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May 02, 2008

Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, EVIDENCE, OIL & GAS LAW, WATER LAW
• Islander E. Pipeline Co., LLC v. McCarthy

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, INTELLECTUAL PROPERTY, REMEDIES
• Wabtec Corp. v. Faiveley Transp. Malmo AB

CIVIL PROCEDURE, EVIDENCE, IMMIGRATION LAW
• Ali v. Mukasey

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LATEST SUMMARIES

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, EVIDENCE, OIL & GAS LAW, WATER LAW
Islander E. Pipeline Co., LLC v. McCarthy, No. 06-5764
Petition for review of a decision by the Connecticut Department of Environmental Protection (CTDEP) denying a "water quality certification" for plaintiff to build a natural gas pipeline across the Long Island Sound is denied where: 1) record evidence supported the CTDEP's finding that plaintiff's proffered techniques for installing the proposed pipeline would violate state water quality standards; and 2) based on the record, the CTDEP's denial of certification was not "arbitrary, capricious, an abuse of discretion, or not in accordance with law". Read more...

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, INTELLECTUAL PROPERTY, REMEDIES
Wabtec Corp. v. Faiveley Transp. Malmo AB, No. 07-5189
In a licensing agreement dispute involving arbitration issues, appeal from a denial of defendant's motion to dismiss plaintiff's application for preliminary injunction and expedited discovery is dismissed for lack of jurisdiction where the district court's order was not an appealable interlocutory under the collateral order doctrine or the Federal Arbitration Act. Read more...

CIVIL PROCEDURE, EVIDENCE, IMMIGRATION LAW
Ali v. Mukasey, No. 07-0460
Petition for review of a BIA order dismissing petitioner's appeal of a final order of removal on grounds that petitioner had waived the right of appeal is granted where, based on facts presented, the BIA's finding of waiver was not based on substantial evidence. Read more...


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