ClimateChange-ClimateLaw

JUNE 26, 2023

Japan ) Two weeks later, a civil complaint involving the same facts received a first-instance judgment rejecting the request for an injunction to block the construction and operation of coal-fired power plants. and requested an injunction to block the construction and subsequent operation of two coal-fired power plants.

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Mondaq

JULY 23, 2021

This Supreme Court decision considered the level of detail required for a valid payment schedule under the BIF Act.

Construction 40

Construction Court Decisions Lawyers Lawyer 40

JURIST

JANUARY 17, 2022

He delivered a speech to his supporters on a specially pre-constructed stage at the airport. Another group of supporters had already gathered near the Kyiv Pechersk District Court, which is well-known for judges who, through their decisions, have helped participants in high-profile criminal investigations avoid responsibility.

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Construction Government Court Decisions Court 104

SCOTUSBlog

NOVEMBER 29, 2021

However, if the statutory language is ambiguous, the court turns to step two. Under this step, a court will accept the agency’s interpretation if it is based on a permissible construction of the statute. Court of Appeals for the 9th Circuit, in Empire Health Foundation v. The issue: Medicare payment for hospitals.

Statute 102

Statute Construction Court Administrative Law 102

ClimateChange-ClimateLaw

MAY 31, 2024

The residents sought an injunction to block the construction of 2 coal-fired power plants (CFPPs) which had been evaluated under the Improvement and Replacement Rationalization Guideline (the Guideline) that allows for a simplified Environmental Impact Assessment (EIA) in certain circumstances.

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Court Construction Government Court Decisions 64

SCOTUSBlog

MAY 20, 2022

The court will hold the other case raising that question, Ham v. Breckon , pending the outcome in Jones.

Stare Decisis 138

Stare Decisis Court Lawyers Lawyer 138

SquirePattonBoggs

MAY 15, 2023

State courts have long been divided on whether Nollan is limited to the discretionary decisions of zoning administrators, or whether it also applies to municipal legislation like Nashville’s rule. The ordinance lacks the “nexus” and “rough proportionality” between the imposed condition and the social costs of the new construction.

Construction 59

Construction Court Decisions Court 59

NewmanFerraraLLP

NOVEMBER 2, 2022

On appeal, in a decision dated October 18, 2022, the Second Circuit concurred with the bulk of the lower court’s analysis but, in the absence of a statutory bar, reinstated that part of the case which sought injunctive relief. [It Amazon.com Inc et al, District Court Decision and Order Second Circuit Opinion on Appeal.

Construction 52

Construction Court Decisions Litigation Litigating 52

Patently O

NOVEMBER 13, 2022

Sanofi cite to the 1916 Supreme Court decision in Minerals Separation v. In Amgen , the Supreme Court is tasked with reconsidering the law of enablement, and so it is this final issue that is most relevant. by Dennis Crouch. Almost all the briefs filed in Amgen v. Hyde , 242 U.S. 261 (1916).

Construction 69

Construction Court Court Decisions Laws 69

Patently O

MAY 23, 2023

The Proceedings: The district court issued its claim construction back in 2016, but rather than quickly granting summary judgment of non-infringement, it stayed the case pending outcome of parallel inter partes reviews challenging the patents’ validity. . The two-flowpath requirement was a problem for the patentee.

Attorney 75

Attorney Construction Litigation Litigating 75

Broadcast Law Blog

OCTOBER 9, 2022

FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ).

Drafting 59

Drafting Construction Government Calendaring 59

Broadcast Law Blog

MAY 2, 2021

The application window is now open for parties interested in participating in the FCC’s upcoming auction of construction permits authorizing the construction of 136 new FM stations and 4 AMs (Auction 109). The application window will close on May 11 at 6:00 p.m. Eastern Time. ( FCC Auction 109 Page ).

Construction 53

Construction Court Decisions Attorney Court 53

Patently O

FEBRUARY 24, 2022

Although the doctrine derives its name from a 1907 Supreme Court decision, the doctrine in the form know it today was created by the Federal Circuit in its 2014 Brain Life decision and then expanded later in SpeedTrack (Fed. 2015) and again in PersonalWeb Techs.

Laws 95

Laws Court Litigation Litigating 95

SCOTUSBlog

JUNE 17, 2022

The opinion also cursorily notes that the “statutory structure” suggests a narrow construction of covered errors because the provision creates an exception to the norm of finality for veterans benefits decisions.

Statute 113

Statute Legal Legal Court 113

Constitutional Law Reporter

JULY 30, 2024

However, if the court determines that “the statute is silent or ambiguous with respect to the specific issue” at hand, the court must defer to the agency’s interpretation if it “is based on a permissible construction of the statute.”

Stare Decisis 52

Stare Decisis Court Statute Construction 52

NewmanFerraraLLP

OCTOBER 23, 2022

.” After a federal discrimination lawsuit was filed, a district court judge didn’t think the Watters had much of a case. But, on appeal, the Seventh Circuit disagreed, noting that this kind of alleged conduct could be enough to establish an attempted “constructive eviction.”

Construction 40

Construction Court Decisions Court 40

SCOTUSBlog

APRIL 16, 2021

They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA.

Government 116

Government Contract Statute Education 116

Patently O

JULY 24, 2023

by Dennis Crouch The Federal Circuit recently affirmed a district court decision in United Therapeutics Corp. providing guidance on enablement, written description, and claim construction for method claims. And on this record, with the district court’s claim construction, the claims are adequately enabled.”

