The Crime Report

SEPTEMBER 2, 2022

America’s death penalty is now defined, as the nonprofit Death Penalty Information Center noted in a 2021 report, “by two competing forces: the continuing long-term erosion of capital punishment across most of the country, and extreme conduct by a dwindling number of outlier jurisdictions to continue to pursue death sentences and executions.”.

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Statute Lawyer Lawyers Court 105

Conflict of Laws

JANUARY 24, 2022

This article further discusses whether there should be a per se bar to the extraterritorial application of Section 1782 and explains the broad implications that the recent appellate courts’ decisions on both issues have for foreign litigants and entities that are subject to the United States’ jurisdiction. The first issue U.S.

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Litigation Litigating Laws Court 52

Patently O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. 21-438 (CVSG requested October 4, 2021); and. Neapco Holdings LLC, et al. , Patreon, Inc.,

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Laws Court Litigation Litigating 95

Diane Drain

DECEMBER 31, 2020

It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. This provision sunsets on December 27, 2021. If the debtor fails to modify his plan, the bankruptcy court (on its own motion), the U.S.

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Small Business Contract Statute Government 104

The Crime Report

JUNE 23, 2022

Report authors highlighted a recent Supreme Court decision in Canada. This month in a landmark decision in R v Bissonnette , the Canadian Supreme unanimously ruled life without parole sentences unconstitutional on the basis that sentences that extend beyond a person’s natural ability to outlive them are cruel and unusual punishments.

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Statute Court Decisions Court 142

FDA Law Blog

SEPTEMBER 29, 2021

HRSA based its opinion on the statute and agency precedents over the last 25 years. In January 2021, several companies and the Pharmaceutical Research and Manufacturers of America (PhRMA) sued the agency on various statutory and procedural grounds. 1:21-cv-00027-LPS, 2021 WL 2458063 (D. See, e.g. , AstraZeneca Pharmaceuticals v.

Litigation 52

Litigation Litigating Manufacturing Contract 52

SCOTUSBlog

FEBRUARY 21, 2022

Denezpi appealed the federal conviction, again asserting that the federal court prosecution violated his double jeopardy rights. Court of Appeals for the 9th Circuit ruled against Denezpi, and he petitioned the Supreme Court for review. 18, 2021, and the case will be heard on Feb. The justices granted review on Oct.

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Court Government Statute Laws 107

Patently O

MARCH 3, 2022

In 2021, the Supreme Court sided with the patentee in holding that the AIA trial system violated the Appointments Clause of the U.S. The Court concluded that PTAB judges were wielding the substantial power of the U.S. Following the Supreme Court decision, the same panel issued the order to remand the case for Director Review.

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Statute Court Decisions Court Laws 63

ClimateChange-ClimateLaw

APRIL 18, 2023

District Court for the Northern District of California substantively heard only the federal claims asserting preemption by the federal Energy Policy & Conservation Act, or EPCA, which preempts state and local governments from setting standards “concerning the energy efficiency, energy use, or water use of” products regulated by EPCA.

Construction 122

Construction Government Legal Legal 122

Patently O

FEBRUARY 1, 2023

Here, we tend to use an exacting standard for res judicata principles because of their due process implications — the result bars a party from making their argument in court. The reissue system is a somewhat-close relative to inter partes review and has the benefit of 150 years of case law, including numerous Supreme Court decisions.

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Statute Litigation Litigating Depositions 78

FDA Law Blog

FEBRUARY 27, 2024

Part 1: Multiple PTEs Under the PTE statute at 35 U.S.C. § For years after the enactment of the Hatch-Waxman Amendments the PTO interpreted the PTE statute to permit multiple PTEs, provided there are separate, but not necessarily different, regulatory review periods. These determinations were finalized in 2021.

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Statute Court Decisions Court Laws 59

Conflict of Laws

MAY 31, 2021

9] This approach is that a Nigerian court cannot assume jurisdiction where the cause of action arose in one State, or another foreign country. This approach is that more than one court can have jurisdiction in matters of conflict of laws where the cause of action is connected to such States. 2] (2021) 7 NWLR (Pt. 1776) 535. [3]

Contract 98

Contract Cause of Action Court Laws 98

JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. In 2021, the Nevada legislature passed AB 286. Justice Lidia S.

Court Decisions 249

Court Decisions Court Statute Government 249

Patently O

OCTOBER 5, 2022

a court would almost certainly compel discovery because the request appear to seek relevant information (absent an appropriate privilege or work-product exception). In 2021, Lilly brought the case to the U.S. The opinion conflicts with the Second Circuit’s decision in In re del Valle Ruiz , 939 F.3d 3d 520 (2d Cir.

