Monday, May 20, 2013

Supreme Court Cases- FCC Cell Phone Towers/ Vaccine lawyer fees


“Wireless telecommunications networks require towers and antennas; proposed sites for those towers and antennas must be approved by local zoning authorities. In the Telecommunications Act of 1996, Congress “impose[d] specific limitations on the traditional authority of state and local governments to regulate the location, construc­tion, and modification of such facilities,” Rancho Palos Verdes v. Abrams, 544 U. S. 113, 115 (2005), and incorpo­rated those limitations into the Communications Act of 1934, see 110 Stat. 56, 151. Section 201(b) of that Actem powers the Federal Communications Commission to “prescribe such rules and regulations as may be necessary in the public interest to carry out [its] provisions.”
“The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act) established a no-fault compensation system to stabilize the vaccine market and expedite compensation to injured parties. Bruesewitz v. Wyeth LLC, 562 U. S. ___, ___–___. Under the Act, “[a] proceeding for compensation” is “initiated” by “service upon the Secretary” of Health and Human Services and “the filing of a petition containing” specified documentation with the clerk of the Court of Federal Claims, who then “immediately” forwards the petition for assignment to a special master. 42 U. S. C. §300aa–11(a)(1).”

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