Patently O

MAY 23, 2022

Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law. Prior to the mid-1990s, patent litigation took place in district court silos. They saw advantages to trying patent cases to juries.

Case Management 67

Case Management Litigation Litigating Drafting 67

ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 657), the “tailored approach” (para.

Litigation 57

Litigation Litigating Court Laws 57

JURIST

JANUARY 18, 2021

It is typically conducted by the Bar Council twice a year to test the candidates’ knowledge on various substantive and procedural la w such as constitutional law, administrative law, the Indian Penal Code, criminal and civil procedure, evidence, public interest litigation, and professional ethics.

Bar Exam 118

Bar Exam Court Administrative Law Constitutional Law 118

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

Stare Decisis 77

Stare Decisis Administrative Law Statute Government 77

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

Legal 69

Legal Legal Diligence Technology 69

SCOTUSBlog

APRIL 2, 2022

New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. However, the U.S.

Government 89

Government Statute Cause of Action Litigation 89

SCOTUSBlog

JULY 30, 2021

They ask the justices for their review to establish exactly what showing of inadequacy a proposed intervenor must make to intervene on the same side as a government litigant. Victim Rights Law Center. Thus, the advocacy groups seek to intervene to ensure that their constitutional defenses and interests are represented.

Government 111

Government Education Litigation Litigating 111

Constitutional Law Reporter

JUNE 4, 2021

Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

Statute 52

Statute Administrative Law Entertainment Court 52

SCOTUSBlog

DECEMBER 26, 2023

United States is permissible only when a pending state court case will necessarily resolve the federal proceedings however it is decided, or whether a stay is permissible when one of the potential outcomes in state court can completely resolve the case, even if a second potential outcome would leave further issues for federal litigation.

Legal 95

Legal Legal Attorney Lawyer 95

SCOTUSBlog

NOVEMBER 8, 2022

In both cases, the plaintiff contended that the agency proceedings are so biased that they offend the due process clause and also that the processes for appointing the ALJs (administrative law judges) that eventually would hear any proceedings violate the Constitution’s appointments clause.

Statute 142

Statute Government Court Litigation 142

Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

Diligence 99

Diligence Government Administrative Law Litigation 99

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The Supreme Court heard oral arguments in five cases last week. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. COVID-19Impact).

Lawyer 56

Lawyer Lawyers Administrative Law Laws 56

SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 108

Statute Court Entertainment Administrative Law 108

Broadcast Law Blog

MARCH 7, 2023

Last week, broadcasters and broadcast journalists were abuzz with discussions of the FCC’s Media Bureau issuing a hearing designation order referring to an Administrative Law Judge questions about the proposed acquisition of the TEGNA broadcast stations by Standard General Broadcasting.

Administrative Law 52

Administrative Law Court Reporting Court Reporter Contract 52

LawTechnologyToday

JUNE 21, 2021

Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. But it would be naive to think these issues will halt their progress. About the Author.

Laws 140

Laws Contract Legal Legal 140

FDA Law Blog

APRIL 26, 2021

Koblitz — So-called “Pay-for-Delay” settlements, also called Reverse Payment, settlements—in which an innovator sponsor pays a generic sponsor to settle ongoing patent infringement litigation in exchange for a delay in generic market entry—have been fodder for antitrust concerns for decades (see, for example, our coverage from 2013 ).

Litigation 40

Litigation Litigating Court Administrative Law 40

FDA Law Blog

APRIL 26, 2021

So-called “Pay-for-Delay” settlements, also called Reverse Payment, settlements—in which an innovator sponsor pays a generic sponsor to settle ongoing patent infringement litigation in exchange for a delay in generic market entry—have been fodder for antitrust concerns for decades (see, for example, our coverage from 2013 ).

Litigation 40

Litigation Litigating Court Administrative Law 40

Conflict of Laws

MARCH 1, 2023

In order to limit the forum shopping potential of the present rules on jurisdiction and applicable law in defamation cases, an intervention by the EU legislature should be envisaged. Litigation in matters of corporate accountability is, distinctively, strategic in nature.

Contract 52

Contract Litigation Litigating Court 52

Broadcast Law Blog

MARCH 27, 2022

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. Continuing to play GMR music without a license risks a copyright infringement action and significant liability.

Felony 88

Felony Construction Administrative Law Government 88

FDA Law Blog

AUGUST 29, 2021

As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The second, and arguably more significant, policy prohibited its lawyers from civilly prosecuting companies for violating “requirements” set forth in agency guidance documents.

