ClimateChange-ClimateLaw

AUGUST 6, 2024

One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the merits. Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court.

Construction 64

Construction Court Litigation Litigating 64

SCOTUSBlog

APRIL 14, 2023

Jean Francois Pugin has been living in the United States since 1985, when he came to the country as a legal permanent resident. Fernando Cordero-Garcia has been living in the United States since 1965, when he entered as a legal permanent resident. An immigration judge agreed and ordered Pugin removed.

Immigration 117

Immigration Statute Felony Court 117

SAV Paralegal Services

JUNE 14, 2021

The battle between two legal systems in Ontario exploded with a new force. It is a well-known fact that there are two different sources of employment law: common law and statutes. Such layoffs are not to be treated as constructive dismissal. Ocular Health Centre Ltd., In another recent case, Taylor v Hanley Hospitality Inc.,

Construction 52

Construction Paralegal Services Laws Paralegal 52

JURIST

SEPTEMBER 21, 2022

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Human rights experts across the world have accused Russia of genocide during its invasion of Ukraine.

Statute 104

Statute Contract Construction Court 104

Day on Torts

FEBRUARY 10, 2022

19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. The dispositive issue on appeal was whether the trial court correctly granted the motion to dismiss based on the statute of limitations. In Coffee County v.

Legal 59

Legal Legal Tort Statute 59

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.”

Statute 104

Statute Construction Government Legal 104

SCOTUSBlog

JANUARY 15, 2022

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. Under applicable precedent, if the statute makes the 30-day time limit jurisdictional, then equitable-tolling claims are barred.

Statute 112

Statute Construction Court Drafting 112

SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. Justice Stephen Breyer suggested that Patel’s position has “legal virtue.” Don’t those two presumptions kind of cancel each other out, and we’re left with just reading the statute as it’s written?”

Immigration 142

Immigration Court Statute Government 142

SCOTUSBlog

DECEMBER 3, 2021

Congress designed adjustment of status to require a person to first meet precise eligibility requirements that include a showing they entered the United States lawfully, are in a qualifying legal category (i.e., Cardoza-Fonseca , Patel uplifts the doctrine of interpreting ambiguities in a statute in favor of the noncitizen.

Immigration 145

Immigration Statute Government Court 145

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.

Statute 104

Statute Construction Court Administrative Law 104

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. Court of Appeals for the 9th Circuit was willing to excuse the relevant notice only if the delinquent taxpayer had some legal interest or title in the object of the summons.

Statute 104

Statute Legal Legal Law Firm 104

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

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

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.

Construction 94

Construction Statute Law Firms Law Firm 94

ClimateChange-ClimateLaw

SEPTEMBER 29, 2021

Professor Michael Gerrard gave a presentation about the legal and procedural issues that would be involved. Note: On September 26, 2019, the Vanuatu Permanent Mission to the United Nations hosted a workshop on seeking an advisory opinion on climate change from the International Court of Justice.

Legal 85

Legal Legal Court Construction 85

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. These suits were brought forward through a unique legal mechanism called ‘ Acción de Cumplimiento ’ (roughly translated as compliance action). Among the main legal statutes are: Law 164 of 1994 on the UNFCCC.

Legal 83

Legal Legal Laws Government 83

Patently O

JUNE 15, 2021

Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624). . Exactions and frauds, in all the forms which rapacity can suggest, are daily imposed and practised under the pretence of some legal sanction. Van Ness argues that the U.S.

Statute 92

Statute Manufacturing Construction Laws 92

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

Construction 101

Construction Statute Felony Court 101

Patently O

MAY 20, 2022

using the data model to construct a client application also with the user interface paradigm. ” During claim construction, Microsoft had asked for the term to be construed as meaning “no human labor required.” Microsoft’s counsel then asked, “Can we resolve the claim construction issue?”

Construction 80

Construction Litigation Litigating Statute 80

SCOTUSBlog

DECEMBER 10, 2020

At argument, the justices principally appeared frustrated by the statute, if for different reasons. He argued that usual rules of grammar and statutory construction require the phrase “using a random or sequential number generator” to apply to both verbs, “store” and “produce.”

Technology 104

Technology Statute Court Government 104

Paralegal-Edu.Org

APRIL 26, 2024

In the intricate scene of the legal sphere, attorneys are the ones who mostly grab all the attention due to famous trials and their outcomes, TV shows, movies, and let’s face it, their income. This is why paralegals are the unsung heroes of the legal profession.

