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The Fourth Circuit found that the ALJ's decision to award benefits was not supported by substantial evidence. Subsequently, Consolidation Coal Company brought an appeal in the Fourth Circuit, petitioning for a review of the ALJ's order. In 2004, following proceedings before the ALJ and the Benefits Review Board, Latusek was again awarded benefits. On remand, the ALJ awarded benefits and the Benefits Review Board affirmed. Before the present ruling, Latusek's case reached the Fourth Circuit twice. The court found that in support of his modification request, Latusek submitted new evidence to bolster previous evidence that proved the coalmine was the reason for his disease. The parties agreed Latusek had a total disability due to IPF, but disagreed whether his IPF arose out of his employment at Consolidation Coal. The Fourth Circuit reviewed the 2011 modification request for abuse of discretion.In holding that the ordinance, as applied, violated the GBCFPC's First Amendment rights, the court differentiated its holding from that of Nat'l Inst. Extended Summary: The plaintiffs (Kraft Foods Global, Inc., Kellogg Company, General Mills, Inc., and Nestle USA, Inc.) filed this antitrust litigation against the defendants, who were the direct suppliers of egg products to the plaintiffs.The suit alleges that the defendants conspired to reduce the number of egg-laying hens available.
In support of this finding, the court reviewed with the ALJ's granting of a modification request for abuse of discretion. The court deferred to the ALJ's evaluation of conflicting medical opinion. Michael De Wine, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF OHIO, Columbus, Ohio, for Amicus State of Ohio. By resigning, former-Judge Kozinski placed himself outside the parameters of the Act, which only applies to individuals who currently exercise the powers of the office of federal judge. The Benefits Review Board affirmed in part, vacated in part, and remanded for further consideration. In 2011, the ALJ granted Latusek's modification petition and awarded benefits.In applying heightened scrutiny, the court held the ordinance was over-inclusive even though it was motivated by "plainly important" interests in "address[ing] allegedly deceptive advertising and [preventing] health risks that can accompany delays in seeking to end a pregnancy." Extended Summary: In 2009, Baltimore City enacted an ordinance requiring "any 'limited-service pregnancy center' to post a disclaimer in its waiting room notifying clients that it 'does not provide or make referral for abortion or birth-control services.'" The ordinance defined a "limited-service pregnancy center" as any entity that provided pregnancy-related services, but did not provide information or services related to abortions. §1983 against the City of Baltimore for violation of the Free Speech Clause of the First Amendment. Professional speech is most commonly found in connection with occupations and entities that are subject to comprehensive state licensing, accreditation, or disciplinary schemes. David William Kinkopf, GALLAGHER EVELIUS & JONES LLP, Baltimore, Maryland, for Appellee. Metzger, Anatoly Smolkin, GALLAGHER EVELIUS & JONES LLP, Baltimore, Maryland; Mark L. Area of Law: Antitrust Law, Clayton Act Issue(s) Presented: Whether §4 of the Clayton Act allows plaintiffs to sue for treble damages when the alleged damages include contributions from non-conspiring parties.The Greater Baltimore Center for Pregnancy Concerns (GBCFPC) is a non-profit Christian organization that provides non-abortion related pregnancy services. First, the Fourth Circuit identified the type of speech that the ordinance was aiming to regulate. Mayor & City Council of Baltimore, 721 F.3d 264 (4th Cir. In Maryland, pregnancy centers are not subject to licensure or state regulatory schemes. In this regard, the court found that the City's interests in addressing allegedly deceptive advertising and preventing health risks that accompany delays in seeking to end a pregnancy were "plainly important." However, the court further found there was little to no evidence to support the contention that any deception or harm had actually occurred. Rienzi, THE BECKET FUND FOR RELIGIOUS LIBERTY, Washington, D. Brief Summary: Plaintiffs represented direct purchasers of egg products from defendant suppliers. §15(a), to sue defendants for price-fixing scheme that resulted in overcharging for egg products.