SCOTUSBlog

NOVEMBER 8, 2021

Fazaga , a lawsuit filed by three Muslim Americans alleging that the FBI and its agents discriminated against them based on their religion during a surveillance program in southern California. The post Justices puzzled by interaction of state-secrets privilege and federal surveillance statute appeared first on SCOTUSblog.

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Statute Government Litigation Litigating 117

LawSites

FEBRUARY 26, 2024

Courts are themselves a key part of the access to justice problem: opaque, duplicative and confusing court forms and burdensome filing processes make accessing the civil justice system deeply inefficient for the sophisticated, and an impenetrable maze for the 70+% of civil litigants who don’t have a lawyer.

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Litigation Litigating Law School Lawyer 108

SCOTUSBlog

JUNE 16, 2022

As it has so many times before, the Supreme Court rejected California’s treatment of arbitration under California law, in this case California’s Private Attorneys General Act. The California state courts (predictably) rejected that waiver as inconsistent with PAGA. Disclosure : Goldstein & Russell, P.C.,

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Court Statute Attorney Litigation 90

At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 California (1967) 386 U.S. The court granted a pro per’s petition for review in Escamilla v.

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Statute Attorney Court Litigation 45

ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 12] Here are some details about the proposed California legislation.

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Laws Law School Government Legal 98

JURIST

JANUARY 29, 2022

Earlier this month, Los Angeles County filed a petition in California Superior Court to hold Los Angeles County Sheriff Alex Villanueva in contempt for deliberately and openly ignoring three subpoenas issued by the state Civilian Oversight Commission (COC) last fall. California. low voter turnout.

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Immigration Depositions Calendaring Government 177

FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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Court Statute Manufacturing Litigation 40

FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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Court Statute Manufacturing Litigation 40

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. Trimble ␣ 315 Mo.

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Tort Litigation Litigating Manufacturing 43

At the Lectern

APRIL 9, 2024

.” They ask the court to declare the scheme to be unconstitutional as applied and to “bar[ ] the prosecution, imposition, or execution of sentences of death throughout the State of California.” California’s Constitution contains its own equal protection provision. ” (News release here.)

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Court Statute Construction Education 92

JURIST

NOVEMBER 8, 2021

The FBI employed an informant to collect information on and place recording devices in the homes of a group of Muslim Americans living in Southern California. This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security.

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Court Manufacturing Statute Litigation 197

Patently O

JANUARY 18, 2023

California Institute of Technology , Docket No. The case is extremely important for our patent system because it could define key aspects of the interplay between inter partes review (IPR) proceedings and parallel district court litigation. But, the petition is pre-IPR and thus not “during” the IPR as the statute requires.

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Court Statute Litigation Litigating 77

Patently O

FEBRUARY 21, 2022

To be clear Samsung and LG have previously litigated in Texas, they have lawyers in the state and lawyers willing to go to the state. The inconvenience of litigation is almost a total farce here. The statute provides two different ways for finding proper venue. First , state of incorporation.

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Litigation Litigating Technology Lawyer 89

Chugh LLP

JUNE 15, 2021

Motions are one way to accomplish that goal, since they may be effective at getting certain lawsuits dismissed during the early stages of litigation. In California, a motion for sanctions may be one of the most successful methods for dismissal. Complaints are rarely dismissed based on demurrers in California. conclusion.

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Demurrer Attorney Litigation Litigating 52

Conflict of Laws

JANUARY 30, 2021

A blocking statute is adopted by a country to hinder the extraterritorial application of foreign legislation. [1] 1] For example, the EU adopted Council Regulation No 2271/96 (hereinafter “EU Blocking Statute”) in 1996 to protest the US’s extraterritorial sanctions legislation concerning Cuba, Iran and Libya. [2] Background.

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Statute Government Laws Contract 52

Patently O

FEBRUARY 22, 2022

California Institute of Technology v. The problem with that statement was that the statute appears to directly limit estoppel to challenged patent claims. by Dennis Crouch. Broadcom Ltd. The Federal Circuit inadvertently created some confusion when it released its February 4 opinion in CalTech. Errata opinion (Feb 22, 2022).

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Litigation Litigating Statute Technology 94

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. 32; 285 S.W.

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Tort Litigation Litigating Manufacturing 35

The IP Law Blog

OCTOBER 26, 2023

The plaintiff, Kim Martinez, is a political and legislative director of a labor union representing public sector employees in California. Martinez filed a lawsuit on behalf of herself and a proposed class of California citizens whose profiles may have appeared in ZoomInfo’s “teaser profiles” without their consent.

