 2005, Congress passed the Energy Policy Act ("EPACT"), which phased out the RFG oxygenate requirement and established the Renewable Fuel Program in its place. See Energy Policy Act of 2005, Pub. L. No. 109-58, §§ 1501, 1504, 119 Stat. 594 (2005). The new program requires gasoline suppliers to blend their product with renewable fuels, suc

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued February 1, 2019 Decided October 1, 2019 No. 18-1051 MOZILLA CORPORATION, PETITIONER v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS CITY AND COUNTY OF SAN FRANCISCO, ET AL., INTERVENORS Consolidated with 18-

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued February 1, 2019 Decided October 1, 2019 No. 18-1051 MOZILLA CORPORATION, PETITIONER v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS CITY AND COUNTY OF SAN FRANCISCO, ET AL., INTERVENORS Consolidated with 18-

VANCE, District Judge. ORDER AND REASONS Before the Court are two motions filed by the defendants: (1) a motion for summary judgment dismissing the claims of plaintiff Ronald Blancq; and (2) a motion to strike plaintiffs demand for a trial by jury. For the reasons set forth below, both motions are DENIED. I. BACKGROUND Captain Ronald Blancq was employed a

OPINION Hamblen, Chief Judge: By statutory notice of deficiency dated March 6, 1992, respondent determined a deficiency in petitioners’ Federal corporate income tax for the taxable year ending June 30, 1988, in the amount of $150,123. Pursuant to the provisions of section 48.4041-7, Manufacturers & Retailers Excise Tax Regs., respondent contends that petitioners are not e

471 F.Supp.2d 20 (2007) CITY OF MOUNDRIDGE, et al., Plaintiffs, v. EXXON MOBIL CORPORATION, et al., Defendants. Civil Action No. 04-940 (RWR). United States District Court, District of Columbia. January 9, 2007. *21 *22 *23 *24

695 F.Supp.2d 431 (2010) Jeffrey Alan WILLIAMSON, Plaintiff, v. AMERICAN NATIONAL INSURANCE COMPANY, Defendant. Civil Action No. H-07-3776. United States District Court, S.D. Texas, Houston Division. March 2, 2010. *437 Jeffrey Alan Williamson, Houston, TX, pro se. Janet Larene Wells Rushing, Kelly-Ann F. Clarke, Steven Ca

IN THE TENTH COURT OF APPEALS No. 10-14-00274-CV CLINTON W. (BUDDY) PIKE, SR., DANIEL L. WALKER, W. TOBIN WILSON, VHSC CEMENT, LLC AND FEW READY MIX CONCRETE CO., Appellants v. TEXAS EMC MANAGEMENT, LLC, TEXAS EMC PRODUCTS, LP AND EMC CEMENT, BV, Appellees From the 77th District Court

IN THE TENTH COURT OF APPEALS No. 10-14-00274-CV CLINTON W. (BUDDY) PIKE, SR., DANIEL L. WALKER, W. TOBIN WILSON, VHSC CEMENT, LLC AND FEW READY MIX CONCRETE CO., Appellants v. TEXAS EMC MANAGEMENT, LLC, TEXAS EMC PRODUCTS, LP AND EMC CEMENT, BV, Appellees From the 77th District Court

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on SWEPI’s Motion for Partial Judgment on the Pleadings, filed May 31, 2014 (Doc. 21)(“Motion”). The Court held a hearing on November 3, 2014. The primary issues are: (i) whether the Court may consider evidence outside the pleadings to determine issues of justiciability; (ii) whether Plaintiff