Broadcast Law Blog

SEPTEMBER 21, 2021

Facially, the service looked much like that offered by Aereo, which the Supreme Court determined seven years ago violated federal copyright law by retransmitting TV stations without first obtaining the consent of the copyright holders (see our article here on the Aereo Supreme Court decision).

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ClimateChange-ClimateLaw

MARCH 6, 2025

This blog post discusses the case and its implications for future climate litigation and policy in Czechia. First Dismissal by the Supreme Administrative Court In February 2023, the Supreme Administrative Court of the Czech Republic overturned the Prague Municipal Courts decision and returned the case for further proceedings.

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Law 360

JULY 9, 2024

Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine. The net result of the U.S.

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Litigation Litigating Court Decisions Government 52

SCOTUSBlog

DECEMBER 12, 2024

The question before them is whether to uphold the judgment of a lower court that awarded damages for profits earned not only by the entity named as a defendant in the lawsuit, but also by several other entities that were not parties to the litigation.

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Real Estate Court Decisions Government Court 99

ClimateChange-ClimateLaw

MARCH 27, 2025

The Act includes a provision that preempts state and local governments from setting standards concerning the energy efficiency, energy use, or water use of products regulated by EPCA. Now, with improved legal support, local governments may be more empowered to reconsider those building decarbonization ordinances.

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Law 360

JUNE 20, 2023

Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.

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JURIST

DECEMBER 17, 2020

Board of Regents of the University of Oklahoma , the court held that the NCAA could, in the interest of preserving the character and quality of college sports, impose restrictions upon players that would otherwise breach antitrust laws. ” The court also granted certiorari in TransUnion LLC v.

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Law 360

DECEMBER 19, 2024

Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

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Conflict of Laws

OCTOBER 28, 2023

This includes (i) the law that is applicable to the merits of the dispute, (ii) the institutional rules that govern the conduct of the arbitration, (iii) law that governs the arbitration agreement, including its interpretation, generally referred to as the ‘proper law of the arbitration agreement’. Public policy of which state? –

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SCOTUSBlog

JANUARY 10, 2022

government deported him to Mexico. The government reinstated his prior removal order. While the Supreme Court has never set a bright-line test on when a detainee is entitled to a bond hearing, the U.S. The Supreme Court will now review those decisions. After one such entry, the U.S. Rodriguez and Johnson v.

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Immigration Statute Government Court 144

ClimateChange-ClimateLaw

JULY 12, 2022

The first week of July 2022 brought on several major developments in climate litigation in the Netherlands, with possibly significant ramifications for a new type of global climate litigation. This “splash” of misleading advertisement cases (rather than a “wave”) seems to be a fairly new phenomenon in climate litigation.

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Litigation Litigating Court Legal 56

JURIST

JANUARY 25, 2023

The Supreme Court of India Friday dismissed a plea challenging the Caste Census initiated in the Indian state of Bihar. By terming the Public Interest Litigation (PIL) a “Publicity Interest Litigation,” the Supreme Court lent its tacit approval to the caste census.

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SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples.

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Government Contract Statute Education 119

SCOTUSBlog

JUNE 4, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether the 2nd Circuit’s decision in December granting the state an early-stage victory in the litigation ran afoul of the Second Amendment. Agreeing with the challengers, the lower courts put different parts of the law on hold.

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Laws Court Litigation Litigating 111

FDA Law Blog

DECEMBER 7, 2023

Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. FTC Supreme Court decision stripping FTC of its ability to obtain restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act. By Steven J.

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FDA Law Blog

SEPTEMBER 29, 2021

Manufacturers may choose not to participate in this program, but the federal government will not reimburse for their outpatient drugs under Medicaid or Medicare Part B if they do not. A 2018 report by the Government Accountability Office (“GAO”) found similar issues, as well as contract pharmacy noncompliance and poor federal oversight.

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Litigation Litigating Manufacturing Contract 52

ClimateChange-ClimateLaw

DECEMBER 21, 2021

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

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SCOTUSBlog

APRIL 22, 2022

Share The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. Nance committed a murder after a botched bank robbery, and he was sentenced to death in 1997.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. While a handful of local prohibitions fall within the Ninth Circuit decision’s scope, many more do not. Options that remain available to local governments are addressed in the next section.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision. Eva Balounová *.

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Hoban Law Group

APRIL 13, 2021

The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list.

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Drafting Statute Government Court Decisions 105

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.

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SCOTUSBlog

FEBRUARY 21, 2022

Some background about the general compromise that governs that problem sets the stage for this dispute. In 1968, Congress transferred the federal government’s trust responsibility for the Pueblo to the state of Texas, following a similar action it had taken in 1954 for a much larger reservation held by the Alabama-Coushatta in East Texas.

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SCOTUSBlog

MAY 28, 2021

The case involves the costs of appellate litigation. Under the “American Rule,” the prevailing party in litigation in the United States ordinarily must pay its own attorney’s fees, absent some statute that calls for a different outcome. Conversely, the prevailing party typically is reimbursed for many of the other costs of litigation.

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ClimateChange-ClimateLaw

MARCH 21, 2022

However, despite allowing the Minister’s appeal, the Court rejected the Minister’s argument that the primary judge made findings based on evidence of climate change that were unfounded. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal Court Decision .

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The government again seeks review of the 9th Circuit’s holding. Two years ago, in United States v. Next up is Polselli v.

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Immigration Court Statute Law Firms 101

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. The trial court denied Tekoh’s motion and admitted his statement.

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ClimateChange-ClimateLaw

NOVEMBER 22, 2022

In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter of human rights and calling on the Indonesian government to take stronger action. Indonesia , as well as recent developments of the case. The human rights complaint.

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Broadcast Law Blog

JULY 1, 2021

But it also includes questions including whether to do away with the dual network rule prohibiting the common ownership of two of the top 4 TV networks, and whether to adopt specific criteria to govern when ownership combinations of two of the Top 4 TV stations in any market will be allowed (the review is a case-by-case review now).

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Litigation Litigating Court Decisions Government 56

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. 24, 2016).

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Patently O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. Because of that heavy threshold, a CVSG is typically seen as an important signal that the court is likely to grant certiorari. ” Eligibility : American Axle v. VLSI Technology LLC.

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FDA Law Blog

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Litigation Litigating Statute Manufacturing 59

FDA Law Blog

OCTOBER 7, 2024

Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. H&P specifically relies on the Supreme Court decision in Jarkesy , as well as the 2023 Supreme Court decision in Axon Enterprise, Inc. In Huff and Puffers v. Constitution. FTC , 598 U.S.

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Court Decisions Litigation Litigating Court 59

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Three trials the district court selected as non-binding “bellwether” trials resulted in plaintiff verdicts. Below we briefly discuss those 14 cases. du Pont de Nemours & Co.

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Constitutional Law Reporter

JUNE 5, 2024

The Government also later provided McIntosh with a pretrial bill of particulars that included as property subject to forfeiture $75,000 in cash and a BMW that McIntosh purchased just five days after one of the robberies. After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing.

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