Patently O

SEPTEMBER 12, 2022

But, the statute as written creates a slightly different test — asking what “reasonably could have raised during that inter partes review.” The statute charges the USPTO Director the role of instituting the IPR, although that duty had been delegated tot he PTAB. Christa Laser and her 2018 Florida Law Review article.

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The IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. They filed similar suits in Florida and New York contending that those states’ copyright laws required a similar result. Sirius XM Radio, Inc. ,

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Laws Statute Court Litigation 98

SCOTUSBlog

FEBRUARY 21, 2022

Gambling on tribal lands first came to prominence with a Seminole casino in Florida in the late 1970s. The Pueblo and the Alabama-Coushatta have been in more or less constant litigation with Texas ever since, for more than a quarter of a century. The success of that facility led to proliferation of the business model.

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Statute Government Court Decisions Laws 117

Conflict of Laws

AUGUST 23, 2021

The plaintiff was an American cruise ship passenger, Paul Turner, who brought a class action in federal district court in Florida alleging that the cruise line’s “negligence contributed to an outbreak of COVID-19 aboard the Costa Luminosa during his transatlantic voyage beginning on March 5, 2020.”. The case was Turner v. public policy.

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Contract Personal Injury Statute Court 98

The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework.

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Statute Lawyer Lawyers Court 105

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. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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Statute Stare Decisis Court Manufacturing 105

Diane Drain

MAY 15, 2021

Some language was included as an amendment, but only time will tell if that language holds up to litigation of the issue. Courts have repeatedly reiterated that the legislative purpose of the homestead exemption statutes is to allow the family to prevent judgment creditors from taking the family home.(ii)

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Laws Litigation Litigating Court 197

Conflict of Laws

FEBRUARY 22, 2024

After the yacht ran aground in Florida and sustained significant damage, Raiders filed a claim. Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. This post is cross-posted at Transnational Litigation Blog ] Raiders opposed this motion.

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Court Contract Laws Statute 67

SCOTUSBlog

FEBRUARY 23, 2022

Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. Florida , 21-53. That’s all for this week.

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JURIST

MARCH 12, 2024

Florida education officials and civil rights attorneys reached a settlement on Monday over the state law dubbed “Don’t Say Gay.” ” The parties came to an agreement after two years of litigation and an appeal to the US Court of Appeals for the Eleventh Circuit.

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Laws Education Statute Law Firm 211

SCOTUSBlog

MARCH 2, 2022

Florida , 21-53 , which the court denied review on after a whopping 10 relists. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. rescheduled before the Dec.

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SCOTUSBlog

DECEMBER 8, 2021

1988), which invalidated under dormant commerce clause doctrine an Ohio law providing that the state’s statute of limitation would not run against corporations that were not present in the state and had not designated an agent for service of process. Florida , 21-53. Midwesco Enterprises, Inc. relisted after the Dec. 3 conference).

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Statute Court Contract Litigation 87

Broadcast Law Blog

JULY 25, 2017

Through litigation, certain copyright holders (including, most notably, Flo and Eddie of the 1960’s band The Turtles) have been seeking compensation from digital and analog music services for the public performance of pre-1972 sound recordings. But that law stops short of full Federalization of pre-1972 sound recordings.

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status. Source: CBS.

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Tort Litigation Litigating Manufacturing 35

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status. Source: CBS.

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Tort Litigation Litigating Manufacturing 36

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Florida , 21-53. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. relisted after the Oct.

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SCOTUSBlog

MARCH 6, 2023

involves the trigger for the statute of limitations in cases under the Comprehensive Environmental Response, Compensation, and Liability Act – also known as “Superfund” – for the clean-up of sites contaminated with hazardous pollutants. The case will likely be argued sometime in the fall. The first case, Georgia-Pacific v.

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Laws Court Statute Government 111

SCOTUSBlog

OCTOBER 3, 2023

From her home in Florida, Laufer – who has multiple sclerosis and uses a wheelchair or a cane to move around – combs the internet to look for hotels whose websites do not provide information about the accessibility of the hotel’s facilities. Share Deborah Laufer is a self-appointed civil rights tester.

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SCOTUSBlog

APRIL 19, 2024

That brings us to our next issue, raised by a large group of Florida criminal cases that the court has had kicking around since November. Ordinarily, under the so-called “American Rule,” each litigant pays its own attorney’s fees, whether it wins or loses. Bouarfa sued.

