JURIST

OCTOBER 20, 2022

Russian Federation under Article 63 of the ICJ Statute. Article 63 of the Statute of the ICJ , stipulates “the right to intervene in the proceedings,” with the caveat that “the construction given by the judgment will be equally binding” upon an intervening State, not just the States directly party to the dispute.

Statute 239

Statute Construction Court Legal 239

Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §

Construction 52

Construction Tort Statute Court 52

Day on Torts

FEBRUARY 17, 2022

Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. internal citation omitted). internal citation omitted).

Construction 59

Construction Tort Court Statute 59

JURIST

JUNE 8, 2022

The Ninth Circuit concluded that Vasquez-Borjas’ interpretation of the statute was unsupported and “accept[ed] California’s construction of its own law and conclude[d] that intent to defraud is a necessary element of all convictions under Section 472.”

Immigration 197

Immigration Construction Statute Government 197

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

Laws 57

Laws Contract Statute Construction 57

JURIST

JANUARY 25, 2024

Although the ICJ’s decision is final and binding on Malaysia, the Malaysian government applied for revision of the judgment in 2017 based on the discovery of new facts, pursuant to Article 61 of the Statute of the International Court of Justice. However, the then Prime Minister Mahathir Mohamad dropped the application in 2018.

Government 192

Government Construction Statute Court 192

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

City of New York , a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019 , New York City’s building performance standard to reduce greenhouse gas emissions from the City’s largest buildings. The court holds that the CLCPA does not preempt Local Law 97.

Laws 134

Laws Court Government Real Estate 134

SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

Statute 73

Statute Construction Felony Law School 73

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ).

Contract 69

Contract Laws Court Statute 69

Constitutional Law Reporter

AUGUST 22, 2023

Hetronic manufactures remote controls for construction equipment. As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”

Laws 52

Laws Statute Court Manufacturing 52

SCOTUSBlog

MARCH 24, 2023

1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing unlawful immigration,” violates the First Amendment’s guarantee of free of speech. As the government observes, many ordinary criminal laws — such as those barring conspiracy, incitement, and solicitation — criminalize speech. unnecessary.

Immigration 119

Immigration Laws Government Statute 119

SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. On Monday, the court will hear argument in a pair of cases, Pugin v. Garland and Garland v.

Immigration 102

Immigration Statute Felony Court 102

Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Qualcomm Incorporated , No. 35 U.S.C. §

Laws 95

Laws Court Litigation Litigating 95

SCOTUSBlog

MARCH 28, 2023

1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech. The justices first questioned Fletcher on how to interpret the law. Hansen when the Supreme Court heard argument on whether 8 U.S.C.

Immigration 89

Immigration Laws Statute Government 89

At the Lectern

APRIL 27, 2023

” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit.

Finance 45

Finance Construction Court Contract 45

Day on Torts

FEBRUARY 16, 2022

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

Tort 59

Tort Construction Statute Court 59

JURIST

APRIL 15, 2024

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. The party briefs mostly focused on the word “rewarded” in the statute. Justice Kagan asked if the required mental state in the statute helps to alleviate that concern. Sinzdak refused to accept that narrower construction.

Statute 129

Statute Government Lawyer Lawyers 129

SCOTUSBlog

OCTOBER 3, 2022

Yet, if a veteran fails to apply for those benefits within a year of discharge, they stand to lose thousands of dollars because the law currently does not permit equitable tolling – the doctrine that allows individuals, in some circumstances, to pursue a claim after a statutory deadline has expired. In Irwin v.

Statute 107

Statute Government Court Diligence 107

SCOTUSBlog

OCTOBER 10, 2022

The question before the court is a procedural one, focusing on the deadline for Reed to file a federal civil rights claim challenging the constitutionality of the Texas law governing DNA testing. The question that the justices will consider in Reed’s case is when the statute of limitations to pursue a federal civil rights claim begins to run.

