federal court

Supreme Court denies Mark Meadows' bid to move election subversion case to federal court

The Supreme Court has rejected a petition from Mark Meadows, the former White House chief of staff during the first Trump administration, to move his 2020 election subversion case to federal court.




federal court

Johnson & Johnson Takes the 340B Drug Rebate Fight to Federal Court

Johnson & Johnson is suing the federal agencies overseeing the 340B program that makes discounted medicines more accessible to uninsured and underserved patients. J&J contends the Health Resources Services Administration can’t legally oppose its plan to implement a new rebate plan for certain 340B drugs.

The post Johnson & Johnson Takes the 340B Drug Rebate Fight to Federal Court appeared first on MedCity News.




federal court

Federal Court Orders EPA to Re-examine Whether Roundup Causes Cancer

Title: Federal Court Orders EPA to Re-examine Whether Roundup Causes Cancer
Category: Health News
Created: 6/20/2022 12:00:00 AM
Last Editorial Review: 6/20/2022 12:00:00 AM




federal court

Federal Court Upholds Damage Award for Carrier's Breach of Contract

The U.S. 10th Circuit Court of Appeals ruled that an employer was entitled to more than $541,000 in damages for its insurance carrier’s breach of contract. Case: MVT Services LLC v. Great…




federal court

Federal Court Reinstates Injured Worker's Civil Suit Against Crane Contractor

A federal appellate court revived an injured worker’s suit against a crane contractor, finding there were triable questions as to whether the crane operator allegedly responsible for his injuries was…




federal court

Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…




federal court

Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




federal court

Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late

A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day…




federal court

Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake

A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No.




federal court

Federal Court Creates Circuit Split on Liability for Black Lung Benefits

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…




federal court

Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow

A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley…




federal court

Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim

A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…




federal court

Federal Court Sends Worker's Jones Act Claim Back to State Level

A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the…




federal court

Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order

A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and…




federal court

Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman

The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence…




federal court

Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker

A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William…




federal court

Federal Court Dismisses Case Alleging Breach of ERISA Fiduciary Duties in 401(k) Class Action

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A recent federal court decision, however, shows that fiduciaries of ERISA retirement plans may be able to attack and defeat complaints alleging breaches of ERISA fiduciary duties at the pleading stage if the right arguments are made and if certain fact patterns are present. 




federal court

Illinois Federal Court Holds that a Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal Liability Calculations

  • In a matter of first impression for federal courts, the Northern District of Illinois found that a pension fund cannot use post-2014 contribution rate increases made pursuant to a rehabilitation plan to calculate an employer’s withdrawal liability payment amount.
  • This decision represents a major victory for employers faced with inflated withdrawal liability demands.




federal court

NAB Urges Federal Court to Require FCC to Act on Delayed Broadcast Ownership Review

Washington, D.C. -- The National Association of Broadcasters (NAB) filed a petition for mandamus in federal court today seeking to require the Federal Communications Commission (FCC) to expeditiously complete its long-pending 2018 quadrennial review of broadcast ownership rules.




federal court

Federal court ruling brings 9-year Secret Service overtime lawsuit closer to its end

Attorneys representing Secret Service agents in a 9-year overtime lawsuit say there may be "light at the end of this tunnel," following a recent court ruling.

The post Federal court ruling brings 9-year Secret Service overtime lawsuit closer to its end first appeared on Federal News Network.




federal court

Federal Court Rules Against Gun Lobby on Delaware Injunction

Delaware’s bans on assault weapons, large capacity mags remain in effect  A federal judge hearing a right-wing challenge against two common-sense gun safety measures in Delaware has ruled against the gun lobby on a critical question in Delaware State Sportsmen’s Association, Inc. et al. v. Delaware Department of Safety and Homeland Security et al.  In an […]



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federal court

Federal Court Rules for State, Against Gun Lobby on Landmark Gun Safety Law

A federal judge has denied another right-wing challenge to a commonsense gun safety law that allows gun dealers in Delaware to be held accountable in court for the violence they create.   This is Attorney General Kathy Jennings’ third consecutive legal win over the gun lobby.  Earlier this year, the same federal court ruled against plaintiffs challenging Delaware’s assault weapons ban and large-capacity magazine ban.  Both remain in effect, as well.  “Sometimes the facts of a case tell you all you need to know,” […]



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federal court

FTC takes Tronox and Cristal to federal court




federal court

Tesla files complaint in federal court claiming 'no rational basis' for factory shutdown

Tesla alleged in a lawsuit that California's Alameda County, where the automaker has a factory, went against state rules and "created a legal quagmire."




federal court

Federal Court dismisses ACCC appeal on PN Aurizon case

6 May 2020

The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ).