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Felony Immigration Court Statute 134

Diane Drain

APRIL 15, 2021

At $150,000, Arizona already has one of the higher homestead exemptions, according to Asset Protection Planners, though eight states including Texas and Florida offer unlimited protection. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

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Laws Small Business Attorney Finance 211

FDA Law Blog

FEBRUARY 16, 2022

FDA, ruled that limiting Orphan Drug Exclusivity to the indication, rather than the condition designated, is inconsistent with the plain language of the statute. But like in the Depomed litigation, FDA’s reading of the Orphan Drug Act went too far, and, like the Depomed litigation, it will take an act of Congress to overturn this decision.

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Court Litigation Litigating Statute 98

LawSites

DECEMBER 29, 2021

In Florida, a committee appointed by the state Supreme Court approved “in concept” changes that would create a Law Practice Innovation Laboratory Program similar to Utah’s regulatory sandbox and that would allow some loosening of the rules around nonlawyer ownership of law firms. As Exhibit B, I give you the Florida Supreme Court’s Oct.

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FDA Law Blog

OCTOBER 4, 2021

In yet another decision based on statutory interpretation, an appellate court has decided that FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act (FDCA) is contrary to the plain text of the statute. It may lead to new litigation or call into question previous FDA awards of orphan drug exclusivity.

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Statute Court Manufacturing Court Rules 52

SCOTUSBlog

APRIL 19, 2021

United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. 922(g) , the federal felon-in-possession statute. Greer fled down the stairwell.

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Felony Government Statute Court 115

LawSites

DECEMBER 29, 2021

In Florida, a committee appointed by the state Supreme Court approved “in concept” changes that would create a Law Practice Innovation Laboratory Program similar to Utah’s regulatory sandbox and that would allow some loosening of the rules around nonlawyer ownership of law firms. As Exhibit B, I give you the Florida Supreme Court’s Oct.

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Legal Legal Legal Services Technology 52

SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. Woodson , 960 F.3d 3d 852 (6th Cir.

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Statute Lawyer Lawyers Court 45

JonathanTurley

JANUARY 14, 2024

In Florida, U.S. In the course of the litigation, the Justice Department conceded that The United States concedes that “[t]here is no evidence of firearms being prohibited at post offices, specifically, or of postal workers being prohibited from carrying them, at the time of the founding.” 18 U.S.C. § 18 U.S.C. §

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Statute Government Court Court Rules 48

The Crime Report

DECEMBER 13, 2021

Supreme Court invalidated capital punishment statutes in several states in Furman v. Florida (14 percent), and Texas (8 percent) came next. And in another key metric suggesting how much death penalty litigation has altered the landscape, prisoners under sentence of death by the end of 2020 had been on death row for an average of 19.4

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Statute Litigation Litigating Government 145

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Source: CBS In Florida, a woman has sued for defamation, harassment and emotional distress after her neighbor set up decorations that included an insane asylum sign that pointed to her yard and a fake tombstone with an inscription she viewed as a reference to her single status.

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Tort Litigation Litigating Manufacturing 43

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. and non-U.S. 19-1189 (U.S. filed Sept.

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JonathanTurley

JUNE 9, 2023

It is a curious call for a governor to make after he ran ads in Florida calling on people to “join us in California.” California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Gavin Newsom (D., for kidnapping charges against Gov.

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Laws Misdemeanor Attorney Felony 37

SCOTUSBlog

DECEMBER 31, 2022

As associate counsel for the National Association for the Advancement of Colored People in the 1960s, she helped litigate civil-rights cases in the South. She successfully blocked the executions of two half-brothers who had been convicted of a Florida murder and were later released.

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Court Lawyer Lawyers Law School 89

The Crime Report

AUGUST 30, 2022

The Mar-a-Lago club, Palm Beach, Florida. 26, Donald Trump’s attorneys made their second pitch in five days to District Court Judge Aileen Cannon of the Southern District of Florida to appoint a “special master” to review and return evidence from the FBI search of Trump’s domicile on Aug. Photo via CNN. Gregg Barak.

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Lawyer Lawyers Litigation Litigating 130

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The result is a horn of plenty for litigators.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also declined to “create a new tort named abusive litigation.” and non-U.S. National Review, Inc. ,

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SCOTUSBlog

JUNE 30, 2022

The Dobbs dissent rightly predicted that discovering what kind of abortion regulation is “legitimate” will lead to even more abortion litigation. Florida is a hybrid, with the courts holding that the state constitution protects access to abortion yet laws that restrict it.

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Laws Court Government Statute 93

JonathanTurley

DECEMBER 31, 2022

Johns County, Florida. The court reversed the decision of the United States District Court for the Middle District of Florida. On the Title IX issue, the court held that the statute allows schools to provide separate bathrooms on the basis of biological sex. Johns County, Florida. School Board of St. School Board of St.

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