News & Analysis as of

Statutory Interpretation Strict Liability

Klein Moynihan Turco LLP

Daniel’s Law – Constitutionality Challenge Update

As our readers well know, one particular entity has sued a litany of companies for allegedly violating a New Jersey State privacy law known as Daniel’s Law. Our readers also know that many of these companies have appealed a...more

Mandelbaum Barrett PC

Are Dog Owners Strictly Liable for Bites and Attacks in New Jersey?

Mandelbaum Barrett PC on

When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With...more

Burr & Forman

LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Burr & Forman on

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let...more

Nossaman LLP

Court Reignites Migratory Bird Treaty Act Question

Nossaman LLP on

On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

Nossaman LLP on

Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Womble Bond Dickinson

Sending A Helping Hand: Seventh Circuit confirms rejection of strict liability standard for definition of a “sender” of...

Womble Bond Dickinson on

TCPAland truly is a hotbed of statutory interpretation. As we eagerly await the ruling on the FCC’s Public Notice concerning the interpretation and scope of the TCPA in the wake of the ACA Int’l decision, and continue to...more

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