Patently O

APRIL 11, 2024

Yegge Endowed Distinguished Professor of Law and Provost’s Professor, University of Denver Sturm College of Law. In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. Guest post by Tim Holbrook.

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Statute Court Technology Contract 80

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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Court Statute Lawyer Lawyers 52

SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.

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Court Decisions Statute Court Litigation 99

Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

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Litigation Litigating Statute Court 60

Patently O

SEPTEMBER 29, 2021

The statute would create a rebuttable presumption of consolidation. The new statute would list factors that a district court should consider when determining whether or not to grant a stay, all the changes would tend to promote stays of the litigation. Expanding the Scope of Inter Partes Review.

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Statute Court Decisions Litigation Litigating 92

SCOTUSBlog

FEBRUARY 21, 2022

That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. In 1983, responding to a lower-court decision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.

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Statute Government Court Decisions Laws 116

SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. Two years ago, in United States v. Our first new relist this week, United States v. Hansen , squarely raises that First Amendment challenge.

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Immigration Court Statute Law Firm 90

Patently O

FEBRUARY 20, 2023

And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility. The recent decision in Hawk Tech Sys. 208 (2014).

Technology 89

Technology Court Decisions Court Statute 89

Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v. United States , 598 U.S. _ (2023), the U.S. Fort Bend County v. Davis , 587 U.S.

Government 52

Government Statute Entertainment Constitutional Law 52

At the Lectern

MAY 1, 2024

California Commerce Club : Does California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. The court granted review in August 2022. Sundance, Inc. 2022) _ U.S. _ [142 S.Ct. 1901 et seq.;

Calendaring 45

Calendaring Court Entertainment Statute 45

The Crime Report

SEPTEMBER 2, 2022

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. This time the court’s verdict was less equivocal, though no less divided. Austin Sarat.

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Statute Lawyer Lawyers Court 105

SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigation Litigating Court Attorney 87

Patently O

FEBRUARY 1, 2023

The first question — if the patentee is involved in concurrent district court infringement litigation, at what step is the patent no longer enforceable? The affirmed PTAB decision found the claim invalid with a preponderance of the evidence. And yet, fudging the rules in a way that undermines due process is troubling.

Statute 76

Statute Litigation Litigating Court 76

Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. It also noted that pursuant to Irwin v.

Statute 52

Statute Diligence Court Constitutional Law 52

Conflict of Laws

JANUARY 24, 2022

The most recent issue of the German Journal of Comparative Law (Zeitschrift für Vergleichende Rechtswissenschaft) features the following articles on private international and comparative law: Jürgen Samtleben: Internationales Privatrecht in Guatemala. But conflict-of-law questions are also regulated in other laws.

Litigation 52

Litigation Litigating Laws Court 52

Hoban Law Group

APRIL 13, 2021

Recent developments have made it even more attractive — for example, the basis for the argument of unconstitutionality of §280E has recently and ably been outlined by the judiciary in three dissenting opinions to a 2019 Tax Court decision (For a summary, see: [link] ). appeared first on Hoban Law Group.

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Drafting Statute Government Court Decisions 105

Patently O

AUGUST 18, 2022

Almost all patent law professionals will agree that an accused infringer with good prior art generally has a much better chance of getting the claims cancelled via IPR rather than asking a jury to decide. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.

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Litigation Litigating Court Statute 73

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Next up is Kelly v.

Statute 105

Statute Stare Decisis Court Manufacturing 105

SCOTUSBlog

APRIL 16, 2021

Consequently, when Alaska became a state in 1959 and when, soon thereafter, oil was discovered in Prudhoe Bay, federal law left open many questions — especially land ownership. Most importantly for Chehalis , ANCSA departed from long-standing models of federal Indian law that governed the lower 48 states.

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Government Contract Statute Education 120

SCOTUSBlog

APRIL 22, 2022

The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. Court of Appeals for the 6th Circuit had found Brecht satisfied and, as a result, held that Davenport need not also satisfy AEDPA to obtain relief because, according to language in two Supreme Court cases ( Fry v.

Court 93

Court Court Decisions Statute Legal 93

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

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Drafting Laws Litigation Litigating 96

SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Court of Appeals for the 9th Circuit rejected that claim. Tingley also asks the court to overrule Employment Division v. Four years ago, the Supreme Court held in Nieves v.

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Court Tort Litigation Litigating 115

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] 6] This is wrong.

Contract 98

Contract Cause of Action Court Laws 98

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Tekoh presents the court with that question. Share Miranda v.

Court 102

Court Government Lawyer Lawyers 102

ClimateChange-ClimateLaw

APRIL 18, 2023

In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” Energy Policy & Conservation Act appeared first on Climate Law Blog. Under EPCA, the U.S.

Construction 111

Construction Government Legal Legal 111

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

MARCH 10, 2021

Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case. GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”.

Court 52

Court Contract Stare Decisis Entertainment 52

FDA Law Blog

APRIL 23, 2021

The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. It did that by focusing on the text of the statute. So, the obvious question to many readers is how does this Supreme Court decision implicate FDA?

Court 40

Court Statute Punitive Damages Government 40

Broadcast Law Blog

OCTOBER 27, 2017

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?

Court 40

Court Court Decisions Statute Laws 40

Conflict of Laws

APRIL 20, 2022

“Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Amurodov, Jahongir. rs-953987/v1 ).

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Åkerfeldt, Xerxes. Badr, Yehya Ibrahim.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

“Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

NOVEMBER 23, 2021

“Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193.

Drafting 52

Drafting Laws Litigation Litigating 52

FDA Law Blog

SEPTEMBER 29, 2021

The companies asserted that their position fully complied with applicable law, and objected that the practice of using multiple contract pharmacies, based on HRSA’s nonbinding interpretive guidance, has resulted in widespread contract pharmacy noncompliance, and has affected costs, distorted prescribing decisions, and hurt patient care.

Litigation 52

Litigation Litigating Manufacturing Contract 52

Conflict of Laws

SEPTEMBER 28, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

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Drafting Laws Litigation Litigating 40