Statute 105

Statute Construction Litigation Litigating 105

Patently O

NOVEMBER 22, 2023

MPF claims are a particular type of claim in patent law that allows an inventor to claim an invention based on the function that it performs, rather than the specific structure or materials used. 2015) (en banc), the Federal Circuit changed the law again — going after these non-means nonce words. Citrix Online , LLC, 792 F.3d

Construction 62

Construction Technology Statute Drafting 62

SCOTUSBlog

NOVEMBER 4, 2022

De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. He became a lawful permanent resident after marrying a U.S. A list of all petitions we’re watching is available here. In its 1951 decision in Jordan v. citizen the following year.

Court 92

Court Construction Immigration Statute 92

JURIST

AUGUST 25, 2023

Planned Parenthood South Atlantic joined two physicians and Greenville Women’s Clinic to file a petition Thursday asking the Supreme Court of South Carolina to reconsider its decision to uphold a strict state law banning abortions after six weeks of pregnancy.

Court 104

Court Construction Statute Contract 104

Gravel2Gavel

JANUARY 25, 2022

by Pillsbury's Construction & Real Estate Law Team. Pillsbury illustrated the California eligibility statutes in the comprehensive Gravel2Gavel post and chart, cited in the report and available here.

Real Estate 52

Real Estate Construction Statute Attorney 52

Mondaq

SEPTEMBER 20, 2021

Extensive changes to North Carolina's stormwater runoff statute went into effect today as part of Session Law 2021-158.

Construction 40

Construction Statute Laws 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. Justice Jackson argued that the majority abandoned traditional tools of statutory construction to reach its result. “It

Immigration 52

Immigration Court Statute Construction 52

Patently O

OCTOBER 17, 2023

by Dennis Crouch The intersection between factual inquiries and legal conclusions in patent law is a complex and ever-evolving area, this is especially true in obviousness doctrine. It also includes a useful claim construction decision on when to give a term its plain and ordinary meaning. In Cyntec Co. Chilisin Electronics Corp. ,

Laws 62

Laws Legal Legal Court 62

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Law 629 of 2000 on the Kyoto Protocol.

Legal 73

Legal Legal Laws Government 73

JURIST

SEPTEMBER 28, 2021

The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.” Islamic State – Khorasan Province claimed responsibility for the attack shortly thereafter.

Statute 104

Statute Construction Government Legal 104

SCOTUSBlog

JANUARY 15, 2022

a law firm, sent a petition one day late to request review in the U.S. The question in Boechler is whether the statute bars a taxpayer who missed the deadline from asserting equitable tolling, which allows courts to excuse missed deadlines in some circumstances. Advocates quickly dove into the details of sentence construction.

Statute 99

Statute Construction Court Drafting 99

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 100

Statute Legal Legal Court 100

Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Broadcast Law Blog

APRIL 3, 2022

As federal licensees, because of the federal criminal statute, broadcasters have been advised to avoid marijuana advertising, even as the states in which they operate have relaxed their marijuana laws. Then the President would have to sign the bill. The permittee faces a $6,500 fine for these violations.

Construction 108

Construction Felony Statute Technology 108

SCOTUSBlog

JANUARY 23, 2023

The problem for Arellano was that a federal statute, 38 U.S.C. Court of Appeals for the Federal Circuit found that equitable tolling was not available to Arellano, but was split on whether the Section 5110(b)(1) was a statute of limitations, which presumes the availability of equitable tolling. The court also looked to United States v.

Court 113

Court Statute Construction Law School 113

Day on Torts

FEBRUARY 10, 2022

The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed.

Legal 59

Legal Legal Tort Statute 59

ClimateChange-ClimateLaw

AUGUST 9, 2022

On June 30, 2022, the State of California joined the State of New York in adopting legislation that allows state authorities to bypass local laws in permitting large-scale renewable energy projects. supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency,” id. Law § 94-c(2)(h).

Laws 54

Laws Manufacturing Construction Statute 54

SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

Legal 133

Legal Legal Court Statute 133

Constitutional Law Reporter

JUNE 1, 2023

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. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law. The District Court dismissed Reed’s complaint.

Statute 52

Statute Litigation Litigating Cause of Action 52