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.

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JURIST

JULY 4, 2024

.” Patil emphasized the need for clarity in these legal constructs to prevent potential misuse and uphold constitutional protections.

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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.

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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.”

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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.

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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?”

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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.

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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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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.

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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.

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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.

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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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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.

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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.

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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?”

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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.”

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ClimateChange-ClimateLaw

APRIL 10, 2025

CDR projects, in which the seaweed is sunk, may raise a different set of legal issues. Federal Laws There are three key federal statutes the Marine Protection, Research, and Sanctuaries Act (MPRSA), the Clean Water Act, and the Rivers and Harbors Act (RHA) which are likely to apply to seaweed CDR projects in addition to state law.

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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. Further, it is immediately preceded by a legal holiday on Thursday (Thanksgiving). Fredrick v. State, 181 Ga.

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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.

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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.

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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].”

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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.

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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.

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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.

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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 ).

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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.

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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

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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.

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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.

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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.

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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.

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Statute Construction Court Drafting 52

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.”

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ClimateChange-ClimateLaw

NOVEMBER 6, 2023

It seemed that the plaintiffs were impliedly arguing that, since the two laws both relate to emissions reductions, the local law must be preempted, but this is not the full legal test. Three legal concepts are at play here. The court quickly dispenses with the plaintiffs’ argument.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Under the overbreadth doctrine, if the challenger demonstrates that the statute “prohibits a substantial amount of protected speech” relative to its “plainly legitimate sweep,” then society’s interest in free expression outweighs its interest in the statute’s lawful applications, and a court will hold the law facially invalid.

Immigration 52

Immigration Court Statute Construction 52

ClimateChange-ClimateLaw

MARCH 29, 2023

The advisory opinion represents an opportunity to clarify the legal obligations of States with respect to climate change. The rich jurisprudence developed worldwide and the links between human rights and climate change identified by domestic courts will likely be leveraged in the ICJ’s analysis of the legal questions posed.

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

The Sabin Center’s Renewable Energy Legal Defense Initiative provides pro bono legal counsel to community members who support renewable energy projects.) . These permitting decisions may then subject transmission lines to NEPA, among other statutes. . Three Regulatory Regimes. Three Recent Pipeline Setbacks.

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The Crime Report

JULY 22, 2021

Lies about law involve lawyers twisting statutes until they no longer represent the original law. To that end, Johnson says while they can be transparent and help individuals and construct fair pleas, they cannot change the law.

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