Mondaq

MAY 26, 2022

In an October 2021 Ontario Superior Court decision, Mahendran v. 2021 ONSC 6678, the Court ordered the discharge of a claim for lien in a situation where the lien claimant was held to be an owner. 9660143 Inc.

Construction 40

Construction Court Decisions Court 40

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. The Court further found that the context and the statutory text both supported its interpretation.

Immigration 52

Immigration Court Statute Construction 52

Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. The court recently denied certiorari in Yu v.

Laws 95

Laws Court Litigation Litigating 95

Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. Bittner challenged that penalty in court, arguing that the BSA authorizes a maximum penalty for nonwillful violations of $10,000 per report, not $10,000 per account.

Court 59

Court Statute Government Calendaring 59

Broadcast Law Blog

JULY 17, 2022

The US Court of Appeals this week determined that the FCC’s requirement that broadcasters confirm by searching DOJ and FCC databases that all buyers of program time on their stations are not representatives of foreign governments was beyond the power of the FCC as authorized by Congress.

Construction 94

Construction Government Entertainment Court Decisions 94

Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A In Bissonnette v. Adams , 532 U.S.

Contract 52

Contract Court Construction Constitutional Law 52

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

Construction 115

Construction Government Legal Legal 115

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. Old court decisions that suggest that no liability would arise unless the copyrighted content is hosted on the server controlled by the website owner may no longer be good law.

Court Decisions 122

Court Decisions Construction Government Court 122

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. NYC , 438 U.S. 104 (1978).

Construction 59

Construction Court Decisions Court 59

JURIST

AUGUST 4, 2023

At the same time, if there is a risk of withdrawal of an asset from the country or its alienation, the authorized body will apply to the court with an application for taking preliminary interim measures. A special state fund on these issues will be created to accumulate and manage assets returned to the state.

Laws 197

Laws Finance Real Estate Government 197

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.

Construction 52

Construction Court Decisions Litigation Litigating 52

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.

Statute 96

Statute Legal Legal Court 96

Patently O

MAY 23, 2023

2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. ” In the context of the invention, the district court concluded that it required two different potential flowpaths, and that fluid flow must be forced to follow one instead of the other. by Dennis Crouch In OneSubsea IP v.

Attorney 75

Attorney Construction Litigation Litigating 75

JURIST

JANUARY 17, 2022

Poroshenko’s assets were frozen by the court on January 6 while he was abroad. He delivered a speech to his supporters on a specially pre-constructed stage at the airport. It is worth noting that Judge Oleksiy Sokolov of the Kyiv Pechersk District Court is an investigating judge in this case.

Construction 104

Construction Government Court Decisions Court 104

At the Lectern

JANUARY 28, 2021

At its conference yesterday, the Supreme Court declined to review a Commission on Judicial Performance decision removing a Court of Appeal justice from the bench. Other actions of note included: The court granted review in People v. Last year’s Supreme Court decision in People v. Martha Co. ,

Court 49

Court Statute Construction Court Decisions 49

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. The Supreme Court considered this issue, but found the disclosure sufficient. Hyde , 242 U.S. 261 (1916).

Construction 69

Construction Court Court Decisions Laws 69

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.”

Construction 40

Construction Court Decisions Court 40

Constitutional Law Reporter

AUGUST 9, 2023

Supreme Court modified the religious accommodation standard under Title VII of the Civil Rights Act, which requires employers to accommodate the religious practice of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” The District Court granted summary judgment to USPS.

Court 52

Court Construction Constitutional Law Court Decisions 52

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.

Construction 58

Construction Court Court Decisions 58

Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

Statute 52

Statute Litigation Litigating Cause of Action 52

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

Patently O

SEPTEMBER 21, 2022

The PTAB is the busiest patent court in the country. The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to some claims). More recently, the court was faced with unique partial-institution circumstances in Click-to-Call Techs. by Dennis Crouch. 1348 (2018).

Statute 58

Statute Construction Court Litigation 58

At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. ” The court also granted review in Los Angeles Unified School District v. .” Superior Court (2004) 123 Cal.App.4th

Court 40

Court Punitive Damages Statute Immigration 40

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 ).

Construction 53

Construction Court Decisions Attorney Court 53

Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] affirmance rate.

Drafting 75

Drafting Court Laws Litigation 75

Patently O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” That 3-to-2 decision included a narrow interpretation of Gottshalk v.

Court 75

Court Court Decisions Technology Depositions 75

SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. A federal district court in D.C. Confederated Tribes of the Chehalis Reservation.

Government 116

Government Contract Statute Education 116

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. You will not be working a 9-to-5 job Litigation often involves tight deadlines and urgent tasks that are dictated by court orders.

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

FDA Law Blog

AUGUST 9, 2021

Farquhar — On the heels of Genus Medical Technologies’ successful lawsuit against FDA—Genus was represented by Hyman, Phelps & McNamara PC—in both the District Court of D.C. and the Court of Appeals for the D.C. Ultimately, FDA decided not to request a hearing en banc nor to seek review of the decision in the Supreme Court.

Statute 52

Statute Litigation Litigating Construction 52

Broadcast Law Blog

DECEMBER 7, 2015

The US District Court in Washington DC last week decided that FilmOn X could not rely on the compulsory license of Section 111 of the Copyright Act to retransmit the signal of over-the-air television stations to consumers over the Internet. The Court pointed to several crucial facts to buttress its decision.

Court 40

Court Construction Court Decisions Technology 40

Constitutional Law Reporter

MAY 7, 2024

Supreme Court narrowly interpreted 18 U.S.C. By a vote of 6-3, the Court adopted the Government’s view of the three-prong test for evaluating a defendant’s prior criminal history, holding that a defendant must satisfy each of the conditions to be eligible. Supreme Court’s Decision The U.S. In Pulsifer v.

Court 52

Court Laws Construction Constitutional Law 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

Court 55

Court Government Litigation Litigating 55

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.

Court 104

Court Construction Court Decisions Government 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

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. 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 court therefore found that the stay was unauthorized and vacated it. DECISIONS AND SETTLEMENTS. FEATURED CASE. A divided D.C.

Court 40

Court Litigation Litigating Attorney 40

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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

Litigation 40

Litigation Litigating Attorney Court 40

SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

Statute 90

Statute Construction Court Administrative Law 90