Sentences with phrase «amicus brief arguing»

The Legal Action Committee decided to support that case with an amicus brief arguing that courts should consider all the facts and circumstances related to the transaction before determining whether liability exists and not base liability solely on the fact that the broker received a commission in connection with the transaction.
EFF joined an amicus brief arguing that patents should only be granted for technological processes.
The Anti-Defamation League awarded Ms. Decter and several of her colleagues the Edward Brodsky Founders Award in recognition of their work on an amicus brief arguing against President Trump's travel ban.
On behalf of Americans United for Separation of Church and State, we filed an amicus brief arguing that religiously based objections to the right of same - sex couples to marry are not valid reasons to refuse to recognize the right.
Third Circuit amicus brief arguing that state statute unconstitutionally took business's private property without due process of law or just compensation.
United States Supreme Court amicus brief arguing that «arranger» liability under CERCLA is limited by the statute's plain language and legislative history to those who arrange for the disposal or treatment of «waste.»
We filed an amicus brief arguing that representative actions under California's Private Attorney General Act of 2004 are subject to individual arbitration under the Federal Arbitration Act.
In this case, the Brennan Center submitted an amicus brief along with constitutional and election law professors, and Justice at Stake joined eight retired Montana Supreme Court justices in filing an amicus brief arguing that the Montana law was constitutional.
Pennsylvania and U.S. Chambers file amicus brief arguing counties may not use contingency fee counsel to pursue cause of action to enforce 911 Act
Law professor Seth Barrett Tillman of Ireland's Maynooth University submitted an amicus brief arguing that the emoluments clause doesn't apply to the president of the United States, igniting an argument among legal historians, the New York Times reported in September.
The 33 - page amicus brief argues that DOMA, which defines marriage as a union between a woman and a man, violates same - sex couples» right to equal protection under the law and «discriminates based on sex and sexual orientation.»
The amicus brief argues that the DOJ denying sanctuary cities the Edward Byrne Memorial Justice Assistance Grant, a prominent federal funding source for local enfacement agencies, is against federal law, seizes local control in public safety policy and «poses serious challenges for local governments.»
The amicus brief argues that the notion that an infringer's entire profit (on an infringing article) should be recoverable goes back to the 19th century, when only knowing infringement resulted in liability, while «even independent designers are [under today's strict liability regime] on the hook for patent infringement in modern design patent law».