Construction 40

Construction Technology Drafting Court Decisions 40

Patently O

SEPTEMBER 21, 2022

. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw , and Intuitive Surgical , and whether that interpretation remains correct after SAS Institute, Inc. In my reading, the most straightforward construction sides with the Federal Circuit in this situation.

Statute 58

Statute Construction Litigating Litigation 58

Patently O

NOVEMBER 9, 2021

Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Court decision. After losing before the CCPA, the government then petitioned for Supreme Court review in the name of Marshall Dann, who was President Nixon’s Commissioner of Patents. Rather, the court found the claims obvious.

Court 75

Court Court Decisions Technology Depositions 75

Paralegal Bootcamp

JULY 24, 2023

Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on. Attention to detail is very important for litigation paralegals. Being a proficient legal researcher makes you an invaluable asset to your team.

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

Constitutional Law Reporter

MAY 14, 2024

The justices did not share the concern, noting that as the Court held in Saxon , a transportation worker is one who is “actively” “ ‘engaged in transportation’ of. goods across borders via the channels of foreign or interstate commerce.”

Contract 52

Contract Court Construction Constitutional Law 52

At the Lectern

JANUARY 28, 2021

Hernandez , which concerns the circumstances under which the prosecution may withdraw from — or a superior court may withdraw its approval of — a plea agreement when new legislation leads to the striking of a sentence enhancement. Last year’s Supreme Court decision in People v.

Court 49

Court Statute Construction Court Decisions 49

Constitutional Law Reporter

MAY 7, 2024

The content of Subparagraphs A, B, and C, especially as read against the Guidelines, thus answers the statutory puzzle here—reducing two grammatical possibilities to just one plausible construction.” The post Supreme Court Clarifies “Safety Valve” in Federal Criminal Sentencing Laws appeared first on Constitutional Law Reporter.

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Court Laws Construction Constitutional Law 52

Constitutional Law Reporter

APRIL 4, 2023

The government’s interpretation defies this traditional rule of statutory construction. He wrote: When Congress includes particular language in one section of a statute but omits it from a neighbor, we normally understand that difference in language to convey a difference in meaning (expressio unius est exclusio alterius.

Court 59

Court Statute Government Calendaring 59

Constitutional Law Reporter

SEPTEMBER 8, 2023

Justice Jackson argued that the majority abandoned traditional tools of statutory construction to reach its result. “It Justice Ketanji Brown Jackson authored a dissent, which was joined by Justice Sonia Sotomayor.

Immigration 52

Immigration Court Statute Construction 52

Constitutional Law Reporter

AUGUST 9, 2023

The Court further advised that courts must apply the test to take into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.

Construction 52

Construction Court Constitutional Law Court Decisions 52

Constitutional Law Reporter

JUNE 1, 2023

And if the state appellate court construes the DNA testing statute, that construction will streamline and focus subsequent §1983 proceedings.” “If any due process flaws lurk in the DNA testing law, the state appellate process may cure those flaws, thereby rendering a federal §1983 suit unnecessary,” he wrote.

Statute 52

Statute Litigation Litigating Cause of Action 52

Patently O

NOVEMBER 15, 2023

Figure 1 Figure 1 shows that the Federal Circuit believes district courts and the PTO are getting the right result in a very high percentage of cases. This is especially notable given that 98.2% In fact, this may be the highest affirmance rate of any significant patent law issue tracked over a significant period of time.

Drafting 75

Drafting Court Laws Litigating 75

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.

Statute 52

Statute Litigating Litigation Construction 52

JonathanTurley

JUNE 21, 2024

It cautioned against this use since, “[i]n the heat of making important academic decisions regarding hiring, promotion, and tenure, it would be easy to confuse collegiality with the expectation that a faculty member display ‘enthusiasm,’ or evince ‘a constructive attitude’ that ‘will foster harmony.’”

Court Rules 59

Court Rules Court Education Construction 59

JonathanTurley

MAY 25, 2021

In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision. Section 50-5-85.”

Court Rules 49

Court Rules Contract Laws Court 49

Patently O

DECEMBER 11, 2023

For example, would it be proper for a court to assume that the second patent would be infringed by an alleged “substantial noninfringing use” without allowing the alleged infringer an opportunity to challenge the validity of the second patent and participate in a formal construction of the relevant claims? Kelley Co. , 3d 1538 (Fed.

Technology 45

Technology Litigating Litigation Construction 45

At the Lectern

SEPTEMBER 2, 2021

” The court also granted review in Los Angeles Unified School District v. The appeal had been remanded to the Fifth District for reconsideration in light of last year’s Supreme Court decision in United Auburn Indian Community of Auburn Rancheria v. Newsom (2020) 10 Cal.5th

Court 40

Court Punitive Damages Statute Immigration 40

Broadcast Law Blog

DECEMBER 7, 2015

The Court also looked at certain judicial rules of construction in deciding how to read the language about “wires, cables, microwave, or other communications channels.” Ivi , a prior case that determined that online video providers could not rely on the statutory Section 111 license to retransmit television programming.

Court 40

Court Construction Court Decisions Technology 40

Patently O

APRIL 1, 2024

” Procedural History and District Court Decision At trial, Teva presented several prior art references – one of the key references was a Phase III clinical trial protocol (the ‘548 protocol) that used a roughly similar dosing schedule out to the 2nd month. ” (internal bracket removed).

Prima Facie Case 40

Prima Facie Case Court Litigating Litigation 40

Broadcast Law Blog

JANUARY 12, 2016

Indecency: After the Supreme Court decision in June 2012, upholding the FCC’s right to regulate indecency but questioning the current procedure for doing so, the FCC’s regulation of indecency has been up in the air.

Legal 40

Legal Legal Court Decisions Entertainment 40