The ACCC had appealed the 2019 judgment of the Federal Court which held that the acquisition would not be likely to substantially lessen competition due to an undertaking that Pacific National had offered the Court.

While the ACCC was successful in relation to a number of legal issues, the Full Court found there was insufficient evidence to establish that the acquisition was likely to result in a substantial lessening of competition, and dismissed the ACCC’s appeal.

Although the majority of the Full Court agreed with the ACCC’s position on the meaning of ‘likely’, the case hinged on the ACCC establishing the likelihood of another player seeking to enter the market in the next five to ten years. The Full Court considered that the prospect of new entry was no more than speculative.

“This was a particularly important case for Australia’s merger laws, and the outcome demonstrates the real difficulty of applying the substantial lessening of competition provisions in the legislation,” ACCC Chair Rod Sims said.

The result of the Full Court’s decision is that Pacific National’s acquisition of the Acacia Ridge Terminal may proceed, without the access undertaking accepted by the trial judge.

“This is also a sad day for the economy, because the ACCC’s view is that the prospects of competition in rail freight have been significantly diminished and the impacts of this will be with us for more than a decade,” Mr Sims said.

The ACCC’s case was that Pacific National’s ownership of the Acacia Ridge Terminal would allow it to effectively prevent access to new entrants, entrenching Pacific National’s position as the dominant rail freight carrier on the east coast.

“We will now carefully consider the Full Court’s judgment. The ACCC will continue to consider what changes are needed to make Australia’s merger laws work in the way they need to, to safeguard the economy from highly concentrated markets,” Mr Sims said.

Notes to editors

The term ‘intermodal’ freight is used to describe the carriage of general freight usually in a container using two or more modes of transportation, such as truck and rail. ‘Intermodal rail linehaul’ refers to the rail leg of the movement of intermodal freight. ‘Steel rail linehaul’ refers to similar services that are provided in respect of steel products.

An intermodal terminal, such as the Acacia Ridge Terminal, comprises infrastructure with a connection to a rail line where containers can be transferred between transportation modes.

Background

The ACCC commenced proceedings on 18 July 2018 alleging that Pacific National’s acquisition of the Acacia Ridge Terminal from Aurizon would have the likely effect of substantially lessening competition in breach of section 50 of the Competition and Consumer Act 2010.

The ACCC was concerned that the acquisition of the Acacia Ridge Terminal would deter a new entrant from providing interstate linehaul services in competition with Pacific National.

The ACCC had commenced a public investigation of Aurizon’s proposed exit plans, including the proposed acquisitions by Pacific National of the Acacia Ridge Terminal and Queensland intermodal business on 27 October 2017. The ACCC issued a statement of issues on 15 March 2018.

The Federal Court dismissed the ACCC’s proceedings on 15 May 2019. The trial judge found that, with Pacific National’s undertaking offered to the Court, the acquisition of the Acacia Ridge Terminal would not be likely to substantially lessen competition.

The ACCC lodged an appeal on 27 June 2019. The appeal, and cross appeals by Pacific National and Aurizon, were heard before the Full Court of the Federal Court from 17 – 20 February 2020.

Release number: 
91/20
ACCC Infocentre: 

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Media team - 1300 138 917
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federal court

Federal Court Permanently Shuts Down Ohio Tax Return Preparer

A federal court permanently enjoined Mary E. Shade, d/b/a MS Tax, of Piqua, Ohio, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. Mary E. Shade consented to the relief.




federal court

Federal Court Permanently Bars Former Liberty Tax Service Owners from Tax Preparation Business

A federal court in Tampa, Florida has permanently barred Steven Doletzky, formerly doing business as Liberty Tax Service, from operating a tax return preparation business and preparing federal tax returns for others, the Justice Department announced today. The court also ordered Doletzky to disgorge $175,000 of ill-gotten gains that the United States alleges he received from filing federal tax returns that claimed improper tax refunds, understated customers’ federal tax liabilities, or otherwise included false or fraudulent claims.




federal court

Federal Court Finds Tampa Tax Preparer in Contempt for Violating the Court’s Preliminary and Permanent Injunctions




federal court

Federal Court Orders Texas Home Health Care Services Company to Pay Employment Taxes

On March 18, a federal court ordered El Mundo Feliz, a Partnership (El Mundo), and Daniel Martinez Jr. to begin paying employment taxes to the United States on a timely basis, the Justice Department announced today.




federal court

Federal Court Permanently Shuts Down Texas Tax Return Preparers

A federal court permanently enjoined Smart Ajayi, d/b/a Harplett Marketing LLC., Topps Tax Services and Smart Tax Services, and JoAnn Villarreal, both of Grand Prairie, Texas, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. Ajayi and Villarreal consented to the relief.




federal court

A scandal every 22 days: ARLC hits back over fresh de Belin Federal Court challenge

The ARLC has suggested that Jack de Belin needs a "reality check" as it argues that the code's no fault stand-down policy is necessary because the sport has been "beset by a series of scandals."





federal court

Mintabie community launches Federal Court legal action against South Australian Government weeks out from eviction

A community weeks away from being evicted has launched legal action against the South Australian Government in a bid to stop their town's closure.



