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Wednesday, March 08, 2023 3:59:05 PM
This is a professional legal evaluation?
The reasons cited are, in fact, the reason the ALJ rejected the DOE recommendation. If a company chooses to fight, the DOE copy and paste recommendation is the same case after the case. The law judge reviews the same information from prior cases, sees concurrent results, and copy/paste the ALJ response to the decision.
For whatever reason, this ALJ reviewed the DBMM circumstances and sided with them.
Just because something has been done prior does not mean it was done correctly. I really don't have a strong opinion either way about this decision. DBMM didn't follow some rules. That is fact. They have an excuse to as why. Is it a good excuse? My opinion doesn't matter. Obviously, the ALJ thought it was.
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