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Litigation Litigating Statute Court 61

FDA Law Blog

JANUARY 11, 2024

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. Boehringer’s interchangeable Cyltezo in 40 mg/0.8 mL and 20 mg/0.4

Litigation 59

Litigation Litigating Statute Manufacturing 59

At the Lectern

JUNE 17, 2022

” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v. .” ” The dissenter said she was “confounded by [the superior court’s] failure to try more [felony trials for in-custody defendants] after fully reopening in June 2021.”

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Court Felony Healthcare Statute 63

At the Lectern

NOVEMBER 24, 2021

The Courts of Appeal will also be evaluating SB 775 in three other cases, where the Supreme Court yesterday granted review, vacated the appellate court decisions, and transferred for reconsideration in light of the new legislation. Lewis (2021) 11 Cal.5th Lopez case. (See See here.). See In re White (2020) 9 Cal.5th

Personal Injury 49

Personal Injury Felony Court Government 49

FDA Law Blog

AUGUST 9, 2021

FDA claimed that Congress afforded FDA the discretion to regulate devices as drugs based an overlap in the statutory definitions of “drug” and “device” and chose to do so in the case of contrast agents in response to a 1997 court decision and related Citizen Petition. Comments are due on October 8, 2021.

Statute 52

Statute Litigation Litigating Construction 52

Conflict of Laws

JANUARY 11, 2022

“The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Les Zones d’ombre de la Convention de La Haye du 2 Juillet 2019”, Revue Internationale de Droit Comparé (RIDC), 73 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

At the Lectern

FEBRUARY 10, 2022

which the court decided two weeks ago. In Lawson , the court held that, instead of a U.S. Supreme Court decision, a California statute provides the evidentiary standard — a more plaintiff-friendly one — for whistleblower retaliation claims. Lewis (2021) 11 Cal.5th The lead case is Lawson v.

Court 56

Court Statute Court Decisions Laws 56

Conflict of Laws

FEBRUARY 16, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here ). . University of Pittsburgh Law Review 82 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 22, 2024

Finally, it should be indicated that the position of the Bahraini courts on this issue is broadly similar to that of other countries in the region, as noted in the Introduction. The High Court in the present case did not deviate from this “well-established” principle, which is rooted in both Bahraini statutes and case law.

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Court Laws Contract Court Decisions 69

Conflict of Laws

DECEMBER 7, 2021

Update of 7 December 2021: New entries are printed bold. Les Zones d’ombre de la Convention de La Haye du 2 Juillet 2019”, Revue Internationale de Droit Comparé (RIDC), 73 (2021), pp. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304.

Drafting 52

Drafting Laws Litigation Litigating 52

Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Citing Carr v. Saul , 593 U.S.

Court 52

Court Constitutional Law Entertainment Administrative 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. Horvitz & Levy is Supreme Court counsel for State Farm.

Calendaring 45

Calendaring Entertainment Court Statute 45

Conflict of Laws

NOVEMBER 23, 2021

Update of 20 November 2021: New entries are printed bold. Les Zones d’ombre de la Convention de La Haye du 2 Juillet 2019”, Revue Internationale de Droit Comparé (RIDC), 73 (2021), pp. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304.

Drafting 52

Drafting Laws Litigation Litigating 52

FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. 22, 2021) [hereinafter Slip Op.], 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? Gibbs & John R. Heesters —.

Court 40

Court Statute Punitive Damages Government 40

Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court. That procedure was not immediately apparent.

Court 69

Court Laws Statute Litigation 69

At the Lectern

OCTOBER 27, 2022

According to the order, the Bar “intends ‘to release information about past disciplinary investigations concerning Mr. Girardi’ to the extent it believes it is permitted to do so [by statute].” ” The court said, “we expect that [the Bar] will disclose the information. Dependency mootness.

Court 56

Court Statute Court Decisions Attorney 56

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware. 2023-1795 (Fed.

Contract 64

Contract Court Statute Court Decisions 64

Conflict of Laws

AUGUST 31, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021 ; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021 ; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021 ; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 40

Drafting Laws Litigation Litigating 40

At the Lectern

MAY 30, 2024

.’ ” The appellate court also found inapplicable the Legislature’s intent statement in newly enacted Assembly Bill 600 that, in resentencing proceedings under section 1172.1 , which the bill amended, “courts have full discretion. ” The urging went unheeded, except for Justice Evans.

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Court Manufacturing Contract Attorney 45

Conflict of Laws

SEPTEMBER 1, 2022

In its decision of 11 March 2021, the Cologne Higher Regional Court denied the international jurisdiction of the Cologne courts for permission proceedings under the German Telemedia Act (TMG) in cases of suspected abusive customer complaints in online marketplaces. found differently.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ? Introduction.

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Court Contract Stare Decisis Entertainment 52