SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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Patently O

APRIL 3, 2023

The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute. In my view, this result better aligns with both tradition and the reading of the statute.

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Patently O

DECEMBER 7, 2023

Arguing for the accused infringers, David Abramowitz (Locke Lord) explained at oral arguments: “There is no statute or case law that a substantial amount of infringing use can’t be covered by some other patent. The statute’s patent specific.”

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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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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. This week’s installment will be brief, because there’s only one newly relisted case: Dubin v. United States. Think McDonnell v. United States (involving the prosecution of the former Virginia governor), Kelly v.

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SCOTUSBlog

DECEMBER 10, 2020

At argument, the justices principally appeared frustrated by the statute, if for different reasons. He argued that usual rules of grammar and statutory construction require the phrase “using a random or sequential number generator” to apply to both verbs, “store” and “produce.”

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Day on Torts

MARCH 28, 2022

In its analysis, the Court of Appeals first looked at whether plaintiff had shown that defendant had actual or constructive notice of the trough at issue in this case. The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03

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Day on Torts

AUGUST 9, 2021

The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. Code Ann. § 47-3-118(g). “In

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SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Hetronic International, Inc. involves the international reach of the Lanham Act, which provides civil remedies for infringement of U.S. trademarks. 14 and Oct. 28 conferences).

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Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

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SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. However, VUMC’s actual or constructive knowledge is not our concern. Plaintiff thereafter filed this HCLA suit. Notice to the wrong person or entity is ineffective. …[B]ecause

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At the Lectern

MARCH 16, 2023

Specifically, the issue is whether a court, when resentencing for the felony underlying the vacated felony-murder conviction, can include an enhancement related to the underlying felony. ” The Supreme Court denied the defendant’s petition for review in Howard. Rules of Court, rule 8.528(d); In re Benoit (1973) 10 Cal.3d

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SAV Paralegal Services

OCTOBER 11, 2021

Fortunately, any term that is found in contravention of Canadian statutes and laws is found unenforceable and nullified. The Court ruled that termination clauses in a contract must be read as a whole instead on an individual item to item basis. Furthermore, a recent legal development in the case of Waksdale v.

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SCOTUSBlog

JUNE 24, 2023

By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. The role of the court, he began, was not to craft a new federal obstruction of justice offense, “but rather to determine which state or federal offenses ‘relate to obstruction of justice.’” Such “redundancies are common in statutory drafting,” Kavanaugh wrote.

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SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Natural Resources Defense Council, Inc. Natural Resources Defense Council, Inc. Juno Therapeutics, Inc. Kite Pharma, Inc. 28 conference).

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 47 U.S.C. §

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JonathanTurley

OCTOBER 10, 2022

Since the road leads to the hazard, one could argue that there should have been barriers constructed or action taken to warn drivers of the hazard down the road. The court ruled for Google: “I conclude that it does not require the imposition of a duty.

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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. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Zepeda , No.

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JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. Section 50-5-85.” Judge Cohen also found the language to be unconstitutionally vague under the Fourteenth Amendment: Here, O.C.G.A. § O.C.G.A. §

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.

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Day on Torts

SEPTEMBER 1, 2021

This ruling was affirmed by the Court of Appeals. Plaintiff argued in this appeal that despite failing to meet this 90-day time limitation, her filing with the Claims Commission was not time-barred because it fell within the one-year statute of limitations for personal injury claims found in Tenn. Code Ann. § Code Ann. §

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SCOTUSBlog

JULY 27, 2023

Court of Appeals for the 4th Circuit that had put construction in the Jefferson National Forest, in southern Virginia, on hold while challenges from environmental groups to the construction continue. Court of Appeals for the District of Columbia Circuit. Mountain Valley Pipeline came to the Supreme Court on July 14.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The case was argued before the High Court on January 22, 2019. Sacchi et al. Argentina et al. (UN

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JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Donnie Cochenour Jr.,

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SCOTUSBlog

JANUARY 11, 2023

Groff sued USPS in federal court under Title VII for refusing to accommodate his religious beliefs and practices. The trial court ruled for the Postal Service under Hardison , and the U.S. A jury awarded Younger $700,000 in damages. relisted after the Jan. 6 conference). Yegiazaryan v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

After Denying Motions to Stop Construction Activities in National Petroleum Reserve, Alaska Federal Court Enjoined Certain Work for Two Weeks. On February 6, the court issued an injunction on certain construction activities through February 20 or until the Ninth Circuit rules on any motions for injunction pending appeal.

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JonathanTurley

OCTOBER 8, 2022

Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional. The Delaware Supreme Court ruled on Friday that a state law enacting universal mail-in voting violated the state’s constitution. The legislature decided to simply ignore the constitutional provision.

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ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the Southern District of California rejected challenges to waivers of environmental laws granted by the Department of Homeland Security (DHS) for certain types of border wall construction projects in San Diego County. New York City’s response to the 12(b)(1) and 12(b)(6) issues is due on March 30.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 18, 2021).

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes.

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ClimateChange-ClimateLaw

MARCH 9, 2021

With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Chevron Corp.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”

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SCOTUSBlog

OCTOBER 4, 2021

Intratek Computer , the government will weigh in on the effect of a federal whistleblower statute on an arbitration agreement between an employer and its employee. A three-judge district court ruled that D.C. In Robertson v. Personalweb Technologies v. The justices sent Biden v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

If the renewal license was an order, the First Circuit asked the state court to address whether the CCA expressly preempted the ordinance challenged in this case. Briefing on that motion is scheduled to be completed on February 18, and the developer indicated it would not begin pre-construction activities before February 24.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court granted the company leave to amend its complaint with 21 days. Resolute Forest Products, Inc. Greenpeace International , No. 3:17 -cv-02824 (N.D.

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