News & Analysis as of

Judicial Review

“Class Arbitration”: The Current Law

We recently began a series of articles in which we ask whether “class arbitration” — meaning the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable,...more

Utilizing California Civil Code Section 1542 Waivers in Class Action Settlement Agreements: Helpful or Harmful?

by Foley & Lardner LLP on

A significant concern for any lawyer negotiating the settlement of a class action in California state court is crafting a settlement agreement that the court will ultimately approve. Under California law, a judge must approve...more

Appeals of Rulings by The Registrar of Contractors Must Be Timely Filed in Superior Court.

by Snell & Wilmer on

Recently in Johnson v. Arizona Registrar of Contractors, the Arizona Court of Appeals affirmed dismissal of a homeowner’s late appeal of an adverse decision by the Registrar of Contractors (“Registrar”)...more

Rx IP Update - May 2017

by Smart & Biggar on

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazodone drug submission - On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that...more

Refusal of judicial review of sale of Green Investment Bank

by Allen & Overy LLP on

The UK Government’s decision to sell the Green Investment Bank Plc (the GIB) to a consortium led by Macquarie should not be subject to judicial review, the High Court has ruled in R (SDC LLP) v Secretary of State for...more

High Court to review availability of judicial review of adjudication determinations

by Dentons on

Judicial review of adjudication determinations - In our earlier update concerning the decisions in Southern Han1 and Shade Systems2 we noted the NSW Court of Appeal decision in Shade Systems was under appeal to the High...more

The Singapore High Court clarifies the scope of adjudication review

by Dentons on

For the first time, a Singapore court considered the question of the scope of an adjudication review under the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (the Act). In Ang Cheng Guan...more

En Banc Federal Circuit Poised To Decide Important Question Concerning PTAB Appeals

by Jones Day on

The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set...more

En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable

by Jones Day on

As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. Wi-Fi One v. Broadcom Corp. The...more

Federal Circuit Confirms Judicial Review On PTAB's CBM Institution

by Brinks Gilson & Lione on

On April 4, 2017, the United States Court of Appeals for the Federal Circuit (“CAFC”) denied Google’s petition for rehearing en banc. Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812 (Fed. Cir. Apr. 4,...more

EPA’s Risk Management Plan (RMP) Final Rule Delayed

by Ruder Ware on

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more

U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas

by Wilson Elser on

On April 3, 2017, the United States Supreme Court in its decision on McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup., ruled that a district court’s decision to quash or enforce an EEOC...more

Procurement Pulse - April 2017

by DLA Piper on

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing field is as level as possible in terms of the information they have available...more

Flash update: trade compliance

by DLA Piper on

This week has seen two important developments in relation to the UK and EU legal and regulatory framework governing trade with Iran and Russia: - The European Court of Justice (the ECJ) has clarified a number of points...more

Calling time on time limits?

by Hogan Lovells on

CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification for the rule is well-known. Undue delay sits uncomfortably with good...more

Intellectual Property Newsletter - March 2017

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: updated predictions on patent policy under the Trump administration; recent happenings...more

Massachusetts SJC Allows for Limited Judicial Review of Gaming Decisions by Unsuccessful License Applicants

by Goodwin on

In a unanimous decision issued on Friday, authored by outgoing Justice Margot Botsford, Massachusetts’s highest court allowed Mohegan Sun’s challenge to the state Gaming Commission’s 2014 award of a gaming license to...more

Judicial review of adjudication determinations and reference dates

by Dentons on

The Courts have long recognised the potential for litigated challenges to adjudications to frustrate the key objective of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), namely: the promotion...more

When Can Judicial Review of a Tribunal's Decision Include a Tribunal's Other Decisions?

by Bennett Jones LLP on

When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review? This question arises from the recent Supreme Court of...more

Rx IP Update - February 2017

by Smart & Biggar on

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a...more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

by Nossaman LLP on

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

by FPA Patent Attorneys on

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

Federal court aids in construction of provisions for third party statutory licences following temporary ceasing of a patent but...

by FPA Patent Attorneys on

The ground-breaking series of decisions, relating to AU 623144 (AU ‘144), which protected the antidepressant escitalopram, has generated another first when the patentee of AU ‘144 sought judicial review of a recent Patent...more

Supreme Court's Wetlands Decision Pays Off For Business

It did not take long for the Hawkes Company to see the benefits of the Supreme Court’s May 31, 2016 decision granting the company the right to challenge in federal court the U.S. Army Corps of Engineers’ (the Corps) approved...more

2016 PTAB Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present our 2016 PTAB Year in Review. We begin with a look at 2016 activity at the Patent Trial and Appeal Board (PTAB), which again ranked as the busiest jurisdiction in the...more

338 Results
|
View per page
Page: of 14
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.