Patently O

JANUARY 3, 2024

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

Contract 64

Contract Court Statute Court Decisions 64

Conflict of Laws

SEPTEMBER 4, 2023

Schütze: Security for costs of english plaintiffs in Austrian litigation The judgment of the Austrian Supreme Court (Oberster Gerichtshof – OGH) of 29 March 2022 deals with the obligation of English plaintiffs to provide security for costs according to sect. 57 Austrian Code of Civil Procedure. It was approved by means of Law No.

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Procedural Law Court Legal Legal 69

FDA Law Blog

JANUARY 11, 2024

Koblitz — Back in late September 2023 (and corrected in October), FDA issued its first interchangeable exclusivity determination pursuant to the Biologics Price Competition and Innovation Act (“BPCIA”).

Litigation 57

Litigation Litigating Statute Manufacturing 57

FDA Law Blog

OCTOBER 7, 2024

Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. H&P specifically relies on the Supreme Court decision in Jarkesy , as well as the 2023 Supreme Court decision in Axon Enterprise, Inc. In Huff and Puffers v. Constitution. FTC , 598 U.S.

Court Decisions 57

Court Decisions Litigation Litigating Court 57

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. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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At the Lectern

JULY 24, 2024

The court granted review in June 2023. Quach is expected to decide whether California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remains valid after the United States Supreme Court decision in Morgan v. (Links added.) Sundance, Inc.

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Calendaring Finance Court Decisions Litigation 40

Constitutional Law Reporter

JUNE 1, 2023

Goertz , 598 U.S. _ (2023), the U.S. Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. 1983 procedural due process claim begins to run at the end of the state-court litigation. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3.

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Statute Litigation Litigating Cause of Action 52

SCOTUSBlog

DECEMBER 5, 2023

Share In its first opinion of the 2023-24 term in an argued case, the Supreme Court on Tuesday morning threw out a dispute over whether a self-appointed “civil rights tester” has a legal right to file a lawsuit under the Americans with Disabilities Act alleging that a hotel had failed to provide information about its accessibility on its website.

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At the Lectern

AUGUST 20, 2021

They reiterate the argument today and say, “the easiest solution is for the California Supreme Court to allow the recall election to go forward, but hold that if Newsom is recalled, the lieutenant governor will then become governor until the expiration of Newsom’s term in January 2023.”

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Court Law School Court Decisions Litigation 49

Constitutional Law Reporter

OCTOBER 18, 2023

Lower Court Decisions Trade associations representing the platforms challenged both the Florida and Texas laws on First Amendment grounds. In the Florida case, the Eleventh Circuit Court of Appeals affirmed a preliminary injunction in part. 7072 was motivated by viewpoint discrimination.

Laws 52

Laws Court Constitutional Law Court Decisions 52

At the Lectern

MAY 1, 2024

On Tuesday and Wednesday, May 21 and 22, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself ): Castellanos v. The court granted review in March 2023. The court granted review in August 2022. Vigilant Insurance Co.

Calendaring 45

Calendaring Entertainment Court Statute 45

JURIST

JANUARY 25, 2023

The Supreme Court of India Friday dismissed a plea challenging the Caste Census initiated in the Indian state of Bihar. By terming the Public Interest Litigation (PIL) a “Publicity Interest Litigation,” the Supreme Court lent its tacit approval to the caste census.

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Court Government Litigation Litigating 104

Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

Statute 52

Statute Diligence Court Constitutional Law 52

Constitutional Law Reporter

OCTOBER 9, 2023

Milligan , 599 U.S. _ (2023), the U.S. Supreme Court held that challengers showed a reasonable likelihood of success on their claim that an Alabama Congressional redistricting plan likely violated Section 2 of the Voting Rights Act. Alabama’s congressional map has remained remarkably similar since that litigation. In Allen v.

Litigation 52

Litigation Litigating Court Constitutional Law 52

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. This case was appealed to the Supreme Court and was closed with that Court’s refusal to review the case.

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Court Construction Litigation Litigating 110

Patently O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. 8] See U.S.

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Metadata Technology Laws Court 96

Constitutional Law Reporter

MAY 1, 2023

United States , 598 U.S. _ (2023), the U.S. 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. Fort Bend County v. Davis , 587 U.S.

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Government Statute Entertainment Constitutional Law 52

Patently O

MAY 23, 2023

2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. In this case, the court noted a “totality of the circumstances” approach should be taken on a “case-by-case” basis. or the unreasonable manner in which the case was litigated.”