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federal court

Federal Court dismisses bid to stop ballot on nuclear storage facility near Kimba

A South Australian Aboriginal group loses a bid to stop a council ballot on whether a nuclear storage facility should be built on the Eyre Peninsula.




federal court

Federal Court rules union regulator's probe of AWU donations to GetUp! was invalid

A Federal Court judge finds the Registered Organisations Commission's investigation into donations made to the activist group in 2006 when former opposition leader Bill Shorten was leading the union was not politically motivated, but it was launched on a "flawed"basis.




federal court

Backpacker tax ruled 'a disguised form of discrimination' and overturned by Federal Court

An estimated 75,000 backpackers working, or that have worked in Australia, could be back-paid hundreds of millions of dollars after the Federal Court ruled the so-called backpacker tax invalid.




federal court

Federal Court extends order preventing deportation of Tamil family from Biloela

The family at the heart of the "Home To Bilo" campaign will remain in Australia for at least another 24 hours as a legal argument about the immigration assessment of two-year-old Tharnicaa continues.




federal court

Cattle genome patent to be permitted following Federal Court ruling, after some amendments

A patent application has been granted which Meat and Livestock Australia fears will have a chilling effect on genomic research in Australia's cattle industries.




federal court

The Elon Musk circus is about to enter a new arena: federal court

Elon Musk's contempt toward the U.S.




federal court

Forum 2019 : 8C Are regular casual employees entitled to paid annual leave? : the implications of the Federal Court's decision in WorkPac Pty Ltd v Skene / slides presented by John Love, EMA Legal.




federal court

Donald Trump Nominates Indian-American Attorney As Federal Court Judge

US President Donald Trump on Monday nominated an Indian-American attorney to a federal court in New York.




federal court

Federal Court Block Deportation of Afghanistan National on SIV

On Wednesday, a federal high court prevented the President Trump’s led administration from sending back a man of Afghan descent who was attempting to come into the United States with a special permit kept specially for those who have come to the aid…




federal court

Brazilian federal court suspends operating license for 11.2-GW Belo Monte hydropower plant

A Brazilian federal court has suspended an operating license for the 11.2-GW Belo Monte hydroelectric plant, stating that its developers have failed to provide water and sewage services to areas near the project.




federal court

Tamil family on Christmas Island wins Federal Court case

A Tamil asylum seeker family detained on Christmas Island has won a legal battle in the Federal Court, which found two-year-old Tharunicaa was denied procedural fairness.




federal court

Tamil family on Christmas Island wins Federal Court case

A Tamil asylum seeker family detained on Christmas Island has won a legal battle in the Federal Court, which found two-year-old Tharunicaa was denied procedural fairness.




federal court

Union takes Qantas to Federal Court over 'heartless' denial of sick leave to stood-down workers

The Transport Workers' Union urges the Federal Court of Australia to find that Qantas is still responsible for paying sick leave to 25,000 workers who have been stood down during the global coronavirus pandemic.




federal court

Tamil family on Christmas Island wins Federal Court case

A Tamil asylum seeker family detained on Christmas Island has won a legal battle in the Federal Court, which found two-year-old Tharunicaa was denied procedural fairness.




federal court

Federal Court Bars Maine Resident from Preparing Tax Returns for Others

A federal court in Maine has permanently barred Robert A. Grover from preparing federal tax returns for others. The court also ordered the Maine resident to provide his customer lists to the government and to mail copies of the complaint and court order to his customers. Grover consented to the civil injunction order.



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federal court

Federal Court Bars Connecticut Woman from Preparing Tax Returns for Others

A federal district court in Connecticut has permanently barred Elda Sinani, a resident of that state, from preparing federal tax returns for others. Sinani consented to the civil injunction order.



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federal court

U.S. Asks Federal Court to Shut Down Iowa Tax Preparers

The United States has sued a Clive, Iowa, couple to bar them from preparing federal tax returns for others. According to the government complaint, Jill Schwartz-Musin, her husband Howard Musin, and their business, SSC Services, prepare fraudulent federal income tax returns for small business owners.



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