JURIST

JANUARY 25, 2024

Although the ICJ’s decision is final and binding on Malaysia, the Malaysian government applied for revision of the judgment in 2017 based on the discovery of new facts, pursuant to Article 61 of the Statute of the International Court of Justice. However, the then Prime Minister Mahathir Mohamad dropped the application in 2018.

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Government Construction Statute Court 192

SAV Paralegal Services

JUNE 14, 2021

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal.

Construction 52

Construction Paralegal Services Laws Paralegal 52

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

City of New York , a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019 , New York City’s building performance standard to reduce greenhouse gas emissions from the City’s largest buildings. The court holds that the CLCPA does not preempt Local Law 97.

Laws 135

Laws Court Government Construction 135

Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

Statute 59

Statute Tort Construction Court 59

SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. On Monday, the court will hear argument in a pair of cases, Pugin v. Garland and Garland v.

Immigration 111

Immigration Statute Felony Court 111

SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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Statute Construction Felony Law School 87

SCOTUSBlog

JUNE 22, 2022

Share The Supreme Court on Tuesday unanimously struck down a Washington state law that was aimed at helping federal contract employees get workers’ compensation for diseases arising from cleaning up nuclear waste. The case, United States v. This concept is popularly known as “intergovernmental immunity.”.

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Laws Government Construction Statute 101

Day on Torts

FEBRUARY 17, 2022

Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. internal citation omitted). internal citation omitted).

Construction 59

Construction Tort Statute Court 59

JayS.Rothman&Associates

MARCH 31, 2023

Constructive Discharge in Violation of Public Policy A constructive discharge claim in California refers to a situation where an employer’s misconduct effectively forces an employee to resign. There are several elements that an employee must prove in order to succeed in a constructive discharge claim.

Construction 40

Construction Laws Attorney Legal 40

Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Qualcomm Incorporated , No. 35 U.S.C. §

Laws 95

Laws Court Litigation Litigating 95

ClimateChange-ClimateLaw

APRIL 10, 2025

A new Sabin Center report explores the laws governing seaweed cultivation and sinking for CDR in Alaska. Seaweed cultivation and sinking are regulated by a number of different laws at the state and federal levels. These laws are administered by the Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACE).

Construction 59

Construction Statute Laws Government 59

SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. 1252(a)(2)(D), a provision of a 2005 law known as the REAL ID Act, to argue that only questions of law or constitutional claims may be reviewed by a federal court. a green card).

Immigration 138

Immigration Court Statute Government 138

SCOTUSBlog

OCTOBER 3, 2022

Yet, if a veteran fails to apply for those benefits within a year of discharge, they stand to lose thousands of dollars because the law currently does not permit equitable tolling – the doctrine that allows individuals, in some circumstances, to pursue a claim after a statutory deadline has expired. In Irwin v.

Statute 106

Statute Government Diligence Court 106

SCOTUSBlog

JANUARY 15, 2022

a law firm, sent a petition one day late to request review in the U.S. The question in Boechler is whether the statute bars a taxpayer who missed the deadline from asserting equitable tolling, which allows courts to excuse missed deadlines in some circumstances. Advocates quickly dove into the details of sentence construction.

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Statute Construction Court Drafting 108

SCOTUSBlog

MARCH 28, 2023

1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech. The justices first questioned Fletcher on how to interpret the law. Hansen when the Supreme Court heard argument on whether 8 U.S.C.

Immigration 97

Immigration Laws Statute Government 97

Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §

Construction 52

Construction Tort Statute Court 52

Broadcast Law Blog

APRIL 3, 2022

As federal licensees, because of the federal criminal statute, broadcasters have been advised to avoid marijuana advertising, even as the states in which they operate have relaxed their marijuana laws. Then the President would have to sign the bill. The permittee faces a $6,500 fine for these violations.

Construction 108

Construction Felony Statute Technology 108

SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. HHS’s arguments are primarily based on other sections of the Medicare statute which use the phrase “entitled to.”

Statute 102

Statute Construction Court Administrative Law 102

JURIST

SEPTEMBER 28, 2021

The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.” Islamic State – Khorasan Province claimed responsibility for the attack shortly thereafter.

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Statute Construction Government Legal 104

SCOTUSBlog

DECEMBER 3, 2021

Congress created a process known as “adjustment of status” so that immigrants physically present in the United States could change their status to that of a lawful permanent resident (i.e., The Supreme Court will hear oral argument in the case on Monday. a green card holder) without having to leave the United States. citizenship.

