FDA Law

MARCH 18, 2025

the Court looked at the term the patent in the PTE statute at 35 U.S.C. 156 should be read in light of the rest of the statute, and that the patent in subsection 156(c) must refer to the original patent rather than the reissued patent. On March 13, 2025, the Federal Circuit ventured into the world of reissued patents and PTE. (

Statute 59

Statute Construction Court 59

SCOTUSBlog

OCTOBER 16, 2024

The text of the civil RICO statute, the companies argued at the Supreme Court, unlike its criminal counterpart, plainly requires a plaintiff to be “injured in his business or property.” That rule of construction, she said, suggests that in the event of any doubt the court should permit Horn’s suit to proceed.

Personal Injury 112

Personal Injury Court Personal Injury Lawyer Tort 112

SCOTUSBlog

APRIL 17, 2025

She observes that the exemptions for reasonably priced transactions are set forth in a different part of the statute and so do not impose additional pleading requirements to set out a claim.

Litigation 76

Litigation Litigating Statute Construction 76

ClimateChange-ClimateLaw

APRIL 10, 2025

Federal Laws There are three key federal statutes the Marine Protection, Research, and Sanctuaries Act (MPRSA), the Clean Water Act, and the Rivers and Harbors Act (RHA) which are likely to apply to seaweed CDR projects in addition to state law. ACE is authorized to regulate seaweed cultivation and sinking under the CWA and the RHA.

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Construction Statute Laws Government 59

SCOTUSBlog

JUNE 4, 2025

Two voters and the Pennsylvania Democratic Party defend the ruling as plain vanilla statutory interpretation, aligning with most Pennsylvania counties practices and the states Statutory Construction Act. The companies had removed the suits to federal court under the federal-officer removal statute, 28 U.S.C. Chevron USA Inc.

Statute 69

Statute Contract Court Government 69

Conflict of Laws

MAY 27, 2025

Moreover, courts are under an obligation to interpret municipal statutes in a way that avoids confrontation with international law. The Gramophone case established that Parliamentary intervention is required only where an international convention is in conflict with domestic law, not merely if it modifies existing provisions.

Litigation 45

Litigation Litigating Court Legal 45

ClimateChange-ClimateLaw

JULY 2, 2025

After STB approved the construction and operation of the Uinta Basin Railway, Eagle County, Colorado, and seven environmental organizations filed a lawsuit alleging that STB had arbitrarily limited the scope of its assessment, and had failed to take a “hard look” at upstream and downstream effects of the crude oil supply chain, among other things.

Litigation 59

Litigation Litigating Tort Legal 59

SCOTUSBlog

JUNE 10, 2025

As I suggested in last week’s column , instead of choosing between the two competing cases addressing the construction of the First Step Act’s sentence-reduction provisions ( Rutherford v. The Supreme Court continues its blistering pace sorting through relisted cases, having resolved another six last week. United States and Carter v.

Court 62

Court Punitive Damages Contract Statute 62

Patently O

MAY 1, 2025

by Dennis Crouch In a case highlighting the ongoing challenge of claim construction in software patents, the Federal Circuit has affirmed the district court’s determination that Fintiv’s asserted claims are invalid as indefinite. The Statutes at Issues: 35 U.S.C. Fintiv, Inc. PayPal Holdings, Inc. , 2023-2312 (Fed.

Construction 40

Construction Statute Court 40

Conflict of Laws

NOVEMBER 13, 2024

Conflicts specialists may finish this part of book with some ruffled feathers: the indictment of the multilateralist method they practice and indeed sometimes advocate for is quite relentless, and the relief provided by the idea that their shadow statutism may eventually redeem them might not always feel entirely sufficient.

Laws 64

Laws Legal Legal Statute 64

SCOTUSBlog

MAY 29, 2025

United States , involving the scope of a statute that gives judges discretion to reduce criminal sentences for extraordinary and compelling reasons. Ross Construction Co. The Supreme Court is making good progress in sorting through the current relists. This week it disposed of four. It was good news for the petitioner in Fernandez v.

Government 82

Government Tort Contract Court 82

JURIST

JANUARY 8, 2025

Irelands declaration, filed under Article 63 of the ICJ Statute, reflects its direct interest as a contracting party to the Convention. Ireland’s intervention under Article 63 is confined to offering observations on the construction of the Genocide Convention and does not make it a party to the proceedings.

Construction 231

Construction Statute Contract Court 231

The Volokh Conspiracy

JUNE 24, 2025

Their cost would come on top of the ongoing expense of the hundreds of billions in previously allocated 4 percent and 9 percent tax credits, which housing developers sell to finance construction and write off gradually. The primary criticism of this system has focused—not incorrectly—on the high cost of construction, which can be staggering.

Finance 142

Finance Construction Real Estate Government 142

The Volokh Conspiracy

JULY 15, 2025

It is true, as they emphasize, that President Nixon used IEEPA's predecessor statute, the Trading with the Enemy Act (TWEA), to enact more limited tariffs, and this was upheld by the predecessor court to Federal Circuit in United States v. The statute does not even mention the word "tariff" or any synonym such as "duty" or "impost."