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Attorney Construction Litigation Litigating 75

Patently O

JANUARY 11, 2024

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. 1243 (2023). Sanofi , 143 S. Most notably, Amgen does not mention In re Wands , 858 F.2d 2d 731 (Fed. Genentech, Inc.,

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Technology Court Manufacturing Court Decisions 53

ClimateChange-ClimateLaw

MAY 31, 2024

The last of these cases was the first climate case in the form of administrative litigation. This blog post introduces two judgments of the Yokosuka climate case, one issued in January 2023 and the second in February 2024. Therefore, the plaintiffs in the Yokosuka case have largely inherited the legal structure adopted in that case.

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Court Construction Government Court Decisions 60

Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] 2(3) (2023) [link]

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Drafting Court Laws Litigation 75

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

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Court Tort Cause of Action Litigation 52

FDA Law Blog

JUNE 19, 2023

Given the make-up of the House and the aversion to expansion of FDA authority, it seems extremely unlikely that the newest version of the VALID Act, which was introduced in March 2023, will advance in the next two years. Raimondo , FDA may also lose the shield of Chevron deference in any litigation.

Calendaring 54

Calendaring Legal Legal Court Decisions 54

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. Coinbase, Inc. Bielski , 22-105. relisted after the Dec. 2 conference). United States v.

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Immigration Court Statute Law Firm 95

Patently O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. He has an extensive background in chemistry, food science, and viticulture. Inter partes review is not unique. In Allgenesis Biotherapeutics Inc. Cloudbreak Therapeutics, LLC , Case No. 22-1706 (Fed. of Wildlife , 504 U.S.

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Court Finance Attorney Court Decisions 49

Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. In its judgment, the ADFCF refers to the contract dated 7 December 2023 ).

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Divorce Laws Court Contract 52

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. Three trials the district court selected as non-binding “bellwether” trials resulted in plaintiff verdicts. Below we briefly discuss those 14 cases. du Pont de Nemours & Co.

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Tort Court Litigation Litigating 120

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.

Court 69

Court Laws Statute Litigation 69

ClimateChange-ClimateLaw

AUGUST 28, 2024

The Supreme Court first recognized the fundamental constitutional right to a clean environment in Francis Coralie Mullin (1981) , where it held that the right to life and liberty under Article 21 of the Constitution encompasses “the right to health, clean environment, and basic necessities of life”.

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Court Government Court Decisions Litigating 67

ClimateChange-ClimateLaw

APRIL 18, 2023

O n Monday, April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. City of Berkeley.

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Construction Government Legal Legal 117

Conflict of Laws

AUGUST 22, 2023

Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer * On 20 August 2023, China Justice Observer released the 2023 version of List of China’s Cases on Recognition of Foreign Judgments. The full version of the 2023 List of China’s Cases on Recognition of Foreign Judgments is available here.

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

FDA Law Blog

AUGUST 21, 2023

Brand drugs, generic drugs, and medical devices alike have all been the target of state failure-to-warn litigation; in a recent case, OTC acetaminophen is the target. Interestingly, the Plaintiffs alleged that this duty existed when the mother was pregnant in 2015 even though the studies relied upon in the litigation are from 2021.

Manufacturing 40

Manufacturing Court Healthcare Litigation 40

Conflict of Laws

SEPTEMBER 14, 2023

On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”

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Drafting Court Laws Government 49

Conflict of Laws

AUGUST 30, 2023

Final Update of 29 August 2023: New entries are printed bold. Breaking) News From The Hague: A Game Changer in International Litigation? One of the most recurring responses we received from the conference audience on site was how remarkably thoroughly prepared all conference speakers were for their respective presentations.

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Drafting Laws Litigation Litigating 98

Conflict of Laws

AUGUST 31, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 30, 2024

The 2020 update [2] , 2022 update [3] , and 2023 update [4] were also posted on Conflictoflaws.net. 2023) Gui 71 Xie Wai Ren No. 1, [13] a local Chinese court in Nanning, Guangxi Province, ruled to recognize and enforce a Thai monetary judgment in 2024. (Note: Foreign divorce judgments are excluded in the Case List.)

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Cause of Action Divorce Lawyer Lawyers 64

Conflict of Laws

SEPTEMBER 28, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? Coco, Sarah E.

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