Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014).

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Conflict of Laws

MAY 9, 2025

Consequently, it is not about determining which aspects of Mexicos allegations would survive during the litigation (and some are controversial), as indicated by one of the counsels, but whether they pass this legal hurdle. Section 2 (and other state statutes in the complaint). 471 (2023)). No judgment has yet been rendered.

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Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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ClimateChange-ClimateLaw

AUGUST 13, 2024

As we explain, the new law aims to uphold the rights of indigenous peoples and rural communities in Peru, mitigate inequalities, and bolster their defense in climate-related litigation. This innovative legal paradigm introduces a reinvigorated instrument within the domain of climate litigation.

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Litigation Litigating Legal Legal 72

SCOTUSBlog

JUNE 28, 2024

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. The agency stopped the monitoring in 2023 because of a lack of funding.

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FDA Law Blog

OCTOBER 1, 2024

Karst — If you monitor Regulations.gov dockets and litigation dockets on PACER like we do, then you know that one company name—more than any other over the past several years—pops up: Vanda Pharmaceuticals, Inc. Court of Federal Claims allowed Vanda’s Fifth Amendment takings claim to move forward in litigation. 1:2022cv00938 (D.D.C.)

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SCOTUSBlog

NOVEMBER 20, 2023

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.” And in Erlinger v.

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The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue. An IPR is like a mini-trial, as the Board must make a decision within one year.

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JURIST

JULY 6, 2024

The court further expressed its disapproval of the applicant’s “unreasonable litigation conduct” as it found none of the challenges “reasonably arguable.” The legal dispute arose from the well-established Anisminic principle in English common law.

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ClimateChange-ClimateLaw

MARCH 29, 2023

Photo by Mathias Reding on Unsplash Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change.

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Conflict of Laws

APRIL 16, 2025

” On 31 May 2023 the European Commission published two proposals on the protection of adults. Since Blocking Statutes cannot be understood to protect domestic sovereignty, the article also discusses how they serve to enforce international principles on extraterritorial legislation instead.

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SCOTUSBlog

APRIL 25, 2025

Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting innocent sellers from liability. The moratorium remained in effect until early 2023, with some protections continuing into 2024.

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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”). Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Litigation Litigating Statute Manufacturing 59

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. After an extended bit of patent litigation, the parties entered a 2014 settlement agreement that included a mutual covenant not to challenge each other’s patents again until 2021. ” 28 U.S.C.

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Broadcast Law Blog

JANUARY 27, 2023

The Copyright Royalty Board yesterday published in the Federal Register the proposed rates for the public performance of musical compositions by noncommercial broadcasters for the period 2023 through 2027. Comments and objections, if any, to these proposed rates are due on or before February 27, 2023.

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SCOTUSBlog

NOVEMBER 16, 2023

Ron DeSantis signed the law, known as the Protection of Children Act, in 2023. Presnell’s order, Whitaker wrote, “inflicts irreparable harm on Florida and its children by purporting to erase from Florida’s statute books a law designed to prevent the exposure of children to sexually explicit live performances.” Florida Gov.

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Day on Torts

AUGUST 5, 2024

During the course of that litigation, plaintiff grew unhappy with defendants’ actions on his behalf. Plaintiff terminated defendants as his attorneys in July 2022, and he filed this pro se legal malpractice claim in February 2023. July 3, 2024), plaintiff hired defendants to represent him in a lawsuit against several individuals.

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Patently O

DECEMBER 5, 2022

Proper venue is rarely a big deal these days in Federal Litigation. Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law.

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Patently O

AUGUST 25, 2024

The court vacated and remanded a fee award by Colorado Judge Brooke Jackson, finding that Judge Jackson abused her discretion when determining that the case was “exceptional” under the statute. 2023-1035 (Fed. Realtime Adaptive Streaming L.L.C. Sling TV, L.L.C. ,

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Conflict of Laws

AUGUST 14, 2023

The conference was kicked off by a keynote speech by Justice Philip Jeyaretnam (Singapore International Commercial Court), providing an in-depth analysis of the Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 (discussed in more detail here ). Hence, giving equal weight to the choices of the parties.

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Patently O

MAY 8, 2023

2023) The UCANN vs. Pure Hemp patent case has come to a close with the Federal Circuit affirming the district court’s decision to deny attorney fees to Pure Hemp. The usual rule in American litigation is that each party pays their own attorney fees – win or lose. 4th — (Fed. ” 35 U.S.C. ” 35 U.S.C.

