ClimateChange-ClimateLaw

APRIL 18, 2023

The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings.

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ClimateChange-ClimateLaw

JUNE 26, 2023

Japan ) Two weeks later, a civil complaint involving the same facts received a first-instance judgment rejecting the request for an injunction to block the construction and operation of coal-fired power plants. and requested an injunction to block the construction and subsequent operation of two coal-fired power plants.

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Court Construction Litigation Litigating 106

SquirePattonBoggs

MAY 15, 2023

State courts have long been divided on whether Nollan is limited to the discretionary decisions of zoning administrators, or whether it also applies to municipal legislation like Nashville’s rule. The ordinance lacks the “nexus” and “rough proportionality” between the imposed condition and the social costs of the new construction.

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NewmanFerraraLLP

NOVEMBER 2, 2022

On appeal, in a decision dated October 18, 2022, the Second Circuit concurred with the bulk of the lower court’s analysis but, in the absence of a statutory bar, reinstated that part of the case which sought injunctive relief. [It Amazon.com Inc et al, District Court Decision and Order Second Circuit Opinion on Appeal.

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JURIST

AUGUST 4, 2023

Given that assets may be located abroad, the Law provides for mechanisms of international legal cooperation to ensure the enforcement of court decisions, information exchange and other legal interaction. Funds from the Special State Fund will be used to finance social and economic projects.

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NewmanFerraraLLP

OCTOBER 23, 2022

.” After a federal discrimination lawsuit was filed, a district court judge didn’t think the Watters had much of a case. But, on appeal, the Seventh Circuit disagreed, noting that this kind of alleged conduct could be enough to establish an attempted “constructive eviction.”

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Broadcast Law Blog

OCTOBER 9, 2022

FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ).

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JURIST

JANUARY 17, 2022

He delivered a speech to his supporters on a specially pre-constructed stage at the airport. Another group of supporters had already gathered near the Kyiv Pechersk District Court, which is well-known for judges who, through their decisions, have helped participants in high-profile criminal investigations avoid responsibility.

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Construction Government Court Decisions Court 104

Patently O

MAY 23, 2023

The Proceedings: The district court issued its claim construction back in 2016, but rather than quickly granting summary judgment of non-infringement, it stayed the case pending outcome of parallel inter partes reviews challenging the patents’ validity. . The two-flowpath requirement was a problem for the patentee.

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Patently O

NOVEMBER 13, 2022

Sanofi cite to the 1916 Supreme Court decision in Minerals Separation v. In Amgen , the Supreme Court is tasked with reconsidering the law of enablement, and so it is this final issue that is most relevant. by Dennis Crouch. Almost all the briefs filed in Amgen v. Hyde , 242 U.S. 261 (1916).

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Construction Court Court Decisions Laws 69

The Crime Report

APRIL 28, 2023

In response, prison officials constructed three fenced exercise yards—one for each tier—that allowed inmates to exercise each day for one hour and allowed them to spend an additional hour on the tier outside of their cells for showering. They did not have outdoor exercise facilities like the ones constructed for death row inmates.

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Broadcast Law Blog

MAY 2, 2021

The application window is now open for parties interested in participating in the FCC’s upcoming auction of construction permits authorizing the construction of 136 new FM stations and 4 AMs (Auction 109). The application window will close on May 11 at 6:00 p.m. Eastern Time. ( FCC Auction 109 Page ).

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Broadcast Law Blog

NOVEMBER 12, 2010

In a Court decision in 2008, the US Court of Appeals determined that the FCC had not adequately assessed its obligations under NEPA with respect to the impact of communications towers on birds after there were claims that towers killed millions of birds each year. After the Court decision, American Bird Conservancy v.

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Construction Court Court Decisions 58

Constitutional Law Reporter

SEPTEMBER 8, 2023

Justice Jackson argued that the majority abandoned traditional tools of statutory construction to reach its result. “It Justice Ketanji Brown Jackson authored a dissent, which was joined by Justice Sonia Sotomayor.

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Constitutional Law Reporter

AUGUST 9, 2023

The Court further advised that courts must apply the test to take into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.

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Court Construction Constitutional Law Court Decisions 52

Patently O

SEPTEMBER 21, 2022

. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw , and Intuitive Surgical , and whether that interpretation remains correct after SAS Institute, Inc. In my reading, the most straightforward construction sides with the Federal Circuit in this situation.

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Patently O

FEBRUARY 24, 2022

Although the doctrine derives its name from a 1907 Supreme Court decision, the doctrine in the form know it today was created by the Federal Circuit in its 2014 Brain Life decision and then expanded later in SpeedTrack (Fed. 2015) and again in PersonalWeb Techs.

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Constitutional Law Reporter

APRIL 4, 2023

The government’s interpretation defies this traditional rule of statutory construction. He wrote: When Congress includes particular language in one section of a statute but omits it from a neighbor, we normally understand that difference in language to convey a difference in meaning (expressio unius est exclusio alterius.