Immigration 145

Immigration Statute Government Court 145

SCOTUSBlog

NOVEMBER 4, 2022

De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. He became a lawful permanent resident after marrying a U.S. A list of all petitions we’re watching is available here. In its 1951 decision in Jordan v. citizen the following year.

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Construction Court Immigration Statute 81

Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. deference to reasonable agency interpretations of ambiguous statutes) in Loper Bright Enterprises v. Guest post by Arti K.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

SCOTUSBlog

JANUARY 23, 2023

The problem for Arellano was that a federal statute, 38 U.S.C. Court of Appeals for the Federal Circuit found that equitable tolling was not available to Arellano, but was split on whether the Section 5110(b)(1) was a statute of limitations, which presumes the availability of equitable tolling. The court also looked to United States v.

Court 112

Court Statute Construction Law School 112

SCOTUSBlog

DECEMBER 1, 2021

And while oral argument mainly involved a technical discussion about statutory meaning, several of the conservative justices toyed with the possibility of abandoning Chevron deference — the principle that the courts will defer to an agency’s reasonable interpretation of the statute that it administers.

Statute 108

Statute Construction Court Government 108

SCOTUSBlog

APRIL 21, 2021

922(g) , the federal statute making it a crime for a convicted felon to possess a firearm, applies only to people who know they are “felons” within the meaning of that law. Jeffrey Fisher, a Stanford law professor representing Gary, defended the 4th Circuit’s structural-error approach.

Criminal Law 106

Criminal Law Laws Felony Government 106

ClimateChange-ClimateLaw

APRIL 18, 2023

The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings. Clean Air Act, not EPCA.

Construction 122

Construction Government Legal Legal 122

Patently O

APRIL 15, 2021

The case does not expressly decide any patent law issues, but does provide some guidance as to how courts should approach mixed questions of law and fact (such as claim construction) and the right to a jury trial. The court made no determination as to whether the API was actually copyrightable in the first place.

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Laws Court Technology Construction 83

Patently O

JANUARY 17, 2022

patent law. Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent.

Manufacturing 122

Manufacturing Litigation Litigating Statute 122

Day on Torts

FEBRUARY 16, 2022

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

Tort 59

Tort Construction Statute Court 59

SCOTUSBlog

MAY 19, 2023

The plain language of the statute, the court found, does not require that the delinquent taxpayer have a legal interest in the records summoned by the IRS. Morgan Chase, demanding records regarding the bank accounts of Polselli’s wife, Hanna, and his law firms. In Polselli v. The district court, and later the U.S.

Statute 102

Statute Legal Legal Law Firm 102

SCOTUSBlog

DECEMBER 10, 2020

On Tuesday, for the second time this year, the Supreme Court heard oral argument on the federal law that bans robocalls to cellphones. At argument, the justices principally appeared frustrated by the statute, if for different reasons. Consider a law that says, “It is illegal to stab or shoot another person using a firearm.”

Technology 102

Technology Statute Court Government 102

ClimateChange-ClimateLaw

MARCH 18, 2021

Win with Wind is a client of the Renewable Energy Legal Defense Initiative (“RELDI”), a joint effort by the Sabin Center and the law firm of Arnold & Porter to provide pro bono legal counsel to groups and individuals who support renewable energy projects in their communities.

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Construction Statute Law Firm Law Firms 94

Patently O

APRIL 3, 2023

The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute. In my view, this result better aligns with both tradition and the reading of the statute.

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Diligence Statute Construction Court 113

JonathanTurley

NOVEMBER 19, 2022

In fairness to Judge Cox, the opinion below makes a creative case for such a construction. Yet, despite this well-written decision, I still believe that the court is wrong to ignore the plain meaning of the statute. However, I do think that this is a reasonable, if mistaken, take of the state law.

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Statute Construction Court Laws 70

The IP Law Blog

MAY 7, 2021

1749 (2014), a case is exceptional if under the totality of the circumstances “it stands out from others with respect to the substantive strength of a party’s litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated.”

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Court Litigating Litigation Construction 94

Constitutional Law Reporter

AUGUST 22, 2023

Hetronic manufactures remote controls for construction equipment. As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”

Laws 52

Laws Statute Construction Court 52

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Law 629 of 2000 on the Kyoto Protocol.

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Legal Legal Laws Government 83