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" ... "[W]e stated in Avrahami that independent risk exposure is the key. But this is called the law of large numbers—not small numbers or some numbers. Our caselaw demonstrates how very large these numbers must be. In Harper Group, the captive insured 7,500 customers covering more than 30,000 different shipments and 6,722 special cargo policies. This meant more than 260,000 air shipments; 18,000 air flights; and 40,000 shipments on more than 3,000 ocean voyages were covered. In Rent-A-Center, the captive insured three types of risks—workers’ compensation, automobile, and general liability. It insured 14,000 employees; 7,000 vehicles; and 2,600 stores. And in R.V.I. Guaranty, the insurance company insured one type of risk, the residual value of assets. But even there, the insurance company issued 951 policies covering 714 different insured parties with more than 754,000 passenger vehicles; more than 2,000 individual real-estate properties; and more than 1.3 million commercial-equipment assets." [Citations omitted, emphasis in original] ... "
" ... Dictionaries, the Code, and caselaw all show that “consists of” can introduce either an exhaustive list or a nonexhaustive list.20 A nonexhaustive list is the only option that doesn't render section 280E ineffective and absurd. We therefore read section 280E to deny business-expense deductions to any trade or business that involves trafficking in controlled substances, even if that trade or business also engages in other activities. ... "
" ... Specific to Section 911, an individual’s tax home cannot be treated as being located in a foreign country for any period during which the taxpayer’s “abode” is within the U.S. A taxpayer’s “abode,” in turn, is not defined in either the Code or regulations. The caselaw does, however, provide some clarity. ... "
" ... With no controlling caselaw in the Second Circuit, the court looked to out-of-circuit cases which, surprisingly, reflected a split of authority. Even the Food Court (the Northern District of California) has issued dueling decisions on the issue. Here, Judge Amon sided with the courts that found preemption if a plaintiff failed to show at the pleading stage that it followed FDA testing procedure. Non-compliant tests, she reasoned, could lead to regulatory controls in conflict with federal law. ... "
" ... “Before the Court may grant them such relief, however, binding caselaw requires that the Tribes make an evidentiary showing far beyond anything the Corps needs to itself shut down DAPL,” Boasberg wrote. “As previously mentioned, they must demonstrate a likelihood of irreparable injury from the action they seek to enjoin — to wit, the pipeline’s operation. For the reasons articulated in this Opinion, Plaintiffs have not cleared that daunting hurdle.” ... "