Laws 67

Laws Statute Court Litigation 67

Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

Statute 40

Statute Litigation Litigating Court 40

SCOTUSBlog

APRIL 21, 2023

RICO statute; Yegiazaryan’s alleged RICO crimes were committed to prevent Smagin from enforcing a British arbitration award in the United States. Background To understand the claims before the court, it is helpful to review the byzantine factual and procedural history of this litigation.

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Court Statute Real Estate Litigation 88

FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. For example, California’s drug marketing law requires pharmaceutical companies to adopt an internal marketing compliance policy that aligns with the PhRMA Code.

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Manufacturing Statute Litigation Litigating 98

At the Lectern

MARCH 21, 2024

” The dissent claimed the majority’s “interpretation extends MICRA’s statute of limitations unpredictably and unfairly.” b)(1)(C) says “shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act.” ” ADA complaints and the UCL.

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Court Personal Injury Small Business Statute 53

Conflict of Laws

DECEMBER 6, 2023

The respondents are foreign companies: Princess Cruise Lines Ltd is incorporated in Bermuda and headquartered in California; Carnival plc is a UK company which functions together with a Panama-incorporated US-headquartered company, and is dual listed on the New York Stock Exchange and the London Stock Exchange.

Contract 71

Contract Laws Court Statute 71

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. 32; 285 S.W.

Tort 36

Tort Litigation Litigating Manufacturing 36

SCOTUSBlog

JUNE 23, 2023

Smagin adopts a “context-specific inquiry” to determine whether a plaintiff in a private lawsuit brought under the Racketeer Influenced and Corrupt Organizations Act has alleged “a domestic injury to its business or property” sufficient to state a civil claim for damages under Section 1964(c) of the federal RICO statute.

Statute 68

Statute Court Litigation Litigating 68

JonathanTurley

JUNE 9, 2023

for shipping undocumented migrants to California. It is a curious call for a governor to make after he ran ads in Florida calling on people to “join us in California.” came across as the ultimate example of California dreaming, as Newsom and a chorus of politicians and pundits called for Gov. Ron DeSantis (R.,

Laws 37

Laws Misdemeanor Attorney Felony 37

FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. For example, California’s drug marketing law requires pharmaceutical companies to adopt an internal marketing compliance policy that aligns with the PhRMA Code.

Manufacturing 75

Manufacturing Statute Litigation Litigating 75

The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

Laws 98

Laws Statute Court Litigation 98

The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. An IPR functions similar to a civil litigation once instituted. In Apple Inc. Hirshfeld, case number 5:20-cv-06128, in the U.S. 100 et seq. ,

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Court Litigation Litigating Technology 75

Patently O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 4-weeks after discovering the breach, Waste Management disclosed the breach to individuals as well as to the California Attorney General (required by statute). 24, 2022) [ WasteManagementDismissal ].

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Contract Statute Litigation Litigating 117

Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

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Litigation Litigating Statute Court 61

SCOTUSBlog

SEPTEMBER 29, 2023

California Coastal Commission and Dolan v. On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation.

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Calendaring Court Statute Court Rules 113

Conflict of Laws

JULY 26, 2021

2] In April 2021, Justice Perram awarded Apple a temporary three-month stay of proceedings on the basis of an exclusive foreign choice of court agreement in favour of the courts of the Northern District of California. 1] Fortnite is played by over three million Apple iOS users in Australia. [2] 3] Epic appealed to the Full Court.

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Laws Court Litigation Litigating 98

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. By Michael Burger. BP P.L.C. , BP P.L.C. , BP P.L.C. ,

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Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

MARCH 29, 2022

Share The last few decades have witnessed the working out in several cases of a sustained disagreement between the Supreme Court and California legislators and judges. This case involves PAGA , California’s Private Attorneys General Act. Concepcion have rejected such California rules in the past.

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Attorney Litigation Litigating Court 88

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. That question turned on whether California law or Spanish law governed. The full painting.

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Tort Court Laws Litigation 124

The Crime Report

DECEMBER 13, 2021

Supreme Court invalidated capital punishment statutes in several states in Furman v. The largest declines in the number of prisoners under sentence of death in 2020 occurred in California (down 24 prisoners) and Pennsylvania (down 14). But California still held over 28 percent of death row inmates at the end of 2020.

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Statute Litigation Litigating Government 145