Patently O

MARCH 2, 2021

Rain and Samsung agree that this case comes down to claim construction. And, as typical, the patentee is attempting to thread the needle with a construction that is broad enough to be infringed, but narrow and specific enough to avoid invalidation. This rendered the separate non-infringement related claim construction moot.

Construction 97

Construction Statute Court 97

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

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

Statute 59

Statute Construction Cause of Action Misdemeanor 59

At the Lectern

NOVEMBER 10, 2023

So, it’s an appropriate time to remember that Justice Goodwin Liu issued a 2021 separate statement exposing a gap in a veteran-specific sentencing statute and that the Legislature responded with corrective legislation. The following year, the Legislature accepted the constructive judicial criticism. Valliant (2020) 55 Cal.App.5th

Statute 45

Statute Construction Court 45

JURIST

OCTOBER 16, 2023

The challenged statute, N.C. The text of the statute covered actions such as unauthorized removal of data or documents, capturing of images, “intentionally” placing unattended recording devices on employer premises or substantially interfering with the employer’s ownership of the property.

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

Construction 59

Construction Tort Statute Attorney 59

Patently O

JULY 19, 2022

The appellate decision altered claim construction and told the PTAB to try its analysis again with the new construction. Not Literally Disclosed : On remand, the patent challenger TCT successfully shifted its argument based upon the Federal Circuit’s new claim construction. I call this the not-literally-disclosed ground.

Construction 56

Construction Statute Court 56

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

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. Ocular Health Centre Ltd.,

Construction 52

Construction Paralegal Services Laws Paralegal 52

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

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

JURIST

AUGUST 5, 2022

According to the ICJ, under Article 63 of the Statute of the Court , states may intervene in proceedings if the outcome will bind them. Until today, the UK has declined to intervene or officially label Russian aggression in Ukraine a genocide. Russia ) [link] pic.twitter.com/3C6OJPPiZx. CIJ_ICJ (@CIJ_ICJ) August 5, 2022.

Statute 196

Statute Construction Court Legal 196

JURIST

OCTOBER 20, 2022

Russian Federation under Article 63 of the ICJ Statute. Article 63 of the Statute of the ICJ , stipulates “the right to intervene in the proceedings,” with the caveat that “the construction given by the judgment will be equally binding” upon an intervening State, not just the States directly party to the dispute.

Statute 239

Statute Construction Court Legal 239

JURIST

MAY 17, 2024

The state must mandatorily comply with the procedure that has been provided under the statute for an acquisition to be valid under Article 300A. The court ruled in favour of the petitioner, instructing the corporation to investigate the encroachments and prohibiting any further construction on the property.

Court 211

Court Construction Court Rules Statute 211

JURIST

JUNE 8, 2022

The Ninth Circuit concluded that Vasquez-Borjas’ interpretation of the statute was unsupported and “accept[ed] California’s construction of its own law and conclude[d] that intent to defraud is a necessary element of all convictions under Section 472.”

Immigration 197

Immigration Construction Statute Government 197

Patently O

OCTOBER 23, 2023

Although a “means for holding hot coffee” appears potentially broader than claiming a “ceramic mug,” the statute itself places key limits on the scope of these so-called “means plus function” claims. 35 U.S.C. §

Construction 72

Construction Technology Court Drafting 72

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.

Statute 77

Statute Construction Felony Law School 77

Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

Stare Decisis 52

Stare Decisis Court Statute Construction 52

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.

Government 192

Government Construction Statute Court 192

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

SCOTUSBlog

APRIL 14, 2023

The 9th Circuit emphasized that the BIA’s interpretation of the statute “raises grave doubts about whether INA is unconstitutionally vague.” They urge the justices to stop there to avoid “a maximally severe approach” to interpreting a statute with criminal and removal consequences.

Immigration 109

Immigration Statute Felony Court 109

Patently O

MAY 5, 2022

In particular, the statute required the inventor to provide “a written description of [the] invention, in such full, clear, and exact terms, as to enable any person skilled in the art or science to which it appertains, to make and construct the same.” The Patent Act of 1836 included the language now found in 35 U.S.C.

Statute 93

Statute Construction 93

Patently O

JULY 24, 2024

deference to reasonable agency interpretations of ambiguous statutes) in Loper Bright Enterprises v. But the claim construction regulation that the Court upheld as reasonable in Cuozzo is of course different from the regulation currently in place. And the text says nothing at all about claim construction standards specifically.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

SCOTUSBlog

OCTOBER 16, 2024

The text of the civil RICO statute, the companies argued at the Supreme Court, unlike its criminal counterpart, plainly requires a plaintiff to be “injured in his business or property.” That rule of construction, she said, suggests that in the event of any doubt the court should permit Horn’s suit to proceed.

Personal Injury 103

Personal Injury Court Personal Injury Lawyer Tort 103

At the Lectern

APRIL 27, 2023

” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit.

Finance 45

Finance Construction Court Contract 45

JURIST

MARCH 26, 2024

In a US Court of Appeals for the Ninth Circuit decision , the court found that third-party reimbursements could not be excluded under its statute. The statutory language that the IHS attributes is for direct costs and not necessarily for indirect costs, for example, building construction, as opposed to medical ambulatory services.

Contract 118

Contract Healthcare Court Construction 118

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. In Loper Bright Enterprises v. Raimondo , the D.C.

Statute 52

Statute Construction Contract Court 52

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

OCTOBER 3, 2022

Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v.

Statute 110

Statute Government Court Diligence 110

Mondaq

OCTOBER 19, 2021

It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation.

Statute 40

Statute Construction 40

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.

Statute 104

Statute Construction Government Legal 104

Law Prose

FEBRUARY 28, 2024

Consider three such statements in cases involving statutory construction: A statute authorizing removal from office for “incompetence, improper conduct, or other inadequate performance” should apply only to matters relating to the incumbent’s fitness for office.

Statute 52

Statute Construction 52

Patently O

AUGUST 1, 2024

In particular, the court refused to delve into the claim construction issue because the briefing failed to explain how a narrower construction would have altered the result. Unified argued that Voice Tech forfeited its claim construction arguments by not including those arguments in its request for rehearing before the PTAB.

Construction 49

Construction Court Statute Technology 49

Patently O

JULY 2, 2024

261 (2016) provided the patent office with Chevron deference for its determinations regarding AIA trials, including issues such as its approach to claim construction. When reason why it is so big is that Chevron deference is premised on ambiguity in the statute. The Loper decision : In Loper Bright Enterprises v. Raimondo , 603 U.S.

Stare Decisis 49

Stare Decisis Statute Construction Administrative Law 49

SCOTUSBlog

NOVEMBER 4, 2022

Issues : (1) Whether courts can defer to the construction of a statute by the Department of Veterans Affairs without first considering whether the statute permits a pro-veteran construction pursuant to the pro-veteran canon; and (2) whether Chevron U.S.A.

Construction 99

Construction Court Immigration Statute 99

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 105

Statute Construction Court Drafting 105

Gravel2Gavel

JANUARY 25, 2022

by Pillsbury's Construction & Real Estate Law Team. Pillsbury illustrated the California eligibility statutes in the comprehensive Gravel2Gavel post and chart, cited in the report and available here.

Real Estate 52

Real Estate Construction Statute Attorney 52