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Tag: Miscellaneous

ADMINISTRATIVE LAW-NEPA-DEFERENCE TO ADMINISTRATION

Seven County Infrastructure Coalition et Al. V. Eagle County, Colorado, et Al., No. 23-975, decided (U.S. Supreme Ct., May 29, 2025) (Kavanaugh, J.) JUSTICE KAVANAUGH Delivered the opinion of the Court. Some 55 years ago, Congress passed and President Nixon signed the National Environmental Policy Act, known as NEPA. For certain infrastructure projects that are […]

FAIR CREDIT REPORTING ACT-CLASS ACTION

Kelly v. Realpage Inc., 2022 U.S. App. LEXIS 23683 (3rd Cir. August 24, 2022) (Krause, C.J.)  In late 2018, Appellants Kevin Kelly and Karriem Bey found themselves in just the sort of frustrating predicament the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., was designed to avoid. Their rental applications were denied based on […]

TRADE SECRETS-UNIFORM TRADE SECRETS ACT-MISAPPROPRIATION-UNJUST ENRICHMENT-MISAPPROPRIATED TRADE SECRETS

PPG Indus. v. Jiangsu Tie Mao Glass Co., 2022 U.S. App. LEXIS 24411 (3rd Cir. August 30, 2022) (Jordan, J.)  Under the Uniform Trade Secrets Act, including Pennsylvania’s version of that statute, it can be appropriate to measure unjust enrichment from a misappropriated trade secret by looking at development costs that were avoided but would […]

COVID-19-FEDERAL PREEMPTION

Milan v. Shenango Presbyterian Seniorcare, 2022 U.S. Dist. LEXIS 151447 (W.D. Pa. August 23, 2022) (Ranjan, J.)  Plaintiff John Milan, by and through his Attorney-in-Fact, Sandra Lee Boyd, first filed this action in the Court of Common Pleas of Lawrence County, Pennsylvania. Plaintiff asserts a state-law negligence claim against Defendants arising from their neglect while […]

IMMIGRATIONAL NATIONALITY ACT-RETURN POLICY

Biden v. Texas, 2022 U.S. LEXIS 3269 (S. Ct. June 30, 2022) (Roberts, C.J.)  In January 2019, the Department of Homeland Security—under the administration of President Trump—established the Migrant Protection Protocols. That program provided for the return to Mexico of non-Mexican aliens who had been detained attempting to enter the United States illegally from Mexico. […]

ADMINISTRATIVE LAW-DELEGATION OF AUTHORITY

West Virginia v. Environmental Protection Agency, 2022 U.S. LEXIS 3268 (S. Ct. June 30, 2022) (Roberts, C.J.)  The Clean Air Act authorizes the Environmental Protection Agency to regulate power plants by setting a “standard of performance” for their emission of certain pollutants into the air. 84 Stat. 1683, 42 U. S. C. §7411(a)(1). That standard may be different […]