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

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 Cause of Action Misdemeanor 59

JayS.Rothman&Associates

MARCH 31, 2023

Constructive Discharge in Violation of Public Policy A constructive discharge claim in California refers to a situation where an employer’s misconduct effectively forces an employee to resign. There are several elements that an employee must prove in order to succeed in a constructive discharge claim.

Construction 40

Construction Laws Attorney Legal 40

Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

Construction 59

Construction Tort Statute Attorney 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

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

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

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.

Statute 196

Statute Construction Court Legal 196

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

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

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

JURIST

MARCH 26, 2024

In a US Court of Appeals for the Ninth Circuit decision , the court found that third-party reimbursements could not be excluded under its statute. The statutory language that the IHS attributes is for direct costs and not necessarily for indirect costs, for example, building construction, as opposed to medical ambulatory services.

Contract 118

Contract Healthcare Court Construction 118

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 74

Statute Construction Felony Law School 74

JURIST

APRIL 15, 2024

The party briefs mostly focused on the word “rewarded” in the statute. A broad and unclear definition of “corruptly”, she argued, would chill gift-giving to public officials as well as to employees of private entities covered by the statute. Sinzdak refused to accept that narrower construction.

Statute 129

Statute Government Lawyer Lawyers 129

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.

Statute 104

Statute Contract Construction Court 104

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 105

Immigration Statute Felony Court 105

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

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

SCOTUSBlog

OCTOBER 3, 2022

Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v.

Statute 109

Statute Government Court Diligence 109

Patently O

NOVEMBER 22, 2023

Although MPF claims may seem broad on their face, the statute limits their scope to cover only the corresponding structures disclosed in the patent document (the specification) and their equivalents. Williamson established the absence of the term “means” no longer creates a strong presumption against applying MPF construction.

Construction 64

Construction Technology Statute Drafting 64

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

Mondaq

OCTOBER 19, 2021

It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation.

Statute 40

Statute Construction 40

At the Lectern

APRIL 9, 2024

But, separately, it also says that death penalty statutes in effect in 1972 “shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments. California’s Constitution contains its own equal protection provision. Article I, section 7 (a).) ” (Article I, section 27.) Rule 8.487 (a)(1).)

Court 92

Court Statute Construction Education 92

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

SCOTUSBlog

NOVEMBER 4, 2022

Issues : (1) Whether courts can defer to the construction of a statute by the Department of Veterans Affairs without first considering whether the statute permits a pro-veteran construction pursuant to the pro-veteran canon; and (2) whether Chevron U.S.A.

Court 94

Court Construction Immigration Statute 94

SCOTUSBlog

JANUARY 15, 2022

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. Under applicable precedent, if the statute makes the 30-day time limit jurisdictional, then equitable-tolling claims are barred.

Statute 101

Statute Construction Court Drafting 101

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

Patently O

MAY 20, 2022

using the data model to construct a client application also with the user interface paradigm. ” During claim construction, Microsoft had asked for the term to be construed as meaning “no human labor required.” Microsoft’s counsel then asked, “Can we resolve the claim construction issue?”

Construction 80

Construction Litigation Litigating Statute 80

JURIST

AUGUST 25, 2023

The appellants also cited the rule of lenity , arguing that penal statutes “carry the extreme consequence of the deprivation of an individual’s liberty,” and therefore, the ambiguity should be constructed in favor of the appellants.

Court 104

Court Construction Statute Contract 104

At the Lectern

APRIL 1, 2021

the Supreme Court today interprets a state statute as requiring a party, and not just an eavesdropper, to a call involving a cell or cordless phone to have consent from those on the call before recording it. Violation of the statute — Penal Code section 632.7 — carries exposure to both criminal and civil penalties.

Statute 49

Statute Construction Court 49

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 116

Court Statute Construction Law School 116

SCOTUSBlog

OCTOBER 10, 2022

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. He contends that the basis for his claim – the TCCA’s “authoritative construction” of the DNA-testing law – didn’t exist until then.

Statute 107

Statute Construction Litigation Litigating 107

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 57

Laws Contract Statute Construction 57

Constitutional Law Reporter

SEPTEMBER 8, 2023

Under the overbreadth doctrine, if the challenger demonstrates that the statute “prohibits a substantial amount of protected speech” relative to its “plainly legitimate sweep,” then society’s interest in free expression outweighs its interest in the statute’s lawful applications, and a court will hold the law facially invalid.

Immigration 52

Immigration Court Statute Construction 52

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 136

Legal Legal Court Statute 136