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Searching Content indexed under Trials & Appeals & Compensation by Foley Hoag LLP ordered by Published Date Descending.
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1
More Sauce For The Chevron Goose
Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under § 401 of the Clean Water Act.
United States
15 Aug 2019
2
Climate Change Litigation Strategy: Swing For The Fences Or Hit Singles?
Those seeking to address climate change through litigation have taken two different paths. Some cases, probably best represented by Juliana v. United States
United States
9 Aug 2019
3
Product Liability Update: July 2019
Massachusetts Federal Court Dismisses Suit By Japanese Plaintiffs Against Massachusetts Reactor Designer For Japanese Disaster Based On Forum Non Conveniens.
United States
8 Aug 2019
4
The Trump Administration Provides Another Lesson In How To Lose An Environmental Case
Last week, the 4th Circuit Court of Appeals vacated the Fish and Wildlife Service's Biological Opinion and Incidental Take Statement for the Atlantic Coast Pipeline.
United States
5 Aug 2019
5
Federal Circuit Rejects State Sovereign Immunity Defense To Inter Partes Review
Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense
United States
2 Jul 2019
6
Woe Is WOTUS
When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the "give me a break"
United States
19 Jun 2019
7
Employers Can Lose Failure-To-Exhaust Defense If Not Timely Raised, Supreme Court Rules
On June 3, 2019, the United States Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their
United States
19 Jun 2019
8
Robbing Peter To Pay Paul: Problems In Enforcing The Medicaid Secondary Payer Requirements
One of the things that gets drummed into your head working with Medicaid is this: Medicaid is a payer of last resort. Medicaid can only pay for a health care service
United States
11 Jun 2019
9
Supreme Court Revives False Claims Act Suit By Applying "Government Knowledge" Statute Of Limitations
The United States declined to intervene, and the complaint was dismissed as untimely.
United States
6 Jun 2019
10
Broken Record Department; EPA Loses Another Delay Case
On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA's 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons.
United States
3 Jun 2019
11
Court Warns Government Agencies Against Directing Internal Company Investigations
The U.S. District Court for the Southern District of New York recently criticized government agencies for outsourcing their investigation to the target company,
United States
29 May 2019
12
Court Strikes Down Work Requirements In Arkansas And Kentucky
There's a saying that one should work hard in the present to reap the rewards later in life. But should one need to work to qualify for Medicaid?
United States
12 Apr 2019
13
United States
25 Mar 2019
14
Injunctions In RCRA Citizen Suits — Broad, But Not Infinite
Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls.
United States
21 Mar 2019
15
When Is A Regulatory Denial A Regulatory Taking? Not Very Often, At Least In Massachusetts
On Tuesday, the Massachusetts Appeals Court denied a regulatory takings claim brought by a plaintiff whose development plans for her property in Falmouth were denied by the Falmouth Conservation
United States
28 Feb 2019
16
Federal Court Cites Enforcement Of Customer Non-Solicit Provision To Deny Enforcement Of Non-Compete Provision
Last week U.S. District Judge Zobel denied a road assistance service provider's motion to stop its former vice president of sales from working for a competitor
United States
21 Feb 2019
17
Bad Superfund Judging — Like, Saints/Rams Bad
I hold the attorneys for the State of Ohio responsible for this travesty.
United States
11 Feb 2019
18
Supreme Court Holds That Confidential Sales Still Qualify As Patent Prior Art
Earlier this week, the Supreme Court issued a unanimous opinion in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., clarifying that a commercial sale of an invention more than one year before a patent application...
United States
30 Jan 2019
19
Smiles Like Teen Spirit: "Smiley Face" Copyright And Trademark Litigation
You may think the phrase "million-dollar smile" is just a metaphor, but a smile could cost you millions of dollars ...
United States
25 Jan 2019
20
EPA's New Approach To Cost Benefit Analysis: Charles Dickens Or Alice In Wonderland?
I've only now had the opportunity to catch up with EPA's proposed reconsideration of its approach to cost-benefit analysis for the Mercury and Air Toxics Standards.
United States
17 Jan 2019
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