Burden of Proof Affirmative Defenses

News & Analysis as of

EPA nixes state exemptions on excess CAA emissions

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

Supreme Court’s Decision in Commil v. Cisco: Big Win for Pharmaceutical Industry

On May 26, 2015, the Supreme Court reversed the Federal Circuit’s decision in Commil USA, LLC v. Cisco Systems, Inc. and held that a defendant’s belief regarding patent validity is not a defense to an induced infringement...more

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights...more

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