Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. Celgene Corp. Mylan Pharma ( Fed. Lets talk first about acts of infringement.

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Statute Manufacturing Court Decisions Court 95

Diane Drain

APRIL 15, 2021

At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary. Morris Institute of Justice, in a commentary.

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Laws Small Business Attorney Finance 211

SCOTUSBlog

MARCH 17, 2023

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. After years of litigation and negotiation, the Nation prevailed in the U.S. They argue that the jurisdictional threshold under the APA is less demanding than statutes allowing for money damages.

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Government Statute Court Litigating 112

Constitutional Law Reporter

MARCH 5, 2024

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. Warner Chappell Music, Inc.

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Court Statute Constitutional Law Contract 52

Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Washington (1945).

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Court Statute Cause of Action Contract 40

ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

Transmission lines are, like generation facilities, often held up by litigation. These permitting decisions may then subject transmission lines to NEPA, among other statutes. . The NWP 12 litigation has thus impeded two major pipelines: Keystone XL and Atlantic Coast. Three Recent Pipeline Setbacks. The following day the U.S.

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Construction Litigating Litigation Court 59

JonathanTurley

OCTOBER 18, 2021

Those politicians publicly thumped their chests about going to the Supreme Court with the law and limiting the Second Amendment precedent; professing absolute confidence, they litigated the law, and, again, the 2nd Circuit supported the dubious statute.

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Court Litigating Litigation Laws 55

Broadcast Law Blog

MAY 8, 2014

This week brings news that a Virginia broadcaster has brought suit to have a court declare that broadcasters who stream their signal on the Internet, but limit the reception of the signal to within 150 miles of their transmitter site, should not have to pay royalties to SoundExchange.

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Court Statute Litigating Litigation 41

ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. PJM therefore concluded that there was a public need for the project, based on FERC-approved methods for determining public need.

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Court Construction Laws Government 83

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Ergon-West Virginia, Inc. On November 23, GM announced that it was withdrawing from the litigation. and non-U.S.

Court 59

Court Government Litigating Litigation 59

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) 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. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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Court Litigating Litigation Attorney 40

SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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Statute Government Court Felony 102

SCOTUSBlog

NOVEMBER 8, 2022

The plaintiff in the case is Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. Norfolk Southern, she observed, has more employees and more miles of railroad tracks in Pennsylvania than it does in any other state – including Virginia.

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Court Laws Lawyer Lawyers 98

LawSites

FEBRUARY 26, 2024

Courts are themselves a key part of the access to justice problem: opaque, duplicative and confusing court forms and burdensome filing processes make accessing the civil justice system deeply inefficient for the sophisticated, and an impenetrable maze for the 70+% of civil litigants who don’t have a lawyer.

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Litigation Litigating Law School Lawyer 134

SCOTUSBlog

JULY 27, 2023

billion natural-gas pipeline spanning just over 300 miles, from West Virginia’s northwestern border to southern Virginia. Court of Appeals for the 4th Circuit that had put construction in the Jefferson National Forest, in southern Virginia, on hold while challenges from environmental groups to the construction continue.

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Court Rules Construction Court Statute 98

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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Statute Stare Decisis Court Manufacturing 103

SCOTUSBlog

DECEMBER 8, 2021

1988), which invalidated under dormant commerce clause doctrine an Ohio law providing that the state’s statute of limitation would not run against corporations that were not present in the state and had not designated an agent for service of process. Midwesco Enterprises, Inc. relisted after the Dec. 3 conference). ZF Automotive US, Inc.

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Statute Court Contract Litigating 103

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. The court held that Virginia’s common law requirements were met, even though Virginia might not have granted a divorce under the same circumstances.

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Laws Court Divorce Tort 75

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. If they are found 51 percent at fault, they are barred entirely from recovery.

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Tort Litigating Litigation Construction 47

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. If they are found 51 percent at fault, they are barred entirely from recovery.

