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" ... Its first argument is that “class plaintiffs could not plead a cognizable property interest because they purchased their shares with knowledge that Fannie Mae and Freddie Mac could be placed into conservatorships.” The extraordinary contention proves too much. First, there are many individuals who have acquired their shares in Fannie and Freddie prior to the 2008 SPSPA, and have held them continuously thereafter. This argument cannot apply to them. Nor should it be applied to any persons who purchased these shares at some later time, for if there claims are denied, then it is possible to maintain an orderly market in any shares of any company because there is always the knowledge that the firm “could be place into conservatorships” at some future time. ... "
" ... Manne: Oh, it’s self-evidently true that consumers benefit. But before we even get there, we have to start where Hal is trying to get us—is there even any prima facie case that would be cognizable under the antitrust laws — let alone one that could overcome procompetitive benefits? That’s how antitrust works: the initial burden is on the plaintiff to make out the prima facie case. ... "
" ... The bill “lacks any cognizable justification for these burdensome effects” the restrictions will have on voters, the lawsuit argues, noting that while legislators say the bill is to restore voters’ faith in the state’s “election integrity,” officials from both parties have previously praised the state’s existing election security measures. ... "
" ... The district court decided in 2015 that Franz failed to state a cognizable claim for mislabeling, and that FDA had primary jurisdiction over whether the lotion was a drug or a cosmetic. Soon after, Franz filed a Citizen Petition with FDA asking it to warn Beiersdorf that it was marketing an unapproved drug. FDA denied the petition. ... "
" ... The government could do that by grouping multiple withdrawals that together exceeded $10,000 into a single count, but sub-$10,000 withdrawals did not, standing on their own, constitute a cognizable charge. ... "