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Administrative opinion

Administrative: Controlled Substances Act-Civil Action-Failure to Maintain Accurate Records

The government filed a civil action under the Controlled Substances Act against defendants for failure to maintain accurate records. Defendants appealed the adverse grant of summary judgment, the jury verdict of liability and the calculation of civil penalties. Where the ...

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Administrative: Trademark Infringement-Incontestability Determination

Plaintiff filed a trademark-infringement suit after obtaining incontestability status for its mark that carried a presumption of secondary meaning, which a prior jury rejected. Defendant filed counterclaims alleging plaintiff obtained incontestability status through fraud. The district court entered judgment for ...

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Administrative: Social Security Disability Benefits-Residual Functional Capacity-Failure to Address Treating Physician’s Testimony

Plaintiff appealed an administrative law judge’s decision denying plaintiff’s application for Social Security disability benefits. The ALJ concluded plaintiff had a residual functional capacity for sedentary work with some physical restrictions, based on the testimony of several non-treating physicians who ...

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Administrative Law: Disability Insurance-Residual Functional Capacity-Sufficiency of Evidence

Petitioner appealed from the order of the district court affirming the denial of defendant’s application for disability insurance and supplemental security income. Where the administrative law judge’s conclusion regarding petitioner’s residual functional capacity was supported by substantial evidence after ALJ ...

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