En banc

En Banc Fifth Circuit Will Hear NCLA Lawsuit Against Legally Defective Nasdaq Board Diversity Rules

Retrieved on: 
Tuesday, February 20, 2024
En banc, Exchange, Court, Human, Conscience, Disclosure, Constitution, NCLA, Rule, Frolic, Constitutional right, Congress, Public policy, Speech, Supreme court

NCLA welcomes the opportunity to argue this case before the full Fifth Circuit, where we will urge the Court to set these unlawful rules aside.

Key Points: 
  • NCLA welcomes the opportunity to argue this case before the full Fifth Circuit, where we will urge the Court to set these unlawful rules aside.
  • The Court also granted the petition for rehearing en banc filed in the case by the Alliance for Fair Board Recruitment.
  • NCLA looks forward to the en banc Fifth Circuit correcting these glaring errors very soon.
  • NCLA is delighted that the Fifth Circuit has voted to vacate the deeply flawed panel opinion and rehear the case.”

U.S. Supreme Court Agrees to Hear NCLA Case Against ATF’s Unilateral Bump-Stock Ban

Retrieved on: 
Friday, November 3, 2023
Sokolow et al v. Palestine Liberation Organization et al, Supreme court, ATF, United States Department of Commerce, Judge, Texas Court of Criminal Appeals, Social media, United States Court of Appeals for the Tenth Circuit, Bump stock, Department of Treasury, Bureau of Alcohol, Tobacco & Firearms v. Galioto, Solicitor, NCLA, Garland v. Gonzalez, Congress, Navy-Marine Corps Court of Criminal Appeals, Tobacco, Commerce, Court, Federation, Firearm, United States Court of Appeals for the District of Columbia Circuit, Bureau, Law of the United Kingdom, The Administrative State, Speech, United States Court of Appeals for the Sixth Circuit, The Final Rule, United States courts of appeals, Trump, United States Court of Appeals for the Fifth Circuit, Fifth, Army, Administration, En banc, Constitution, Same-sex marriage in the Sixth Circuit, Supreme, Cargill

Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.

Key Points: 
  • Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.
  • Garland v. Cargill will be NCLA’s fourth case argued before the U.S. Supreme Court in under 2 years.
  • As these cases show, we will fight all the way to the Supreme Court to protect civil liberties from federal agencies’ attacks.
  • We are confident the U.S. Supreme Court will right this wrong for Michael Cargill and all Americans.”

NCLA Petitions en Banc Sixth Circuit to Halt Government-Directed Social Media Censorship

Retrieved on: 
Tuesday, October 31, 2023
Supreme court, HHS, Social media, Government, White House, Same-sex marriage in the Sixth Circuit, NCLA, Human services, Constitutional right, Massachusetts v. United States Department of Health and Human Services, Senger, Speech, United States Court of Appeals for the Sixth Circuit, Complaint, First Amendment to the United States Constitution, United States courts of appeals, White, House, United States Court of Appeals for the Fifth Circuit, En banc, Hearing, The central science, COVID-19, First, Changizi

asking an en banc U.S. Court of Appeals for the Sixth Circuit, or the three-judge panel, to rehear the case and halt the government’s unconstitutional assault on free speech.

Key Points: 
  • asking an en banc U.S. Court of Appeals for the Sixth Circuit, or the three-judge panel, to rehear the case and halt the government’s unconstitutional assault on free speech.
  • Biden Administration officials, including some within the Department of Health and Human Services, have violated the First Amendment by directing social media companies to censor viewpoints that conflict with the government’s Covid-19 messaging.
  • The en banc Sixth Circuit should correct the panel’s error and allow the Changizi plaintiffs to continue their lawsuit seeking to put a stop to the government’s extensive social media censorship activities.
  • We urge the Sixth Circuit, sitting en banc, or the panel itself, to rehear the case and correct this error.”

Miami International Holdings Announces that MGEX has Filed a Petition for Rehearing Following Court's Decision to Vacate SEC's Exemptive Order Related to SPIKES Volatility Index Futures

Retrieved on: 
Thursday, September 14, 2023
Emerald, Uncertainty, Chicago, SPY, MIH, VIX, MGEX, BSX, Commission, En banc, Bermuda Stock Exchange, Petition, Order, Court, Growth, Minneapolis Grain Exchange, Ecosystem, Financial adviser, Cryptocurrency, Security (finance)

The Order permits the listing of SPIKES Futures as a futures contract on MGEX, which serves as the exclusive market for this contract.