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Tort Litigating Litigation Construction 45

ClimateChange-ClimateLaw

AUGUST 6, 2024

For example, in recent years, federal courts have denied motions for preliminary injunction in litigation pertaining to the South Fork Wind , Vineyard Wind , and Coastal Virginia Offshore Wind projects. To date, federal courts have been reluctant to grant this type of extraordinary relief in challenges to offshore wind projects.

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Construction Court Litigating Litigation 64

Day on Torts

DECEMBER 20, 2021

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. Decedent himself ultimately accepted a settlement in lieu of further litigation.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. Nunes did not ask for such a correction under California law because he filed in Virginia. It was a cascading deconstruction of the lawsuit.

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Tort Cause of Action Laws Court 35

SCOTUSBlog

JUNE 20, 2024

But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. Dewberry Engineers sued, asserting trademark claims under the Lanham Act. Florida and Moore v. rescheduled before the Mar. Kentucky ex rel.

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Court Laws Government Real Estate 118

SCOTUSBlog

APRIL 19, 2024

Ordinarily, under the so-called “American Rule,” each litigant pays its own attorney’s fees, whether it wins or loses. Certain statutes permit the payment of “a reasonable attorney’s fee” to “the prevailing party” in litigation: 42 U.S.C. Before the case could go to trial, the Virginia general assembly repealed the statute.

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Felony Immigration Court Statute 145

The Crime Report

JULY 15, 2022

States can and should ensure such statutes provide extensive due process protections. Indeed, both can be reconciled with public opinion, as most Americans both support the Second Amendment as an individual right and back reasonable limitations on it.

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Laws Technology Court Legal 98

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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Stare Decisis Court Statute Government 144

ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] cit [50] See, e.g., West Virginia v. Times , Oct. 12, 2022. [49]

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Laws Law School Government Legal 98

SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. This week’s relists are a real grab bag of issues.

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Government Court Laws Litigating 120

SCOTUSBlog

OCTOBER 30, 2024

Share The Supreme Court on Wednesday temporarily blocked an order by a federal judge that would have required Virginia to return more than 1,600 people to the voter rolls. 7 executive order by Virginia Gov. The post Supreme Court allows Virginia to remove suspected non-citizens from voter rolls appeared first on SCOTUSblog.

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Court Immigration Statute Laws 145

LettersBlogatory

OCTOBER 6, 2022

For the same reason I wrote about a Virginia law allowing Virginia notaries to take oaths and acknowledgements from people outside of Virginia by video. Probably no one would have contemplated a statute allowing a notary to take an acknowledgement by mail, or to allow someone to solemnize a marriage by mail.

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ESI Contract Statute Litigating 52

ClimateChange-ClimateLaw

OCTOBER 20, 2020

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. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. Wild Virginia v. and non-U.S.

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Court Government Compensatory Damages Litigating 72

SCOTUSBlog

MARCH 25, 2025

The statute creating the Universal Service Fund outlines the general policy that Congress wanted the agency to follow for example, ensuring that internet and telephone services are affordable, providing reasonably comparable services to rural areas, and making sure that schools and libraries have access to those services.

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Court Statute Government Litigating 143

SCOTUSBlog

DECEMBER 31, 2020

In December 1958, a Black law student attending Howard University tried to order a cheeseburger at a restaurant in a Virginia bus terminal. Virginia , holding that federal law barred racial segregation in interstate public transportation. Virginia , the court did find the statute unconstitutional. Bruce Carver Boynton.

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Court Lawyer Lawyers Administrative Assistant 114

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. Trimble ␣ 315 Mo.

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Tort Litigating Litigation Construction 57

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) 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. West Virginia v. CLIMATE LITIGATION CHART. and non-U.S. Resolute Forest Products, Inc.

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Court Attorney Technology Assisted Review Legal 40

JURIST

MAY 1, 2024

Senator Joe Machin, a Democrat from West Virginia who chairs the Senate Energy and Natural Resources Committee, criticized the new rule, saying, “This will only lead to more costly delays and litigation. Meaningful community engagement is the key to unlocking our clean energy future.” ” U.S.

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Litigation Litigating Manufacturing Statute 129