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Appeals Petition for Review

McGlinchey Stafford

Vexatious Litigant Laws Clarified by Texas Supreme Court

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The recent decision in Serafine v. Crump by the Supreme Court of Texas primarily revolves around the interpretation of what constitutes “litigation” under Texas law, particularly in the context of determining whether someone...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Cybersecurity Memorandum: Withdrawal of Document Challenged by Arkansas Attorney General Announced by U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a memorandum on October 11th titled: Withdrawal of Cybersecurity Memorandum of March 3, 2023 (“Withdrawal Memorandum”) The Withdrawal Memorandum was transmitted...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Eight Circuit Court of Appeals Grants Stay...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) granted a stay of a United States Environmental Protection Agency interpretive rule associated with a March 3rd memorandum titled: Addressing PWS...more

Perkins Coie

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

Hinshaw & Culbertson - Lawyers for the...

Marijuana Company's Legal Malpractice Claim Goes Up in Smoke

An Arizona appellate court held that summary judgment was appropriate in a legal malpractice action brought by a medical marijuana company for failure to timely pursue a petition for judicial review where plaintiffs could not...more

Snell & Wilmer

Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

Snell & Wilmer on

On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United...more

Perkins Coie

Ninth Circuit Invalidates Rule Requiring Notice to States Prior to Filing a Listing Petition Under the Endangered Species Act

Perkins Coie on

The Ninth Circuit Court of Appeals recently invalidated a 2016 rule that required a 30-day notice to affected state fish and wildlife agencies prior to filing a petition to list a species as threatened or endangered under the...more

Downey Brand LLP

California Air and Climate Vol 18: EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations Upheld; Phasing Out...

Downey Brand LLP on

Ninth Circuit Upholds U.S. EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations - On February 10, 2021, the U.S. Court of Appeals for the Ninth Circuit denied a challenge to the U.S. Environmental Protection...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Intervention Status Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) on November 25, 2019 in the United States Court of Appeals for the Eighth Circuit challenging...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Regional Haze/Arkansas: Sierra Club Petition for Review Challenging U.S. Environmental Protection Agency Approval of Plan...

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) challenging the United States Environmental Protection Agency (“EPA”) approval of revisions to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency e-Manifest User Fees: Environmental Technology Council Files United States Court of Appeals...

The Environmental Technology Council (“ETC”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the fee schedule issued by the United States Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Environmental Appeals Board: Vickery, Ohio Hazardous Waste TSD Facility Challenges Certain Permit Conditions

Vickery Environmental, Inc. (“Vickery”) filed an October 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: D.C. Circuit Addresses Venue

The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more

Smart & Biggar

Federal Court upholds PMPRB’s pricing decision regarding Alexion’s SOLIRIS

Smart & Biggar on

Update: On July 29, 2021, the Federal Court of Appeal set aside the Federal Court’s decision and remitted the matter to the Patented Medicine Prices Review Board for redetermination: Alexion Pharmaceuticals Inc. v Canada...more

Sheppard Mullin Richter & Hampton LLP

Where is the Love? Exchanges Sue SEC Over Market Access Fee Pilot Program

Three prominent trading exchanges did not exactly show their government overseer the love this Valentine’s week. On February 14, 2019, the New York Stock Exchange (“NYSE”) filed a petition for review to the U.S. Court of...more

Fisher Phillips

What Happens If Landmark Appellate Court Decision Is Reviewed By State Supreme Court?

Fisher Phillips on

Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more

Carlton Fields

All Hope Is Not Lost: Raising A New Argument On Appeal

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Your client has brought you an appeal, and you quickly spot what looks like a winning argument. Unfortunately, it was never raised or argued below. Being a savvy appellate lawyer, you understand you cannot raise it for the...more

Burr & Forman

SC body bag noncompete case exhumed, revisited

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Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Winstead PC

The Texas Supreme Court Denies Review In A Case Awarding Mental Anguish Damages, Exemplary Damages, and Other Damages For A...

Winstead PC on

Today, the Texas Supreme Court denied review in Wells Fargo v. Militello, No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex. App.—Dallas June 20, 2017, pet. denied). In Militello, the court of appeals affirmed a trial...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Dismisses IPR Petitioner’s Appeal of Final Written Decision for Lack of Standing

Earlier this month, the Federal Circuit dismissed for lack of standing an appeal filed by an inter partes review (IPR) petitioner of a final written decision issued by the Patent Trial and Appeal Board (PTAB) that held two...more

Holland & Knight LLP

D.C. Circuit Silences Airport-Noise Critics - Time Limit to Challenge Agency's NEPA Assessment Not Extended Even Though Agency...

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• This week's decision by the U.S. Court of Appeals for the District of Columbia Circuit in Citizens Association of Georgetown, et al. v. Federal Aviation Administration confirms that once the FAA issues a final Record of...more

Holland & Knight LLP

Court of Appeals for the D.C. Circuit Denies Petition Seeking Review of FAA Airworthiness Directive

Holland & Knight LLP on

The District of Columbia Circuit Court of Appeals recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston...more

Sheppard Mullin Richter & Hampton LLP

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory...more

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