News & Analysis as of

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,...

NSPS for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units/Clean Air Act:...

Arkansas Attorney General Tim Griffin and 24 other state Attorney Generals filed on May 9th a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the recent rule...more

Jones Day

USPTO Issues Notice of Proposed Rulemaking On Discretionary Denial, Serial and Parallel Petitions, and Settlement

Jones Day on

On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues. The Notice addresses stakeholder feedback responsive to the...more

Cozen O'Connor

Republican AGs Seek to Unplug the DOE’s Fuel-Economy Rule for Electric Vehicles

Cozen O'Connor on

A group of 13 Republican AGs and the American Free Enterprise Chamber of Commerce filed a petition for review of the DOE’s Petroleum-Equivalent Fuel Economy Calculation final rule—which provides the procedures for calculating...more

Jones Day

General Plastic Factors Lead to Institution Denial

Jones Day on

The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for...more

Fox Rothschild LLP

SEC Issues Final Climate Risk Disclosure Rules

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The Securities Exchange Commission (SEC) adopted final climate risk disclosure rules on March 6, 2024, nearly two years after the controversial proposed rules generated intense interest and debate. The Enhancement and...more

Dorsey & Whitney LLP

The Supreme Court Update - December 11, 2023

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On December 8, 2023, the Supreme Court of the United States granted certiorari in one case...more

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

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...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

Winstead PC

Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable...

Winstead PC on

In Moody Nat’l Bank v. Moody, a beneficiary sued a trustee regarding several allegations of breach of fiduciary duty. No. 14-21-00096-CV, 2022 Tex. App. LEXIS 7844 (Tex. App.—Houston [14th Dist.] October 25, 2022, pet....more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

Nossaman LLP on

UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....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

Weber Gallagher Simpson Stapleton Fires &...

Strategies to Manage Costs of Medical Care in a PA Workers’ Compensation Claim

Do you want to learn more about controlling excessive medical costs on your Pennsylvania workers’ compensation claims? Tune in as our lawyers, Sherri Dougherty and Dawn Nicholson, discuss the use of utilization reviews, use...more

Fox Rothschild LLP

Briefing Continues in Chemours’s Challenge to EPA’s GenX Health Advisory Level

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As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Allen Matkins

California Supreme Court Denies Petition for Review of Save Livermore Downtown v. City of Livermore

Allen Matkins on

On April 19, 2023 the California Supreme Court denied the petition for review of the Save Livermore Downtown v. City of Livermore decision issued by the California First District Court of Appeal, which was filed by opponents...more

Benesch

U.S. Customs Petition for Relief Primer

Benesch on

Enforcement action by U.S. Customs and Border Protection (CBP) is not uncommon even for the most diligent of importers or service providers. CBP may issue a Notice of Penalty in circumstances where it believes a violation...more

Fox Rothschild LLP

EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied

Fox Rothschild LLP on

As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Weintraub Tobin

Supreme Court to Hear Jack Daniel’s Dog Toy Dogfight

Weintraub Tobin on

The U.S. Supreme Court recently granted Jack Daniel’s petition for review in its case against the makers of “Bad Spaniels,” a dog chew toy that mimics a bottle of Jack Daniel’s whiskey. The dog toy made by VIP Products LLC...more

Fox Rothschild LLP

EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022

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On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”)...more

McDermott Will & Emery

Supreme Court Requests Government Response to Whirlpool’s Petition

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We previously discussed the petition for writ of certiorari that was filed in the Supreme Court of the United States by Whirlpool Financial Corporation & Consolidated Subsidiaries and Whirlpool International Holdings S.a.r.l....more

Butler Snow LLP

Potential Changes to SCOTX Petition Practice | Justice Evan Young | Texas Appellate Law Podcast

Butler Snow LLP on

Texas Supreme Court Justice Evan Young’s career has taken him many different places—the United States Supreme Court, Iraq, and now the Texas Supreme Court. Join Todd Smith and Jody Sanders as they host Justice Young for a...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

Littler

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

Littler on

On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more

WilmerHale

States Target EPA’s Revival of California Clean Air Act Waiver

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On May 12, seventeen states filed a petition for review of EPA’s decision to reinstate California’s authority to set its own motor vehicle emissions standards. The petition was filed in the U.S. Court of Appeals for the D.C....more

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