By Sarah Tincher-Numbers | March 25, 2020
Some court observers fear that the case, which involves a small section of the Appalachian Trail, could have vast implications on infrastructure and the national parks.
By Scott Graham | March 23, 2020
Over the dissents of four judges, the appellate court declined to make any changes to Arthrex v. Smith & Nephew. The decision leaves administrative patent judges with less job protection, and makes up to 81 cases eligible for new hearings.
By Scott Graham | March 18, 2020
The appellate court says the PTO must use formal notice-and-comment rulemaking—not opinions from the Patent Trial and Appeal Board's Precedential Opinion Panel—if it wants the court to defer to its expertise.
By Tom McParland | March 13, 2020
As OATH commissioner and city's top administrative judge, Kletter will oversee a central and independent court that adjudicates summonses issued by 25 different city enforcement agencies for alleged violations of law or city rules.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | March 12, 2020
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, report on a holding that New York's "recklessness" requirement for fourth-degree arson did not meet the more rigorous requirement of "purposefulness" for a "crime of violence" under the federal sentencing guidelines; a decision declining to dismiss claims of an antitrust conspiracy; and a decision granting in part and denying in part a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City's OATH tribunal.
By Jenna Greene | March 12, 2020
Personally, I always assumed organic farmers were one big mellow, patchouli-smelling bunch, espousing the virtues of clean eating, chemical-free produce and heirloom squash. Or not.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | March 9, 2020
Studies have shown climate change is negatively impacting the state. In the absence of federal leadership, we support the governor's initiative if the regulations, when promulgated, are reasonable in their application and reach.
By Marcia Coyle | March 4, 2020
Welcome to Supreme Court Brief, and thanks for reading! The Supreme Court today hears its first major abortion rights case since the departure of Justice Kennedy. Plus, if you could just answer Justice Gorsuch's question, that would be great.
By Marcia Coyle | March 3, 2020
Justice Sonia Sotomayor pushed back at Seila Law's lawyer, Kannon Shanmugam, who opened his argument with a claim that the CFPB's independent single-director structure was "unprecedented and unconstitutional."
By Marcia Coyle | Mike Scarcella | February 26, 2020
Welcome to Supreme Court Brief. Justice Thomas, with Gorsuch, raises doubts about the viability of "Bivens" actions. Also, how best to tell a justice, no, you are wrong? And DOJ salutes the late Larry Wallace, the longtime SCOTUS advocate. Thanks for reading!
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