Attorney 52

Attorney Government Lawyer Lawyers 52

The Fashion Law

DECEMBER 9, 2021

Unlike district court litigation, which can take several years to reach a trial date, a case filed before the ITC can proceed to an evidentiary hearing before an administrative law judge in eight to nine months.”.

Technology 67

Technology Manufacturing Administrative Law Court 67

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

In April 2023, the Council of State, the highest court on administrative law matters, affirmed the decision. Despite a strong climate change legal framework, the lack of implementation of statutes and case law is a prevalent and persistent issue in Colombia. In February 2023, the Tribunal of Cundinamarca decided the case.

Legal 73

Legal Legal Laws Government 73

JonathanTurley

DECEMBER 8, 2022

In the course of the litigation, Abdelhady asked the court to ignore her election (and receipt) of workers’ compensation benefits and find that the WCA does not apply after all. Abdelhady had a drawn out litigation under WCA to force payments from the university.

Laws 31

Laws Tort Court Litigation 31

Patently O

OCTOBER 18, 2023

The Section 15 declaration falsely stated no proceedings involving the DANTANNA’S mark were pending, when in fact the cancellation proceeding and related litigation were still ongoing. The philosophical divide between textual fidelity and policy concerns is a recurring tension in administrative law.

Statute 64

Statute Attorney Sports Court 64

SCOTUSBlog

JANUARY 6, 2023

As part of the ongoing litigation, the Guard claims that it has no authority under federal law to remedy this violation). The union filed another unfair-labor-practice charge with the FLRA in April 2017. The charge essentially alleged that the Guard was communicating the futility of union membership under the circumstances.

Statute 83

Statute Government Administrative Assistant Laws 83

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him. T]hat’s the issue. That’s the result. The Seventh Amendment is no bar.”

Administrative Law 129

Administrative Law Litigation Litigating Laws 129

Broadcast Law Blog

JULY 21, 2022

According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years. A new Chief Copyright Royalty Judge of the Copyright Royalty Board has just been named by the Librarian of Congress.

Sports 92

Sports Administrative Law Laws Court 92

ClimateChange-ClimateLaw

JANUARY 22, 2024

In 2020, the PUC Administrative Law Judge (ALJ) denied Transource’s permit application on the basis that the project would increase wholesale rates in Pennsylvania and therefore failed to serve a public need under Pennsylvania law, despite providing benefits elsewhere within PJM’s territory.

Court 73

Court Construction Laws Government 73

SCOTUSBlog

JANUARY 14, 2023

Courts already have an affirmative obligation to test their subject-matter jurisdiction (their authority to hear parties’ claims) at all stages of litigation. Moreover, the government argues that the INA’s administrative-review scheme and implementing regulations require presentation of specific issues to the BIA for exhaustion.

Immigration 75

Immigration Court Government Statute 75

Law 360

JULY 18, 2022

Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

Administrative Law 75

Administrative Law Court Court Decisions Litigation 75

Broadcast Law Blog

JULY 17, 2018

The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. As in any civil litigation, these cases can be lengthy, with discovery and other procedural wrangling taking months to play out.

Court Reporting 40

Court Reporting Court Reporter Depositions Administrative Law 40

LegalReader

DECEMBER 25, 2020

Pennsylvania parkway project will unjustly affect Black residents, NAACP contends in new lawsuit.

Administrative Law 105

Administrative Law Construction Litigation Litigating 105

SCOTUSBlog

JANUARY 20, 2022

” After Axon Enterprise acquired a competitor, it found itself subjected to antitrust review by the Federal Trade Commission. The company faced a series of demands from the FTC it viewed as unreasonable. rescheduled before the Nov. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference).

Court 99

Court Statute Education Administrative Law 99

Conflict of Laws

JULY 11, 2021

If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages.

Laws 76

Laws Litigation Litigating Court 76

SCOTUSBlog

MAY 16, 2022

Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The justices also granted review in Jones v.

Court 80

Court Administrative Law Criminal Law Government 80

Broadcast Law Blog

APRIL 27, 2023

The FCC Administrative Law Judge, who is overseeing the hearing ordered by the Media Bureau on certain alleged factual issues that the Bureau has identified with the proposed acquisition, recently put the proceeding on hold so that the parties do not need to spend more money litigating if the deal will not happen.

Administrative Law 85

Administrative Law Finance Litigation Litigating 85