Court 92

Court Statute Small Business Court Decisions 92

Conflict of Laws

APRIL 25, 2025

She deemed this differentiation to be of great importance to assess the applicable law: for extrinsic tokens, the statute of the represented asset must be considered. In the fifth panel, Leon Marcel Kahl (University of Vienna) illustrated how the special construction of the Unified Patent Court leads to conflict of laws questions.

Laws 64

Laws Legal Legal Court 64

SCOTUSBlog

JULY 14, 2025

By doubling down on the secretary’s control in order to protect the preventive care structure from possible constitutional invalidity, the Biden administration’s litigating position constructed the pedestal on which the current HHS secretary, Robert F. Kennedy, Jr.

Statute 62

Statute Court Litigation Litigating 62

The Volokh Conspiracy

JULY 5, 2025

Virginia Hospital Association (1990), the Court "suggested that spending-power legislation can give rise to an enforceable right under §1983 so long as the legislation is 'intended to benefit the putative plaintiff 'and the plaintiff's interest in the statute is not 'too vague and amorphous.'" They were not mere constructions of statutes.

Statute 76

Statute Court Government Cause of Action 76

JURIST

OCTOBER 16, 2023

The challenged statute, N.C. The text of the statute covered actions such as unauthorized removal of data or documents, capturing of images, “intentionally” placing unattended recording devices on employer premises or substantially interfering with the employer’s ownership of the property.

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

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.

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Statute Construction Court Legal 239

SCOTUSBlog

JUNE 9, 2023

Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. I guess we should all be glad that the court unanimously rejected the government’s interpretation of the statute.

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Statute Court Construction Government 99

JURIST

AUGUST 5, 2022

According to the ICJ, under Article 63 of the Statute of the Court , states may intervene in proceedings if the outcome will bind them. Until today, the UK has declined to intervene or officially label Russian aggression in Ukraine a genocide. Russia ) [link] pic.twitter.com/3C6OJPPiZx. CIJ_ICJ (@CIJ_ICJ) August 5, 2022.

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Statute Construction Court Legal 196

SCOTUSBlog

MARCH 29, 2023

United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. Share Tuesday’s decision in Wilkins v. So, if the bar is jurisdictional, they would be completely out of luck.

Statute 101

Statute Court Litigation Litigating 101

Patently O

MARCH 2, 2021

Rain and Samsung agree that this case comes down to claim construction. And, as typical, the patentee is attempting to thread the needle with a construction that is broad enough to be infringed, but narrow and specific enough to avoid invalidation. This rendered the separate non-infringement related claim construction moot.

Construction 97

Construction Statute Court 97

JURIST

JULY 4, 2024

The court found their declarations of intervention admissible under Article 63 of the Statute of the International Court of Justice. The article allows states that are parties to the convention whose construction is in question to intervene in the proceedings.

Construction 267

Construction Statute Court 267

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.”

Construction 197

Construction Immigration Statute Government 197

JURIST

MAY 17, 2024

The state must mandatorily comply with the procedure that has been provided under the statute for an acquisition to be valid under Article 300A. The court ruled in favour of the petitioner, instructing the corporation to investigate the encroachments and prohibiting any further construction on the property.

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Court Construction Court Rules Statute 211

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

Statute 59

Statute Construction Misdemeanor Cause of Action 59

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.

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Government Construction Statute Court 192

Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

Statute 59

Statute Tort Construction Court 59

Patently O

JULY 19, 2022

The appellate decision altered claim construction and told the PTAB to try its analysis again with the new construction. Not Literally Disclosed : On remand, the patent challenger TCT successfully shifted its argument based upon the Federal Circuit’s new claim construction. I call this the not-literally-disclosed ground.

Construction 56

Construction Statute Court 56

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 93

Statute Construction Felony Law School 93

SAV Paralegal Services

JUNE 14, 2021

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. Ocular Health Centre Ltd.,

Construction 52

Construction Paralegal Services Laws Paralegal 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 Statute Court 59

SCOTUSBlog

APRIL 14, 2023

The 9th Circuit emphasized that the BIA’s interpretation of the statute “raises grave doubts about whether INA is unconstitutionally vague.” They urge the justices to stop there to avoid “a maximally severe approach” to interpreting a statute with criminal and removal consequences.

Immigration 110

Immigration Statute Felony Court 110

Patently O

MAY 5, 2022

In particular, the statute required the inventor to provide “a written description of [the] invention, in such full, clear, and exact terms, as to enable any person skilled in the art or science to which it appertains, to make and construct the same.” The Patent Act of 1836 included the language now found in 35 U.S.C.

Statute 93

Statute Construction 93

Mondaq

DECEMBER 8, 2021

3)(c) by eliminating the current statute of repose for latent claims. A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla.

Statute 40

Statute Construction 40

JURIST

SEPTEMBER 21, 2022

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Human rights experts across the world have accused Russia of genocide during its invasion of Ukraine.

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