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Constitutional Law Reporter

JUNE 1, 2023

And if the state appellate court construes the DNA testing statute, that construction will streamline and focus subsequent §1983 proceedings.” “If any due process flaws lurk in the DNA testing law, the state appellate process may cure those flaws, thereby rendering a federal §1983 suit unnecessary,” he wrote.

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At the Lectern

JANUARY 28, 2021

Hernandez , which concerns the circumstances under which the prosecution may withdraw from — or a superior court may withdraw its approval of — a plea agreement when new legislation leads to the striking of a sentence enhancement. Last year’s Supreme Court decision in People v.

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SCOTUSBlog

JUNE 17, 2022

The opinion also cursorily notes that the “statutory structure” suggests a narrow construction of covered errors because the provision creates an exception to the norm of finality for veterans benefits decisions.

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Patently O

NOVEMBER 9, 2021

Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Court decision. After losing before the CCPA, the government then petitioned for Supreme Court review in the name of Marshall Dann, who was President Nixon’s Commissioner of Patents. Rather, the court found the claims obvious.

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Court Court Decisions Technology Depositions 75

Paralegal Bootcamp

JULY 24, 2023

Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on. Attention to detail is very important for litigation paralegals. Being a proficient legal researcher makes you an invaluable asset to your team.

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Patently O

NOVEMBER 15, 2023

Figure 1 Figure 1 shows that the Federal Circuit believes district courts and the PTO are getting the right result in a very high percentage of cases. This is especially notable given that 98.2% In fact, this may be the highest affirmance rate of any significant patent law issue tracked over a significant period of time.

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Drafting Court Laws Litigation 75

SCOTUSBlog

APRIL 16, 2021

They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA.

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Government Contract Statute Education 121

FDA Law Blog

AUGUST 9, 2021

FDA claimed that Congress afforded FDA the discretion to regulate devices as drugs based an overlap in the statutory definitions of “drug” and “device” and chose to do so in the case of contrast agents in response to a 1997 court decision and related Citizen Petition.

Statute 52

Statute Litigation Litigating Construction 52

At the Lectern

SEPTEMBER 2, 2021

” The court also granted review in Los Angeles Unified School District v. The appeal had been remanded to the Fifth District for reconsideration in light of last year’s Supreme Court decision in United Auburn Indian Community of Auburn Rancheria v. Newsom (2020) 10 Cal.5th

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Patently O

JULY 24, 2023

by Dennis Crouch The Federal Circuit recently affirmed a district court decision in United Therapeutics Corp. providing guidance on enablement, written description, and claim construction for method claims. And on this record, with the district court’s claim construction, the claims are adequately enabled.”

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Construction Technology Drafting Court Decisions 52

Broadcast Law Blog

DECEMBER 7, 2015

The Court also looked at certain judicial rules of construction in deciding how to read the language about “wires, cables, microwave, or other communications channels.” Ivi , a prior case that determined that online video providers could not rely on the statutory Section 111 license to retransmit television programming.

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JURIST

JANUARY 5, 2023

The Hong Kong Final Court of Appeal Wednesday heard submissions by two transgender men appealing a January 2022 High Court decision , which upheld a government policy requiring transgender persons to undergo genital reconstruction surgery before changing the sex on their identity cards.

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Court Construction Court Decisions Government 104

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Vacated Permits for Methanol Refinery and Export Terminal, Citing Failure to Consider Indirect Cumulative Greenhouse Gas Impacts. The federal district court for the Western District of Washington vacated U.S. Environmental Groups Challenged Authorization for New Natural Gas Plant in Oregon.

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Court Government Litigation Litigating 54

SCOTUSBlog

NOVEMBER 29, 2021

However, if the statutory language is ambiguous, the court turns to step two. Under this step, a court will accept the agency’s interpretation if it is based on a permissible construction of the statute. Court of Appeals for the 9th Circuit, in Empire Health Foundation v. The issue: Medicare payment for hospitals.

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Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law.

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Patently O

DECEMBER 11, 2023

For example, would it be proper for a court to assume that the second patent would be infringed by an alleged “substantial noninfringing use” without allowing the alleged infringer an opportunity to challenge the validity of the second patent and participate in a formal construction of the relevant claims? Kelley Co. , 3d 1538 (Fed.

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SCOTUSBlog

MAY 20, 2022

The court will hold the other case raising that question, Ham v. Breckon , pending the outcome in Jones.

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ClimateChange-ClimateLaw

JULY 6, 2017

The court held that NJDEP had acted within its authority when it acquired property interests to construct a dune and berm system along Long Beach Island and along 14 miles of coastline in northern Ocean County after Superstorm Sandy. State of New Jersey v North Beach 1003, LLC , Nos. CLIMATE LITIGATION CHART.

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Climate Litigation Chart (Update #92): FEATURED CASE. Alaska Oil & Gas Association v.

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