Key Points: 
  • The Order permits the listing of SPIKES Futures as a futures contract on MGEX, which serves as the exclusive market for this contract.
  • If the petition is denied, then the new date for the vacatur is three months after the end of the month in which such denial is issued.
  • If the petition is granted, then the Order would remain in effect until the Court hears the matter again and/or issues a new opinion.
  • Accordingly, the earliest date on which SPIKES Futures will be required to cease trading on MGEX is January 1, 2024.

Miami International Holdings Announces that MGEX has Filed a Petition for Rehearing Following Court's Decision to Vacate SEC's Exemptive Order Related to SPIKES Volatility Index Futures

Retrieved on: 
Thursday, September 14, 2023
Emerald, Uncertainty, Chicago, SPY, MIH, VIX, MGEX, BSX, Commission, En banc, Bermuda Stock Exchange, Petition, Order, Court, Growth, Minneapolis Grain Exchange, Ecosystem, Financial adviser, Cryptocurrency, Security (finance)

The Order permits the listing of SPIKES Futures as a futures contract on MGEX, which serves as the exclusive market for this contract.

Key Points: 
  • The Order permits the listing of SPIKES Futures as a futures contract on MGEX, which serves as the exclusive market for this contract.
  • If the petition is denied, then the new date for the vacatur is three months after the end of the month in which such denial is issued.
  • If the petition is granted, then the Order would remain in effect until the Court hears the matter again and/or issues a new opinion.
  • Accordingly, the earliest date on which SPIKES Futures will be required to cease trading on MGEX is January 1, 2024.

NCLA Amicus Brief Calls on Fifth Circuit to End FCC’s Unlawful Control over Universal Service Fund

Retrieved on: 
Tuesday, August 8, 2023
Telecommunications, Federal Communications Commission, Universal Service Fund, FCC, The Administrative State, USF, United States courts of appeals, En banc, Congress, School, United States Court of Appeals for the Fifth Circuit, Fifth Circuit Four, Telecommunications Act, Telecommunications Act of 1996, NCLA, Court, Information services, Library, Internet service provider

This vague standard does not provide an adequate “intelligible principle” to limit FCC’s delegation of legislative power under the Constitution’s Vesting Clause.

Key Points: 
  • This vague standard does not provide an adequate “intelligible principle” to limit FCC’s delegation of legislative power under the Constitution’s Vesting Clause.
  • NCLA released the following statements:
    “The Constitution is clear when it says that the taxing and spending power is vested in Congress.
  • Here, Congress gave the FCC a blank check with no rules—abdicating its power to bureaucrats who are accountable to no one.
  • Such broad and vague delegations cut out Congress and leave the American public at the mercy of power-hungry agencies.”

NCLA Endorses Request for U.S. Supreme Court to Rule on ATF’s Unilateral Bump Stock Ban

Retrieved on: 
Thursday, June 8, 2023
Supreme, Army, Bump stock, Department of Treasury, Bureau of Alcohol, Tobacco & Firearms v. Galioto, Court of cassation, United States courts of appeals, Bureau, Tobacco, United States Court of Appeals for the District of Columbia Circuit, En banc, The Final Rule, High court, United States Court of Appeals for the Sixth Circuit, United States Court of Appeals for the Tenth Circuit, Government, Fifth, Navy-Marine Corps Court of Criminal Appeals, Congress, Solicitor General of Texas, Air Force Court of Criminal Appeals, ATF, United States Court of Appeals for the Fifth Circuit, Supreme court, Law of the United Kingdom, NCLA, Court, Same-sex marriage in the Sixth Circuit, Constitution, Firearm

That petition asks the Court to hear NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump stock ban.

Key Points: 
  • That petition asks the Court to hear NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump stock ban.
  • That rule reversed ATF’s long-standing recognition that bump stock-equipped firearms are not illegal machineguns.
  • NCLA urges the Supreme Court to resolve this issue and safeguard Americans’ rights against administrative agency power grabs.
  • We agree it is high time for the High Court to weigh in on the lawfulness of ATF’s bump stock ban and reassert Congress’s primacy.”

