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

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

SCOTUSBlog

JUNE 20, 2023

.” Justice Ketanji Brown Jackson’s concise opinion for the court opted for a simple and literal construction of the statute’s language. And Congress put subsection (j) in a different subsection of the statute.” It could have mandated harsher punishment under subsection (j) than under subsection (c).

Statute 97

Statute Prima Facie Case Court Government 97

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

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

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

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 63

Construction Court Litigating Litigation 63

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

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

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

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 89

Statute Construction Felony Law School 89

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 116

Immigration Statute Felony Court 116

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

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

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

Mondaq

DECEMBER 8, 2021

3)(c) by eliminating the current statute of repose for latent claims. A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla.

Statute 40

Statute Construction 40

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

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

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 Diligence Court 110

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

SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. Meehan responded that once the court applies all the possible canons of statutory construction, it should conclude that the statute “must mean the overall denial of relief.” a green card).

Immigration 141

Immigration Court Statute Government 141

SCOTUSBlog

DECEMBER 11, 2024

The case arises from two major government construction projects in the Philadelphia area. Stamatios Kousisis, Alpha Painting and Construction, and their business partners submitted the lowest bids for both projects. Kousisis was sentenced to 70 months in prison, while Alpha as required to forfeit its profits and pay a $500,000 fine.

Government 105

Government Contract Statute Construction 105

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

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

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

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.

Statute 117

Statute Legal Legal Court 117

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

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

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

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 117

Court Statute Construction Law School 117

SCOTUSBlog

OCTOBER 10, 2022

The question that the justices will consider in Reed’s case is when the statute of limitations to pursue a federal civil rights claim begins to run. He contends that the basis for his claim – the TCCA’s “authoritative construction” of the DNA-testing law – didn’t exist until then.

Statute 110

Statute Construction Litigation Litigating 110

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

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

Legal 138

Legal Legal Court Statute 138

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 116

Personal Injury Court Personal Injury Lawyer Tort 116

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

Statute 137

Statute Construction Court Felony 137

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 84

Construction Court Immigration Statute 84

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). . There are now not less than sixty patents for stoves, pretended to be constructed upon different principles. Van Ness argues that the U.S.

Statute 92

Statute Manufacturing Construction Laws 92