News & Analysis as of

Public Use

Bowditch & Dewey

Massachusetts Appeals Court Makes Clear in ‘Town versus Gown’ Controversy that “Public Dedication Doctrine Is Not Intended to...

Bowditch & Dewey on

Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more

Pierce Atwood LLP

Mass. Appeals Court declares winner in longstanding land-use dispute between Northeastern University and Town of Nahant

Pierce Atwood LLP on

The Nahant Preservation Trust, the town of Nahant, and certain Nahant residents have suffered another loss in their years-long legal battle to stop Northeastern University from expanding its Marine Science Center, located on...more

Dorsey & Whitney LLP

What Are An Employer’s Rights Relating to Non-Employee Union Representatives On Their Premises?

Dorsey & Whitney LLP on

Although employers are welcome to support their employees’ ability to meet with their union representatives, they are not required to grant nonemployee union representatives access to their property to do so....more

MoFo Life Sciences

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

MoFo Life Sciences on

Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more

Knobbe Martens

A Private Sale Is Not Sufficient for Public Disclosure Under 35 USC 102(b)(2)(B)

Knobbe Martens on

Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may...more

Hinckley Allen

Rhode Island Shoreline Property Case Could Have Wider Impact

Hinckley Allen on

Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly...more

Partridge Snow & Hahn LLP

R.I. Court Holds 2023 Shore Access Law Is An Unconstitutional Taking

In June 2023, the Rhode Island General Assembly enacted legislation granting the public expanded “privileges of the shore,” including but not limited to the right to fish from the shore, to swim in the sea and to pass along...more

Foley & Lardner LLP

California Dreamin’: Will SB-1047 Curb AI Innovation?

Foley & Lardner LLP on

On July 2, 2024 the California State Assembly Judiciary Committee passed SB-1047 (Safe and Secure Innovation for Frontier Artificial Intelligence Models Act), following its passage by the Senate on May 21, 2024. The bill aims...more

Pierce Atwood LLP

Supreme Court’s Sheetz decision casts doubt on validity of Massachusetts inclusionary zoning regulations

Pierce Atwood LLP on

The U.S. Supreme Court’s recent decision in Sheetz v. County of El Dorado may have a profound impact on inclusionary zoning ordinances and bylaws in Massachusetts. I suspect few of those regulations – if challenged – will...more

Foley & Lardner LLP

The Basics: How Quantum Computers Work and Where the Technology is Heading

Foley & Lardner LLP on

The theoretical foundations of quantum computing emerged throughout the twentieth century, including Planck’s Quantum Hypothesis (1900), the Uncertainty Principle (1927), and Bell’s Inequality (1964). Practical applications...more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more

Verrill

Understanding 91’s Amnesty Program

Verrill on

Chapter 91 of the Massachusetts General Laws, otherwise known as the Public Waterfront Act, is the primary law protecting the public’s rights to use and access the coastal tidelands of the Commonwealth. First adopted in 1866,...more

Ackerman & Ackerman, P.C.

How to Make “Just Compensation” More “Just” for Displaced Homeowners

Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. In...more

Nossaman LLP

Condemning Replacement or Substitute Property to Mitigate Damages

Nossaman LLP on

A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking.  As...more

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Nossaman LLP

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

Nossaman LLP on

The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more

Brownstein Hyatt Farber Schreck

An Overview of Santa Barbara County’s Agricultural Enterprise Ordinance

The County of Santa Barbara’s proposed Agricultural Enterprise Ordinance would expand the range of activities on farms and ranches (all unincorporated lands zoned AG-II), and allow incidental food service at wine tasting...more

Holland & Knight LLP

Ley 2306 de 2023: Ampliación del periodo de descanso remunerado durante la lactancia en Colombia

Holland & Knight LLP on

Recientemente se expidió la Ley 2306 del 31 de julio de 2023, por medio de la cual se promueve la protección de la maternidad y la primera infancia, creando incentivos y normas para la construcción de áreas que permitan la...more

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

Bricker Graydon LLP on

The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Sheppard Mullin Richter & Hampton LLP

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day...more

Downey Brand LLP

Litigation is Taking California’s Public Trust Doctrine From the Waterfront to the Forefront

Downey Brand LLP on

California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

Spilman Thomas & Battle, PLLC

SCOTUS, First Amendment and University of Alabama

Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more

Haug Partners LLP

You Use It, You Lose (Protection Over) It: Federal Circuit Clarifies Public-Use Bar Requirements

Haug Partners LLP on

I. Minerva Surgical v. Hologic: Background - The United States Court of Appeals for the Federal Circuit issued a precedential opinion earlier this year in Minerva Surgical, Inc. v. Hologic, Inc. clarifying the “in public...more

147 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide