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  • Cooling Water Intake Structure Coal. v. U.S. Envtl. Prot. Agency

    Publication Date: 2018-07-30
    Practice Area: Administrative Law | Environmental Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Raymond Lohier
    Attorneys: For plaintiff: United States Environmental Protection Agency, Andrew R. Wheeler, in his Official Capacity as Acting Administrator of the United States Environmental Protection Agency,* National Marine Fisheries Service, United States Fish and Wildlife Service, Respondents
    for defendant: For Intervenor-Petitioner American Petroleum Institute: Fredric P. Andes, Jill M. Fortney, Barnes & Thornburg LLP, Chicago, IL; Jeffrey S. Longsworth, Barnes & Thornburg LLP, Washington, DC.; For Intervenors-Petitioners Utility Water Act Group, Entergy Corporation: Andrew J. Turner, Todd S. Mikolop, Kerry L. McGrath, on the brief, Kristy A.N. Bulleit, Hunton & Williams LLP, Washington, DC.; For Intervenors-Petitioners Riverkeeper Inc., American Littoral Society, Casco Baykeeper, Delaware Riverkeeper Network, Hackensack Riverkeeper, Natural Resources Defense Council, Inc., Raritan Baykeeper, Inc. d/b/a NY/NJ Baykeeper, Save the Bay — Narragansett Bay, Scenic Hudson, Inc., Sierra Club, Soundkeeper, Inc., Surfrider Foundation, Waterkeeper Alliance, Inc., and for Intervenors Center for Biological Diversity, Louisiana Environmental Action Network, California Coastkeeper Alliance, Humboldt Baykeeper, Suncoast Waterkeeper, Inc., Puget Soundkeeper Alliance: Reed W. Super, Edan Rotenberg, Super Law Group, LLC, New York, NY.; For Intervenor-Petitioner Sierra Club, and for Intervenors Center for Biological Diversity, California Coastkeeper Alliance, Humboldt Baykeeper, Louisiana Environmental Action Network, Suncoast Waterkeeper, Inc.: Eric E. Huber, Sierra Club, Boulder, CO.; For Intervenors-Petitioners Environment America, Environment Massachusetts: Charles C. Caldart, National Environmental Law Center, Seattle, WA.; For Respondents: Simi Bhat, United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC, Clifford E. Stevens, Jr., United States Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Denver, CO, on the brief; Richard T. Witt, Alexis Wade, United States Environmental Protection Agency, Office of General Counsel, of counsel, Perry M. Rosen, United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC; Bridget Kennedy McNeil, United States Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Denver, CO.; For Amicus Curiae Clean Air Task Force: Ann Brewster Weeks, Legal Director, Clean Air Task Force, Boston, MA, of counsel, Andrew K. Jacoby, Varadi, Hair & Checki, LLC, New Orleans, LA.
    Case Number: 14-4645

    Rule, Opinions as to Water Intakes Were Based on Reasonable Interpretations of Statutes

  • July 27, 2018 | The Legal Intelligencer

    'Actavis' and Reverse-Payments Suits in the Third Circuit After Five Years

    For over 20 years, purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and ranked as one of the Federal Trade Commission's top enforcement priorities, with private plaintiffs and the FTC alike claiming such agreements have cost consumers millions of dollars by keeping generic drugs off the market.

    1 minute read

  • July 27, 2018 | New York Law Journal

    Beyond Broken Bones: Recognizing Psychological Harm to Children When Applying 'Grave Risk of Harm' Standard

    A discussion of how courts applying the “grave risk of harm” defense to repatriation under the Hague Convention on International Child Abduction need to recognize the psychological harm caused to children by exposure to domestic violence.

    1 minute read

  • Appellate Division, Second Department: July 25, 2018

    Publication Date: 2018-07-27
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department, Handdowns
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appellate Division, Second Department: July 25, 2018

  • In the Interest of J. W., a child.

    Publication Date: 2018-07-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jana Evans (Attorney at Law), Dallas, for appellant.
    for defendant: Sonya Chachere-Compton (Attorney at Law), Douglasville, for appellee. Robert Kunz (Attorney at Law), Douglasville; Gail Walters (Guardian Ad Litem), Douglasville, for other party.
    Case Number: A18A0807

    Evidence Supported Finding That Guardianship With Child's Grandfather Was In Child's Best Interests

  • Pacan v. Urena

    Publication Date: 2018-07-27
    Practice Area: Employment Litigation | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Supreme Court, Nassau
    Judge: Justice James McCormack
    Attorneys: For plaintiff: Plaintiff's attorney: by Nicole Chealisse Chan, Robert K. Young and Associates.
    for defendant: Defendant's attorney: by Gerard Ferrara, Sette and Apoznanski.
    Case Number: 600479/18

    WCL §29(6) Found to Shield Car Owner From Car Wash Employee's Personal Injury Suit

  • U.S. v. Townsend

    Publication Date: 2018-07-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: District Judge Lawrence Vilardo
    Attorneys: For plaintiff: For Appellee: Jo Ann M. Navickas, Assistant United States Attorney, on the brief, David K. Kessler, Assistant United States Attorney, for Richard P. Donoghue, United States Attorney, Eastern District of New York, Brooklyn, NY.
    for defendant: For Defendant-Appellant: Daniel Habib, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY.
    Case Number: 17-757-cr

    'Controlled Substance' for USSG Purposes Means Only Those Controlled Under Federal CSA

  • Hylton v. Sessions

    Publication Date: 2018-07-26
    Practice Area: Criminal Law | Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Petitioner: Nancy Morawetz, Washington Square Legal Services, Inc., New York, NY; Su Yon Yi, Queens Law Associates, Public Defenders, Forest Hills, NY, on the brief, Gerardo Romo, Kyle Barron, Washington Square Legal Services, Inc., New York, NY.
    for defendant: For Respondent: Anthony C. Payne, Assistant Director, Office of Immigration Litigation, on the brief, Alexander J. Lutz, Trial Attorney, Office of Immigration Litigation, for Chad A. Readler, Acting Assistant Attorney General, Washington, D.C.
    Case Number: 17-1567-ag

    BIA Opinion Vacated; Conviction Under NYPL §221.45 Punishable as Federal Misdemeanor

  • Appellate Term, Second Department:July 18, 2018

    Publication Date: 2018-07-25
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Term, Second Department
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appellate Term, Second Department:July 18, 2018

  • Blackwell v. The State

    Publication Date: 2018-07-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Frances Kuo, Decatur, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0696

    Court Rejects Defendant's Ineffective Assistance of Counsel Argument