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Challenge To SEC Database Not Too Late, Investors Argue
The Texas investors suing the U.S. Securities and Exchange Commission to stop the collection of trading information through a central database have hit back against the agency’s arguments that the lawsuit was filed 12 years too late, saying they have ongoing concerns that their private information could be compromised…
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Judge orders ATF to return last ‘legal’ bump stock
The last “legal” bump stock is set to be given back to the owner this month after the Biden administration lost on its latest gun control effort. A federal district court judge, reacting to a Supreme Court decision knocking down a ban on the device from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, ordered it returned to Clark Aposhian,…
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Bar Association, Other Amici Say Preliminary Injunction Enough For Attorney Fees
In the first of 10 amicus briefs supporting arguments before the U.S. Supreme Court by Virginians seeking attorney fees related to their putative class complaint over a now repealed suspension of driver’s licenses statute, the New Jersey State Bar Association tells the justices that a merits-based preliminary injunction is enough to establish a “previaling party”…
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Court of Appeals Reverses Dismissal of NAA Eviction Moratorium Lawsuit
On August 7th, 2024, the U.S. Court of Appeals for the Federal Circuit overturned the U.S. Court of Federal Claims’ dismissal of Darby Development Company, Inc. v. United States in a 2-1 decision. The critical case seeks to determine whether the U.S. Centers for Disease Control and Prevention’s (CDC) federal moratorium is an illegal taking under the…
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Can a federal agency gag those who enter into settlement agreements? The SEC says yes. — First Amendment News 434
Let’s begin with basics: Gag orders are, save for exceptional circumstances, an affront to the First Amendment. And why? Again, basics: They run counter to the principle of no prior restraints, and they can be content-based, which violates another free speech canon. Hence, for a gag order to be permissible it must satisfy a strict…
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