Patently O

JULY 16, 2024

the Federal Circuit addressed the scope of a district court’s inherent authority to investigate potential litigation misconduct. District Court for Delaware uncovered a scheme involving shell companies like Nimitz Technologies, Mellaconic IP, and Lamplight Licensing. But LaPray is in Texas, nowhere near Delaware.

Litigation 48

Litigation Litigating Attorney Finance 48

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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Court Statute Lawyer Lawyers 52

FDA Law Blog

FEBRUARY 5, 2023

Six district courts presided over these decisions. AstraZeneca won in the District of Delaware, while Sanofi Aventis and Novo Nordisk lost at the District of New Jersey. Both courts found the statute to be ambiguous, but only the Delaware court vacated HRSA’s penalties; the New Jersey court remanded the issue to HRSA.

Contract 52

Contract Statute Manufacturing Court 52

Patently O

JUNE 21, 2024

by Dennis Crouch A second amicus brief has been filed – this one from the Intellectual Property Owners Association (IPO) – encouraging the Supreme Court to grant certiorari in Cellect, LLC v. The case concerns the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § Vidal , No. Compare Allergan USA, Inc.

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Court Statute Law Firm Law Firms 52

At the Lectern

SEPTEMBER 16, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Forum selection : The court agreed to hear Gerro v. ” Uncommonly for a civil case, review comes after an unpublished opinion , this one by the Second District, Division One, Court of Appeal. The court granted review in In re Z.O.

Court 56

Court Statute Cause of Action Laws 56

JonathanTurley

OCTOBER 11, 2021

Common Pleas Court Judge Paula Patrick issued an order on Friday that Mayor Jim Kenney and the city of Philadelphia must remove the plywood box covering a statue of Christopher Columbus. The court’s rulings puts it at odds with city licensing board that upheld a July 2020 decision by the city historical commission to remove the statue.

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Statute Court 36

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S. New Jersey.

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SCOTUSBlog

JUNE 14, 2022

Share With two dozen cases from its 2021-22 term still undecided, the Supreme Court on Tuesday released the first argument calendar for its 2022-23 term. Court of Appeals for the 9th Circuit used the correct test to determine whether wetlands are “waters of the United States” for purposes of the Clean Water Act. Delaware v.

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Calendaring Statute Court Litigation 96

Constitutional Law Reporter

NOVEMBER 1, 2022

Supreme Court heard its first oral arguments of the 2022-2023 Term. The Court also welcomed new Justice Associate Justice Ketanji Brown Jackson to the bench for her first session of oral arguments. The Court also welcomed new Justice Associate Justice Ketanji Brown Jackson to the bench for her first session of oral arguments.

Constitutional Law 52

Constitutional Law Statute Court Government 52

Patently O

SEPTEMBER 5, 2023

Court of Appeals for the Federal Circuit recently declined to issue a writ of mandamus directing the U.S. District Court for the Eastern District of Texas (Judge Gilstrap) to dismiss a patent infringement lawsuit against Charter Communications based upon improper venue. by Dennis Crouch The U.S. In re Charter Commc’ns, Inc. ,

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Statute Court Legal Legal 70

Patently O

JULY 1, 2021

court to a more convenient forum (N.D.Cal.). The statute: For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.

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Statute Litigation Litigating Court 103

SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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Statute Stare Decisis Court Manufacturing 106

The IP Law Blog

NOVEMBER 17, 2022

In most instances, the courts have indicated that an employee’s home office is insufficient to establish venue absent the company ratifying that home office as a “regular and established place of business.” The district court disagreed with Monolithic and denied its motion. an employee’s home] to make it its own.”

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Work From Home Litigation Litigating Statute 98

FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). The currently pending lawsuits in federal court are AstraZeneca Pharmaceuticals v.

Manufacturing 52

Manufacturing Contract Statute Court 52

Patently O

FEBRUARY 21, 2022

Supreme Court 2022). This includes McLennan County, home of Waco Texas and Judge Albright’s court. This cutting-up of ownership rights is supported by old Supreme Court precedent as well as the Patent Act itself. Now, Ikorongo Texas has petitioned the Supreme Court for writ of certiorari. Samsung Electronics Co.,

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Litigation Litigating Technology Lawyer 89

Patently O

AUGUST 2, 2021

Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy). Section 1404(a) seems straight forward as providing a district court discretionary authority to transfer a case. Patent Nos. 1404(a). (a)

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Court Statute Litigation Litigating 90

Patently O

SEPTEMBER 20, 2022

The court sided with USPTO’s no-patent stance. Although the court cited several statutory justifications for its decision, the key factor came from the definitions found in 35 U.S.C. § ” The court concluded that the term “individual” is best interpreted as limited to a human being. Thaler , 43 F.4th

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Court Statute Laws Litigation 80

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. By that date, radio stations in Delaware and Pennsylvania must file a license renewal application.