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Attorney Litigation Litigating Statute 69

Paralegal Bootcamp

MAY 4, 2023

It’s 2023 and everyone in the legal world is inundated with emails. When I used to practice solely personal injury , I created folders for the cases that were in active litigation and then a sub-folder with the case name. I also created folders for settlement negotiations, electronic medical record requests, and disbursements.

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Conflict of Laws

MARCH 16, 2023

428, 2023, pp. Starting with the sources stated in the Statute of the International Court of Justice, the author digs into the relevance of other international sources of private international law such as community law, human rights standards and non-legally binding norms (or soft law), party autonomy and reciprocity. 129 et seq.).

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Laws Sports Legal Legal 97

FDA Law Blog

SEPTEMBER 19, 2023

On the heels of its powerful (and unprecedented) amicus brief in Paragraph IV litigation between Jazz and Avadel concerning a patent covering a Risk Evaluation and Mitigation Strategy (“REMS”) listed in the Orange Book, the Federal Trade Commission (“FTC”) is gearing up to tackle anticompetitive Orange Book listing practices.

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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. In Arellano v.

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Statute Diligence Court Constitutional Law 52

ClimateChange-ClimateLaw

MAY 8, 2024

And, of course, the work of environmental and energy lawyers is increased and made more challenging by the growing number and stringency of climate-related regulations, statutes, and directives. In late 2023, LSEW committed “to being net zero by 2030” in its operations. John Kerry, then U.S.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court will kick off its 2023-24 term on the traditional first Monday in October. The court’s October argument session will feature six arguments over five days, on topics ranging from federal sentencing laws to voting rights. The case has drawn widespread interest.

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Patently O

NOVEMBER 28, 2023

2023 WL8043047 (Fed. On its face, the statute seems to establish a statutory deadline of 18 months from institution (one year plus the six-month extension) for the PTAB to issue its Final Written Decision in a post-grant review (“PGR”) proceeding. By Chris Holman Purdue Pharma L.P. Collegium Pharm., In Purdue Pharma L.P.

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The IP Law Blog

JANUARY 11, 2024

Elden’s complaint, arguing that it was barred by the applicable 10-year statute of limitations for such claims. Days before Christmas 2023, the Ninth Circuit issued its opinion in Elden v. The Ninth Circuit continued by recognizing that section 2255(b) contained the pertinent statute of limitation for such claims.

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Personal Injury Statute Cause of Action Criminal Law 62

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. In February 2023, the Tribunal of Cundinamarca decided the case. In April 2023, the Council of State, the highest court on administrative law matters, affirmed the decision. The Tribunal of Cundinamarca decided the case in July 2023.

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Fordham Law News

OCTOBER 2, 2023

1] On June 20, 2023, the New York State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers. [2] 18] These questions will likely be resolved through The New York State Department of Labor regulations, or through a wave of litigation. [19] 28, 2023), [link] [2] John J. .… [N]o

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SCOTUSBlog

OCTOBER 6, 2023

Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the October Term 2023. Since the 1950s, though, the Supreme Court has relied on state law to fill “gaps” in maritime law that lack any federal statute or controlling federal precedent.

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Patently O

MARCH 15, 2023

13, 2023) , Judge Taranto (joined by Judges Lourie and Stoll) largely affirmed the district court’s dismissal, confirming that the Director’s instructions are unreviewable. . §§ 701– 706, challenging the Director’s instructions to the Board regarding exercise of discretion in IPR institution decisions. In Apple v. Vidal , 2022-1249, — F.4th

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Statute Litigation Litigating Court 64

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. In Wilkins v. Justice Sonia Sotomayor wrote on behalf of the Court. Fort Bend County v. Davis , 587 U.S.

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JonathanTurley

APRIL 1, 2023

Section 2 of the Statute makes it “an offense for a person to perform adult cabaret entertainment,” either “(A) On public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.” Here is the order: 03-31-2023-Order-Granting-TRO

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Entertainment Laws Statute Litigation 51

FDA Law Blog

MARCH 24, 2024

They argue that the 340B statute had never intended to give contract pharmacies such an outsized role in the program, in part because their proliferation stretched HRSA’s enforcement capacity and resulted in widespread noncompliance. Two 340B covered entities joined the litigation as intervenors arguing to uphold the law. & Mfrs.

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Patently O

OCTOBER 18, 2023

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The Section 15 declaration falsely stated no proceedings involving the DANTANNA’S mark were pending, when in fact the cancellation proceeding and related litigation were still ongoing.

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