Broadcast Law Blog

NOVEMBER 12, 2010

In a Court decision in 2008, the US Court of Appeals determined that the FCC had not adequately assessed its obligations under NEPA with respect to the impact of communications towers on birds after there were claims that towers killed millions of birds each year. After the Court decision, American Bird Conservancy v.

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JURIST

AUGUST 4, 2023

At the same time, if there is a risk of withdrawal of an asset from the country or its alienation, the authorized body will apply to the court with an application for taking preliminary interim measures. A special state fund on these issues will be created to accumulate and manage assets returned to the state.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. The court recently denied certiorari in Yu v.

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Laws Court Litigation Litigating 95

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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Statute Legal Legal Court 118

ClimateChange-ClimateLaw

APRIL 18, 2023

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. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Broadcast Law Blog

JULY 17, 2022

The US Court of Appeals this week determined that the FCC’s requirement that broadcasters confirm by searching DOJ and FCC databases that all buyers of program time on their stations are not representatives of foreign governments was beyond the power of the FCC as authorized by Congress.

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ClimateChange-ClimateLaw

MAY 31, 2024

Tokyo High Court On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. The site where the CFPPs were to be constructed housed as many as eight coal plants in the late 20th century when Japan was enjoying a period of high economic growth following the postwar reconstruction process.

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Court Construction Government Court Decisions 64

SCOTUSBlog

MAY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. That’s all for this week.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Supreme Court’s Decision The Supreme Court expressly overruled Chevron. Natural Resources Defense Council, Inc. ,

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JURIST

JANUARY 17, 2022

Poroshenko’s assets were frozen by the court on January 6 while he was abroad. He delivered a speech to his supporters on a specially pre-constructed stage at the airport. It is worth noting that Judge Oleksiy Sokolov of the Kyiv Pechersk District Court is an investigating judge in this case.

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Construction Government Court Decisions Court 104

Mondaq

JULY 23, 2021

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

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Construction Court Decisions Lawyers Lawyer 40

SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

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Statute Construction Court Administrative Law 104

Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. Bittner challenged that penalty in court, arguing that the BSA authorizes a maximum penalty for nonwillful violations of $10,000 per report, not $10,000 per account.

Court 59

Court Statute Government Calendaring 59

Mondaq

MAY 26, 2022

In an October 2021 Ontario Superior Court decision, Mahendran v. 2021 ONSC 6678, the Court ordered the discharge of a claim for lien in a situation where the lien claimant was held to be an owner. 9660143 Inc.

Construction 40

Construction Court Decisions Court 40

Constitutional Law Reporter

MAY 7, 2024

Supreme Court narrowly interpreted 18 U.S.C. By a vote of 6-3, the Court adopted the Government’s view of the three-prong test for evaluating a defendant’s prior criminal history, holding that a defendant must satisfy each of the conditions to be eligible. Supreme Court’s Decision The U.S. In Pulsifer v.

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Court Laws Construction Constitutional Law 52

Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. The Court further found that the context and the statutory text both supported its interpretation.

Immigration 52

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Patently O

MAY 23, 2023

2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. ” In the context of the invention, the district court concluded that it required two different potential flowpaths, and that fluid flow must be forced to follow one instead of the other. by Dennis Crouch In OneSubsea IP v.

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At the Lectern

JANUARY 28, 2021

At its conference yesterday, the Supreme Court declined to review a Commission on Judicial Performance decision removing a Court of Appeal justice from the bench. Other actions of note included: The court granted review in People v. Last year’s Supreme Court decision in People v. Martha Co. ,

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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. The Supreme Court considered this issue, but found the disclosure sufficient. Hyde , 242 U.S. 261 (1916).

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Construction Court Court Decisions Laws 69

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. NYC , 438 U.S. 104 (1978).

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Construction Court Decisions Court 59

SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. A federal district court in D.C. Confederated Tribes of the Chehalis Reservation.

Government 122

Government Contract Statute Education 122

JonathanTurley

JUNE 21, 2024

Board of Trustees of North Carolina State University , which was unfortunately not reviewed by the Supreme Court. Many objected to the claims of ‘lack of collegiality’ and bad ‘temperament’ raised against figures like Justice Sotomayor when she was nominated for the Court. of Trustees.

Court Rules 63

Court Rules Court Education Construction 63

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.

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Construction Court Decisions Litigation Litigating 52

JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. 1982), the Supreme Court addressed a boycott of white-owned businesses in Mississippi. District Court Judge Mark Cohen ruled for Martin on the core constitutional challenge. Court of Appeals for the Eighth Circuit on Feb. In NAACP v.

Court Rules 52

Court Rules Contract Laws Court 52

Patently O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” That 3-to-2 decision included a narrow interpretation of Gottshalk v.

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Court Court Decisions Technology Depositions 75

Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law.

Tort 75

Tort Litigation Litigating Legal 75

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 ).

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Construction Court Decisions Attorney Court 53

Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A In Bissonnette v. Adams , 532 U.S.

Contract 52

Contract Court Construction Constitutional Law 52

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 ).

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Drafting Construction Government Calendaring 59

Patently O

SEPTEMBER 21, 2022

The PTAB is the busiest patent court in the country. The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to some claims). More recently, the court was faced with unique partial-institution circumstances in Click-to-Call Techs. by Dennis Crouch. 1348 (2018).

Statute 58

Statute Construction Litigation Litigating 58

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.”

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Construction Court Decisions Court 40

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

Constitutional Law Reporter

AUGUST 9, 2023

Supreme Court modified the religious accommodation standard under Title VII of the Civil Rights Act, which requires employers to accommodate the religious practice of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” The District Court granted summary judgment to USPS.

Construction 52

Construction Court Constitutional Law Court Decisions 52

Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

Statute 52

Statute Litigating Litigation Cause of Action 52

At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. ” The court also granted review in Los Angeles Unified School District v. .” Superior Court (2004) 123 Cal.App.4th

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Court Punitive Damages Statute Immigration 40

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. You will not be working a 9-to-5 job Litigation often involves tight deadlines and urgent tasks that are dictated by court orders.

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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] affirmance rate.

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