JURIST

MAY 27, 2024

JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. This is the third in a series of dispatches he’s filed as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law. New London.

Government 197

Government Laws Court Construction 197

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.

Construction 114

Construction Government Legal Legal 114

JURIST

DECEMBER 26, 2022

Yael Iosilevich is a law student in the Buchmann Faculty of Law at Tel Aviv University and JURIST’s Staff Correspondent in Israel. . According to polls, many of Netanyahu’s voters are dissatisfied with said laws, and many Israelis are deeply concerned.

Government 104

Government Legal Legal Construction 104

LawSites

MARCH 18, 2024

the morning of a critical meeting at Harvard Law School, where I worked. Harvard professor Jonathan Zittrain and l were sitting down with Daniel Lewis and Nik Reed , the founders of a legal research startup named Ravel Law, along with lawyers from Harvard’s Office of General Counsel, Debevoise & Plimpton and Gundersen Dettmer.

Metadata 107

Metadata Court Decisions Contract Legal 107

Broadcast Law Blog

AUGUST 15, 2021

The FCC this week announced the close of Auction 109, which offered for sale construction permits for 139 new radio stations – 4 AM stations in the St. See our Broadcast Law Blog article here about the implications of the large number of unsold channels. FEMA/FCC Announcement ).

Court Decisions 122

Court Decisions Construction Government Court 122

NewmanFerraraLLP

NOVEMBER 2, 2022

The complaint alleged, in part, that “Amazon’s productivity requirements prevent employees from engaging in basic hygiene, sanitization and social distancing,” and that they were not paid the full amount of leave to which they were entitled under NY law. ”] SOURCE Palmer et al v. ”] SOURCE Palmer et al v.

Construction 52

Construction Court Decisions Litigation Litigating 52

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.

Court 108

Court Construction Litigation Litigating 108

Constitutional Law Reporter

MAY 14, 2024

Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” After petitioners sued Flowers and two of its subsidiaries for violating state and federal wage laws, Flowers moved to compel arbitration.

Contract 52

Contract Court Construction Constitutional Law 52

JURIST

JANUARY 17, 2022

Law students in Ukraine are reporting on the latest developments in that country as it faces a series of internal and external challenges. Here Anna Tymoshenko, a fourth-year law student at Kyiv-Mohyla Academy, reports from Kyiv. He delivered a speech to his supporters on a specially pre-constructed stage at the airport.

Construction 104

Construction Government Court Decisions Court 104

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.”

Construction 52

Construction Technology Drafting Court Decisions 52

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. This satisfies the law. Hyde , 242 U.S. 261 (1916). Minerals Separation , 242 U.S. at 270-271.

Construction 68

Construction Court Court Decisions Laws 68

Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

Immigration 52

Immigration Court Statute Construction 52

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. . Note here, the error of law is reviewed de novo).

Attorney 74

Attorney Construction Litigation Litigating 74

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 ).

Drafting 59

Drafting Construction Government Calendaring 59

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.

Tort 75

Tort Litigation Litigating Legal 75

Broadcast Law Blog

JUNE 6, 2021

As the Supreme Court decision cleared the way for the FCC to resume its review of its ownership rules, the FCC announced that it would open a new comment window to refresh the record established when it began a new Quadrennial Review of these rules in 2018. See the FCC’s order, here.

Construction 83

Construction Court Decisions Legal Legal 83

JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

Court Rules 37

Court Rules Contract Laws Court 37

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.

Court 52

Court Construction Constitutional Law Court Decisions 52

Paralegal Bootcamp

JULY 24, 2023

This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation. There is a very large gap in salaries when you look at BigLaw in big cities compared to small law firms in smaller regional markets.

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

Patently O

NOVEMBER 15, 2023

Professor Datzov is an Assistant Professor at the University of North Dakota School of Law. The Mayo/Alice framework used to determine patent eligibility has been a lightning rod for criticism since the Supreme Court’s decisions a decade ago. By Jason Rantanen and Nikola Datzov. What we found shocked us. affirmance rate.

Drafting 74

Drafting Court Laws Litigation 74

SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. However, if the statutory language is ambiguous, the court turns to step two. In 2020, the U.S.

Statute 94

Statute Construction Court Administrative Law 94

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.

Statute 101

Statute Legal Legal Court 101

Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. 5321(a)(5)(B)(ii)], it knew exactly how to do so.

Court 59

Court Statute Government Calendaring 59

Constitutional Law Reporter

JUNE 1, 2023

The Texas Court of Criminal Appeals affirmed Reed’s conviction and death sentence. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law. The state trial court denied Reed’s motion, reasoning in part that items Reed sought to test were not preserved through an adequate chain of custody.

Statute 52

Statute Litigation Litigating Cause of Action 52

SCOTUSBlog

MAY 20, 2022

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The court will hold the other case raising that question, Ham v. In Securities and Exchange Commission v.

Stare Decisis 119

Stare Decisis Court Lawyer Lawyers 119

SCOTUSBlog

APRIL 16, 2021

Consequently, when Alaska became a state in 1959 and when, soon thereafter, oil was discovered in Prudhoe Bay, federal law left open many questions — especially land ownership. Most importantly for Chehalis , ANCSA departed from long-standing models of federal Indian law that governed the lower 48 states.

Government 118

Government Contract Statute Education 118

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.

Court 49

Court Statute Construction Court Decisions 49

Patently O

NOVEMBER 9, 2021

To be clear, Judge Rich was not a fan of Benson , but he took the Court’s decision as law, albeit warty. Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Court decision. 101 by reason of its construction with software rather than hardware for its programming elements.

Court 74

Court Court Decisions Technology Depositions 74

ClimateChange-ClimateLaw

DECEMBER 21, 2022

The developer challenged the denial in court and won but, in the meantime, an Illinois court overturned that state’s approval of the line, again blocking development. Today, eight-years after the line was first proposed, construction still has not begun. How could this happen? or is not economically feasible.:

Construction 52

Construction Government Court Court Decisions 52

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.

Technology 45

Technology Litigation Litigating Construction 45

At the Lectern

SEPTEMBER 2, 2021

The Fourth District, Division Three, was divided about whether the employee’s complaint was a “disclosure” to a private employer of a violation of law. ” The court also granted review in Los Angeles Unified School District v. .” unless prohibited by another law.” State of California.

Court 40

Court Punitive Damages Statute Immigration 40

ClimateChange-ClimateLaw

JULY 2, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.

Court 45

Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

MAY 7, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. DECISIONS AND SETTLEMENTS. Parties Voluntarily Dismissed Appeals of Federal Court Decision Requiring More Climate Change Analysis for Wyoming Oil and Gas Leases.

Court 40

Court Government Construction Litigation 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. The federal district court for the Western District of Washington vacated U.S.

Court 55

Court Government Litigation Litigating 55

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. She also was persuaded that Congress had ratified the lower appellate court decisions holding that there was a narrower scope of review. and non-U.S.

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

APRIL 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 3d 849 (9th Cir.

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Court Statute Litigation Litigating 114