Paralegal 76

Paralegal Paralegals Legal Assistant Legal Assistance 76

At the Lectern

APRIL 9, 2024

Solicitor General Seth Waxman and three of his colleagues at WilmerHale; the American Civil Liberties Union of Northern California; the American Civil Liberties Union Capital Punishment Project; and the NAACP Legal Defense and Educational Fund. California’s Constitution contains its own equal protection provision. Rule 8.487 (a)(1).)

Court 92

Court Statute Construction Education 92

JonathanTurley

JUNE 20, 2024

However, Wisconsin has strong protections for home owners, including statutes expressly stating that the power of eminent domain must be “ strictly construed ” against the government. Moreover, there is a statute that expressly bars the use of eminent domain to take property to for “pedestrian way[s].”

Court Rules 67

Court Rules Statute Court Construction 67

The IP Law Blog

MAY 7, 2021

And regardless, even if Hytera did not know it at the time it brought the case, Motorola also claimed that Hytera failed in its duty by continuing to rely solely on theories that were unsupportable under the claim construction that was adopted by the Court. However, they were not entirely baseless or frivolous.

Court 94

Court Litigation Litigating Construction 94

SCOTUSBlog

JUNE 4, 2021

411(b) , asking the justices to clarify when the statute requires lower courts to refer copyright-registration disputes to the U.S. The author argues against this narrow construction, reasoning that copyright management information can even exist in codes or symbols that are indecipherable to humans yet still worthy of legal protection.

Law Firms 110

Law Firms Law Firm Government Legal 110

SCOTUSBlog

JUNE 22, 2022

The legal issue quickly emerging under the law was that the disparate treatment of causation — a causation presumption in favor of employees — was explicitly applied only to the employees of federal contractors.

Laws 104

Laws Government Construction Statute 104

Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. quoting Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Broadcast Law Blog

FEBRUARY 13, 2022

Applications or authorizations for those reserved channels did not result in the construction of new noncommercial stations, so the FCC has decided to remove the noncommercial reservation and make those channels available for commercial use in a future FM auction. We wrote in more detail about these changes, here. ( Federal Register ).

Construction 105

Construction Legal Legal Government 105

Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Supreme Court’s decision in Chevron U.S.A. Natural Resources Defense Council , 467 U.S. Issues Before the Supreme Court In Relentless, Inc.

Statute 52

Statute Construction Contract Court 52

Patently O

NOVEMBER 22, 2023

Although MPF claims may seem broad on their face, the statute limits their scope to cover only the corresponding structures disclosed in the patent document (the specification) and their equivalents. ” The decline in MPF claims can be linked to several legal decisions and changes in patent doctrine. Citrix Online , LLC, 792 F.3d

Construction 64

Construction Technology Statute Drafting 64

SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

Stare Decisis 97

Stare Decisis Administrative Law Statute Government 97

SCOTUSBlog

NOVEMBER 3, 2023

Under the federal statute governing these contracts, tribes can then keep third-party insurance revenue so long as they spend it on health care. To comply with both its Indian Health Service contract and the federal statute, the court of appeals explained, the tribe has to spend revenue from third parties on health care programs.

Government 87

Government Contract Statute Construction 87

SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. Plain text of the statute. ZF did not achieve a knock-out win based on the plain text of the statute.

Government 98

Government Statute Court Legal 98

Patently O

MAY 25, 2021

Except with regard to venue, jurisdictional, and claim construction-related discovery, all other discovery is stayed until after the Markman hearing. Thus, the question appears to be whether a recently closed business still counts as a “regular and established place of business” for venue purposes under the statute.

Construction 76

Construction Statute Court Legal 76

FDA Law Blog

JULY 7, 2021

In a 2-1 decision issued on July 6, 2021, the court granted the petitions for review and vacated FDA’s rule on the ground that FDA did not have legal authority to ban an otherwise legal device for a particular use. In April 2020, JRC and the parents and guardians of its patients petitioned the D.C.

Statute 52

Statute Construction Court Drafting 52

SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Hetronic International, Inc. involves the international reach of the Lanham Act, which provides civil remedies for infringement of U.S. trademarks. 14 and Oct. 28 conferences).

Government 115

Government Construction Court Statute 115

Constitutional Law Reporter

APRIL 4, 2023

“Best read, the BSA treats the failure to file a legally compliant report as one violation carrying a maximum penalty of $10,000, not a cascade of such penalties calculated on a per-account basis,” Justice Neil Gorsuch wrote on behalf of the majority. Instead, the relevant legal duty is the duty to file reports.”

Court 59

Court Statute Government Calendaring 59