Not exact matches

The Academy was an anchor organization on an amicus brief for the case signed by child health and education organizations, outlining harms to children whose parents face deportation and arguing that lifting the circuit's injunction would provide millions of children with the family stability and security essential to their psychological, physical and emotional well - being.
Attorney General Eric Schneiderman on Monday backed an amicus brief with 20 attorneys general that argued against a business owner rebuffing a customer because of personal beliefs.
NYC Public Advocate Tish James and other officials argued in an amicus brief that a shooting victims» families should be able to sue Walmart in state court for negligence for selling handgun ammunition to a customer they charge was too young to legally buy it and visibly drunk.
In the amicus brief, the Climate Science Legal Defense Fund sides with the university arguing that E&E Legal Institute's efforts «are part of a broader trend of harassment that threatens the core of the scientific endeavor.»
In the case being heard today, most scientists are siding with Wyeth: 22 professional and scientific groups, including the American Academy of Pediatrics, the American Medical Association, and the Infectious Diseases Society of America argue in an amicus brief that «the Vaccine Act provides adequate compensation to children injured by vaccines.»
06, Ed.D.» 11, is serving as counsel of record for the Civil Rights Project at UCLA in an amicus curiae, or friend of the court, brief filed for a case set to be argued before the United States Supreme Court.
Ed School Affiliates Argue for University of Texas Harvard Crimson, October 16, 2012» [Philip] Lee and fellow doctoral student Matthew P. Shaw put that belief into practice in August by filing an amicus brief with the United States Supreme Court in the case of Fisher v. University of Texas.
Stephan Pryor argues, in his amicus brief, that the statute bestows on him the authority to determine whether a single course is a school leadership program.
In their joint brief, NSBA, LSBA, MSBA, TASB, and NASDSE (hereafter, the amici) argued that the Fifth Circuit's ruling should impose reasonable limits on school districts» responsibility to pay for special education evaluations by requiring that IEEs meet state criteria as a prerequisite for reimbursement of costs.
Cato has filed an amicus brief supporting them, arguing that the educational tax credits are not «money raised by taxation» according to the original understanding of the 1877 amendment, New Hampshire case law, and U.S. Supreme Court precedent.
«In this brief, amici argue that long - term, income - driven repayment plans are an inappropriate remedy for debtors seeking to discharge their student loans in bankruptcy.
In addition, as nine state attorneys general argue in their June 25, 2014 amicus brief, the Senate's conforming amendment is «clearly» a drafting error «because it sought to make a clerical correction to Section 111 (d) rendered unnecessary by a superseding substantive amendment.»
As the Chamber argued in previous stages of this case, its amicus brief warned that such unpredictable, ongoing liability would vastly expand the potential liability for businesses and landowners across the Commonwealth, increase risks associated with real estate transactions, and impair real estate values for existing owners.
We also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue, and advise on complex legal issues that arise in various trial - level fora.
U.S. Chamber files amicus brief in Massachusetts Supreme Judicial Court arguing trial court erred on specific personal jurisdiction analysis
Moreover, the U.S. State Department — whose Office of Children's Issues serves as the Central Authority for the United States under the Convention has long espoused and argued for — such an interpretation and the U.S. Government submitted an amicus brief supporting the father's position.
EFF filed an amicus brief in support of Dontdatehimgirl in December, arguing that the site can not be held liable for comments written by others under Section 230 of the Communications Decency Act.
Volokh argues that the purpose of an amicus brief is to bring expertise to a particular matter, which is what the law professors did.
Although Cuozzo argues that its claims would have survived if the PTAB had used a different standard, it appears from the briefs (including an amicus brief filed by Dell Computer) that the standard does not affect the outcome in most cases.
In a recent amicus brief to the Alaska Supreme Court, the American Bar Association (ABA) argues that the Alaskan Constitution requires appointment of counsel to an indigent parent in a child custody case when a private lawyer represents the other party.
Matthew Bender's amicus brief takes issue with this assertion, arguing instead that its annotations are entitled to broad copyright protections.
We filed an amicus brief successfully arguing that standing to sue under D.C. consumer - protection laws must be limited to plaintiffs who have suffered a personal injury.
For starters, it's worth flagging the fact that both Nebraska and Wyoming joined an amicus brief in support of Idaho in Armstrong that categorically argued against allowing suits for injunctive relief grounded in the Supremacy Clause (but see page 1 of their Complaint against Colorado — invoking the Supremacy Clause as the basis for relief).
(U.S.)-- Successfully argued that the Wartime Suspension of Limitations Act does not toll the statute of limitations in civil False Claims Act cases; persuaded Supreme Court to grant review on issue despite the absence of a circuit split and after the United States, in a Court - invited amicus brief, argued that certiorari should be denied
One of the most recent developments has occurred in a case that will be argued next week in the Supreme Court, in which two of the amicus briefs rely on corpus linguistics (Brief of Scholars of Corpus Linguistics; Brief of Prof. Jennifer L. Mascott).
Cato has submitted a Fifth Circuit amicus brief «arguing that the jury's finding of liability and damages were unsustainable under the law.»
The Attorney General's office filed an amicus brief in support of MTPC's position arguing that the common law rule ensuring strict compliance with public construction contracts advances critical public policy goals.
Meanwhile, Associated Builders, a construction trade association, filed an amicus brief in support of G4S arguing for the adoption of the Restatement rule in order to avoid unjust windfalls and eliminate uncertainty and added costs to construction contracts.
The proposed ABA amicus brief, as laid out in the resolution, will argue that the patent owners in Bilski v. Doll aren't eligible for a patent because they're trying to patent an abstract idea, explained Lindfjeld, who is general counsel and chief IP counsel at Woburn, Mass. - based Nantero Inc..
In its amicus brief filed today, EFF argues that allowing a patent on this system goes against previous Supreme Court rulings that ideas like these are «abstract» and aren't legally patentable.
EFF had argued for precisely this result in the amicus brief we filed in the case.
The Academy was an anchor organization on an amicus brief for the case signed by child health and education organizations, outlining harms to children whose parents face deportation and arguing that lifting the circuit's injunction would provide millions of children with the family stability and security essential to their psychological, physical and emotional well - being.
The Montana Association of REALTORS ® filed an amicus curiae brief arguing that because the state's law permits licensees to act as dual agents of the buyer and the seller and «act solely in the best interests» of both parties, a buyer's representative should be able to represent two bidders in the same manner.
Editor's Note: NAR filed a joint amicus curiae brief with the National Association of Home Builders which argued for the use of a heightened standard of review in public use cases involving economic development, per the recommendation of NAR's Legal Action Committee.
NAR filed an amicus curiae brief, arguing that a violation of § 2607 (b) occurs only when a real estate settlement service provider pays a portion of a settlement service fee to a third party who performs no services in exchange for the fee.
Editor's Note: The New York State Association of REALTORS ® submitted an amicus curiae brief, arguing that the Finder was required to have a license in order to receive a fee.
In their amicus brief to the U.S. Supreme Court, NAR and the other amici argue that the CDA does not fall under FTC jurisdiction because it is not «organized to carry on business for its own profit or that of its members,» within the meaning of the FTC Act.
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