Former Ninth Circuit Judge Paul Watford Joins Wilson Sonsini as a Partner

Retrieved on: 
Tuesday, June 6, 2023
Legal, Professional Services, Supreme, Wilson Sonsini Goodrich & Rosati, University, Munger, Tolles & Olson, UCLA School of Law, Private law, Berkeley, United States Court of Appeals for the Ninth Circuit, En banc, Constitutional right, Supreme Court of the United States, Multimedia, Lawyer, Associate, Fourth Amendment, Supreme court, Pleasure, Environment, Tobacco, City, Law

View the full release here: https://www.businesswire.com/news/home/20230606005331/en/

Key Points: 
  • View the full release here: https://www.businesswire.com/news/home/20230606005331/en/
    Judge Watford, who was appointed to the Ninth Circuit by former President Barack Obama in 2012, resigned from the court on May 31, 2023.
  • In 2016, several news outlets mentioned Judge Watford among the top prospective nominees to the U.S. Supreme Court.
  • Judge Watford authored several prominent decisions during his time as a Ninth Circuit judge.
  • Judge Watford was a U.S Supreme Court law clerk for Associate Justice Ruth Bader Ginsburg, after previously clerking on the Ninth Circuit Court of Appeals.

In NCLA Amicus Win, en Banc Fifth Circuit Rules Against Biden’s Federal Employee Vaccine Mandate

Retrieved on: 
Monday, March 27, 2023
Medicine, Employment, Action Replay, Pendleton Civil Service Reform Act, Civil Service Reform Act of 1978, United States courts of appeals, Immunity, Government, District court, En banc, COVID-19, United States Court of Appeals for the Fifth Circuit, Supreme court, NCLA, Douglas v. U.S. District Court ex rel Talk America

, praise the decision of the en banc U.S. Court of Appeals for the Fifth Circuit to protect the fundamental rights of government workers to refuse unwanted medical treatment as a condition of their employment.

Key Points: 
  • , praise the decision of the en banc U.S. Court of Appeals for the Fifth Circuit to protect the fundamental rights of government workers to refuse unwanted medical treatment as a condition of their employment.
  • NCLA filed an amicus brief in this case asking the Fifth Circuit to reinstate a lower court decision that paused the Covid-19 vaccine mandate for federal workers that a split Fifth Circuit panel had vacated in April 2022.
  • NCLA commends the en banc Fifth Circuit’s decision to vindicate the Judiciary’s role in policing the boundary between the executive and legislative branches.
  • NCLA is happy for our clients in Rodden v. Fauci.”
    “The en banc Fifth Circuit recognized that the President is not a King, and that he cannot single-handedly, and absent any judicial review, deny millions of federal employees’ ability to direct their own healthcare decisions.”

Albertsons Companies, Inc. Reports Third Quarter Fiscal 2022 Results

Retrieved on: 
Tuesday, January 10, 2023
Food, Beverage, Supply Chain Management, Retail, Supermarket, Convenience Store, Special dividend, Tripura Merger Agreement, ACI, COVID, Net, En banc, EBITDA, COVID-19, Dynamex Operations West, Inc. v. Superior Court, Vaccination, NYSE, Vaccine, Growth, Acceleration, Life, Washington Supreme Court, Court, Plan, Superior court, Investment, Food, Video game, Pharmaceutical industry, Coal, Security (finance), Mergers and acquisitions, Kroger

Albertsons Companies, Inc. (NYSE: ACI) (the "Company") today reported results for the third quarter of fiscal 2022, which ended December 3, 2022.

Key Points: 
  • Albertsons Companies, Inc. (NYSE: ACI) (the "Company") today reported results for the third quarter of fiscal 2022, which ended December 3, 2022.
  • Net sales and other revenue was $18.2 billion during the 12 weeks ended December 3, 2022 ("third quarter of fiscal 2022") compared to $16.7 billion during the 12 weeks ended December 4, 2021 ("third quarter of fiscal 2021").
  • Gross margin rate decreased to 28.2% during the third quarter of fiscal 2022 compared to 28.9% during the third quarter of fiscal 2021.
  • Interest expense, net was $84.3 million during the third quarter of fiscal 2022 compared to $111.3 million during the third quarter of fiscal 2021.