Government 59

Government Legal Legal Statute 59

HowAppealing

AUGUST 10, 2023

“A Mississippi case leads US appeals court to strike down lifetime gun ban for drug users”: Margaret Baker of The Biloxi Sun Herald has this report. Lindsay Whitehurst of The Associated Press reports that “ Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case.”

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Court Statute Court Rules Laws 100

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware. by Dennis Crouch The U.S.

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Contract Court Statute Court Decisions 62

JonathanTurley

JUNE 12, 2024

Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. Here is the column: The conviction of Hunter Biden on all of the federal gun counts created a surprising new precedent in Delaware … for Hunter Biden. It is, again, an open-and-shut case.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Court Government Litigation Litigating 55

FDA Law Blog

MARCH 5, 2024

By Faraz Siddiqui — Last Friday, the Delaware District Court rejected AstraZeneca’s lawsuit against the Medicare Drug Price Negotiation Program enacted under the Inflation Reduction Act (IRA) and CMS’s guidance implementing it. contradicts the plain text of the statute and therefore must be set aside.” Opinion at 17.

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Court Statute Manufacturing Government 64

FDA Law Blog

SEPTEMBER 29, 2021

HRSA based its opinion on the statute and agency precedents over the last 25 years. Becerra , the company requested, but the Court refused to an administrative stay of these fines until the lawsuit was settled. According to AstraZeneca’s court filings, the fines alone would accrue to the tune of $530 million per month.

Litigation 52

Litigation Litigating Manufacturing Contract 52

At the Lectern

DECEMBER 14, 2023

At its conference yesterday, a double one, the Supreme Court ruled on a robust 164 matters. The court granted review in EpicentRx, Inc. ” The Supreme Court has a similar forum selection case under review — Gerro v. The Supreme Court denied review in Brooks. Actions of note included: Forum selection.

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Misdemeanor Court Entertainment Felony 45

JonathanTurley

AUGUST 16, 2023

That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. Bray, the Chief United States Probation Officer for the District of Delaware, never signed off on the agreement. Some of those crimes were allowed to expire under the statute of limitations.

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Statute Court Rules Attorney Court 37

SCOTUSBlog

JANUARY 14, 2022

District Court for the Southern District of New York rejected the states’ claims, ruling that the negative economic effects of the $10,000 cap were not so severe as to impermissibly coerce the states into changing their policies. The district court also ruled that a flat dollar cap on the deduction was not unlawful. United States.

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Court Manufacturing Statute Laws 104

Conflict of Laws

OCTOBER 29, 2021

A review of the case law suggests a strong tendency of the courts to apply the same choice-of-law rules applicable to private individuals. First , internal affairs of corporations tend to be excluded by the various international statutes aiming to harmonise the applicable law rules. [3] Here, different considerations seem to apply.

Government 40

Government Laws Contract Litigation 40

JonathanTurley

JUNE 22, 2024

The hope for a final pass to the Court ended with an 8-1 decision against the challenge to the federal gun law. ” For Hunter, the pass to the Supreme Court roughly 50 years later just missed in equally spectacular fashion. .” The Court found the federal statutes imposing a reasonable temporary limitation on this right.

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Court Statute Felony Laws 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

JANUARY 13, 2021

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). FEATURED CASE. 20-472 (U.S.

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Court Government Technology Assisted Review Litigation 52

SCOTUSBlog

JUNE 3, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the Biden administration’s vaccine mandate for health care workers, and a Turkish bank’s immunity claim. Issues : (1) Whether a law enforcement officer violates clearly established law under the Supreme Court’s decision in Franks v.

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Healthcare Government Court Statute 85

JonathanTurley

JUNE 12, 2024

It is also important to note that, after the Supreme Court’s ruling in United States v. By pursuing the nullification strategy, Hunter lost that benefit and now would have to belatedly accept responsibility just before sentencing after putting the court and public through a trial. Booker , sentencing guidelines are discretionary.

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Felony Statute Court Criminal Law 41

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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Cause of Action Court Government Litigation 96

JonathanTurley

OCTOBER 8, 2022

We recently discussed a federal court upholding the Georgia election law as constitutional, rejecting challenges based on voter suppression by a group associated with Democratic Georgia gubernatorial candidate Stacey Abrams. Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional.

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Court Construction Statute Laws 40

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. Some things are happily left out of the courts.

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Tort Statute Criminal Law Court 32

The Crime Report

JUNE 24, 2022

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v. It’s reprehensible.

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Court Felony Laws Legal 52