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Statutory Interpretation Affirmative Defenses

Snell & Wilmer

Title V Emergency Affirmative Defense Provision Reinstated by DC Circuit Court

Snell & Wilmer on

The DC Circuit Court of Appeals decided on September 5, 2025, that the U.S. Environmental Protection Agency (EPA) erred in implementing its 2023 Final Rule on “Removal of Title V Emergency Affirmative Defense Provisions From...more

Womble Bond Dickinson

Emergency Affirmative Defense for Title V Emissions Exceedances is Back

Womble Bond Dickinson on

On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more

Nutter McClennen & Fish LLP

Massachusetts Supreme Judicial Court Interprets Prompt Pay Act for the First Time

On June 17, 2024, the Supreme Judicial Court (SJC) issued its first decision interpreting the Massachusetts Prompt Pay Act (the “PPA”). In Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc.,[1]...more

BakerHostetler

Great Concepts LLC v. Chutter, Inc.: The Federal Circuit Weighs In on TTAB’s Authority When a Registrant Commits Fraud on the...

BakerHostetler on

The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. v. Great Management Group L.L.C. (TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement....more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative...

On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

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