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• Position of wired glass in the 2004 IBC Supplement ( July 2006 )
  Thomas S. Zaremba of Roetzel & Andress A Legal Professional Association

  Wired glass still remains the top-performing fire-rated glazing material in the United States. Unfortunately, it has fallen victim to a weakness that exists in our code development process. For at least the last 10 years, competitors have sought to increase market share by reducing the areas where the codes allow wired glass to be used. Without regard to whether any technical support existed, code officials at the International Code Council’s Final Action Agenda in May at Overland Park, Kansas, said, "Ten years of debate is enough," and voted to adopt S85-03/04, further restricting the permissible use of wired glass in hazardous locations.

• Implications of D.C. Circuit Stay of the NSR Routine Maintenance Exclusion's Equipment Replacement Provision ( January 2004 )
  Nixon Peabody LLP

  On December 24, 2004, a three-judge panel of the District of Columbia Circuit Court of Appeals granted the motions by several states and environmental groups to stay the recently promulgated equipment replacement provision. In granting the stay, the D.C. Circuit found that "Petitioners have demonstrated the irreparable harm and likelihood of success on the merits required for the issuance of a stay pending review."

• Do Court Status Inquiries Constitute 'Activity' Sufficient For Case Dismissal Under Florida Law? ( August 2003 )
  Swartz Campbell LLC

  FloridaÂ’s civil defense attorneys have long used Florida Rule of Civil Procedure 1.420(e) to have languishing plaintiffs' cases dismissed. This rule was further clarified on June 20, 2002 by a Florida Supreme Court decision on the type of activity that would be deemed insufficient to preclude a dismissal of a case for failure to prosecute.

• Supreme Court Nominees and the Fourth Circuit Curse ( March 2003 )
  Adam M. Gershowitz of Covington & Burling LLP

  It has been over eight years since a Supreme Court justice has retired, and with the 2002 Republican electoral gains there is speculation that Chief Justice Rehnquist or one of his colleagues will step down from the high court. The majority of pundits expect that White House Counsel Alberto Gonzalez will be President Bush's first Supreme Court nominee. It is widely known, however, that the President's conservative base favors a nominee more in the mold of Justices Antonin Scalia and Clarence Thomas.

• Holmes v. Vornado: A Restatement of the "Arising Under" Jurisdiction of Federal Courts ( November 2002 )
  James W. Dabney of Pennie & Edmonds LLP

  On June 3, 2002, the Supreme Court issued one of its most important decisions in decades construing the "arising under" jurisdiction of United States District Courts. In <u>Holmes Group, Inc</u>. v. <u>Vornado Air Circulation Systems, Inc</u>., seven Justices of the Court held that a civil action is not one "arising under" federal law - including federal patent, trademark, and copyright law - if the well-pleaded complaint of the plaintiff does not allege a claim whose resolution depends on a substantial question of federal law.

• Recent Decisions on Patent and Copyright Jurisdiction ( October 2002 )
  Barry J. Hurewitz and David B. Bassett of Wilmer Cutler Pickering Hale and Dorr LLP

  The Court of Appeals for the Federal Circuit was created in 1982 as the court having exclusive appellate jurisdiction over appeals from a final decision of a district court "if the jurisdiction of that court was based on an action arising under federal patent law." Before the Federal Circuit was created, appeals went to the regional circuits (as they do for most cases), where the likelihood of success could vary significantly among circuits. Some circuits had a reputation for holding patents invalid much more often than other circuits. The Federal Circuit was supposed to bring uniformity to patent law.

• Second Circuit Clarifies New York Law On Enforcement Of Debt Instruments ( February 2000 )
  Melissa I. Hoffman of Weil, Gotshal & Manges LLP

  This article reviews Elliott Associates, L.P. v. Banco de la Nacion and The Republic of Peru whereby the Second Circuit clarified New York Law on enforcement of debt instruments.

• Understanding the Federal Courts ( August 1999 )
  Administrative Office of US Courts, Article III Judges Division

  This pamphlet provides a basic understanding of the organizational structure of the United States judicial system.

• Precision in Protests Required ( February 2000 )
  Martin J. Ward of Law Office of Stephen J. Leahy

  COURT FINDS IMPRECISE PROTEST INVALID Most importers and Customs Brokers know that an importer can contest a Cus.