Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. government.

Court Rules 52

Court Rules Court Cause of Action Statute 52

JURIST

OCTOBER 9, 2021

” He argued that the federal government could not be a plaintiff in this case because it lacks standing and lacks a cause of action in the case. .” In his motion to the circuit court , he had written, “The district court’s injunction violates the separation of powers at every turn.”

Laws 195

Laws Cause of Action Court Attorney 195

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. Code, § 810 et seq.)

Government 49

Government Court Contract Cause of Action 49

SCOTUSBlog

NOVEMBER 3, 2023

The government contends, though, that it has sovereign immunity and thus cannot be forced, as a private lender could be forced, to comply. The lower courts rejected the government’s argument, but the justices have agreed to take a second look. The government would limit that situation to two narrow statutory scenarios.

Statute 105

Statute Government Cause of Action Drafting 105

Patently O

SEPTEMBER 29, 2023

First Quality says that the accrual of a claim, the event that triggers the running of a statute of limitations, occurs when “a plaintiff knows of a cause of action,” but that is not ordinarily true. As we wrote in Petrella , “[a] claim ordinarily accrues when [a] plaintiff has a complete and present cause of action.”

Statute 123

Statute Cause of Action Court Litigation 123

SCOTUSBlog

MARCH 1, 2022

Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada The judicially created Bivens cause of action functions as the counterpart to 42 U.S.C. The federal government’s arguments.

Cause of Action 99

Cause of Action Immigration Tort Government 99

JURIST

APRIL 9, 2021

The Act prohibits D&E abortions, providing exceptions only for when the abortion is “necessary to preserve the life of the pregnant woman” or when “continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.”

Court 197

Court Cause of Action Government Legal 197

Conflict of Laws

FEBRUARY 5, 2021

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.

Cause of Action 98

Cause of Action Laws Court Litigation 98

JURIST

MARCH 5, 2021

There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings. It also reprimanded the petitioners for filing a case when they have no relation to the subject matter and imposed costs of Rs. 50,000 ($684) to “discourage such endeavours.”

Court 151

Court Cause of Action Depositions Government 151

SCOTUSBlog

JANUARY 2, 2024

Hicks 23-324 Issues : (1) Whether a cause of action exists under Bivens v. United States 23-327 Issue : Whether the review of the evidence in a suppression-hearing record “in the light most favorable to the government” conflicts with the standard of review articulated in Ornelas v. Ferreyra v.

Attorney 131

Attorney Cause of Action Court Government 131

The IP Law Blog

MARCH 14, 2024

The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It It is unclear from the Court’s Order as to why the OpenAI defendants did not also move to dismiss this cause of action.)

Cause of Action 112

Cause of Action Court Laws Legal 112

SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States. Why, you might ask, should this matter?

Statute 73

Statute Cause of Action Government Court 73

Patently O

JULY 26, 2021

General rights of privacy allow a person to keep secret information without intrusion by the government or by wrongful acts by third parties. Government enacted the Defend Trade Secrets Act (DTSA) that created a federal cause of action. Government enacted the Defend Trade Secrets Act (DTSA) that created a federal cause of action.

Cause of Action 97

Cause of Action Government Laws 97

LettersBlogatory

AUGUST 23, 2021

” France has an administrative claims process for victims of the Nazis and the Vichy government. It creates an exception to foreign sovereign immunity but does not itself create a cause of action. 1605A, does not just create an exception to immunity but also creates a federal cause of action).

Cause of Action 52

Cause of Action Statute Tort Court 52

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Kavanaugh wrote a short concurrence, joined by Gorsuch, focused on the risks of judicial extension of remedies for implied causes of action.

Court Rules 98

Court Rules Court Contract Statute 98

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society. In the case of A.B.C.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

LawSites

FEBRUARY 22, 2023

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government.

Drafting 91

Drafting Legal Legal Contract 91

SCOTUSBlog

AUGUST 19, 2022

Under the Fifth Amendment, “private property” cannot be “taken for public use” by the government “without just compensation.” Four years later, however, with the companies on their feet, the government changed its mind. They filed a series of lawsuits against the government. The court in Collins v. Coinbase, Inc.

Court 129

Court Government Cause of Action Finance 129

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 88

Court Statute Cause of Action Contract 88

Constitutional Law Reporter

APRIL 10, 2024

The justices unanimously held that speech by a government official about job-related topics on social media is attributable to the state only if the official had actual power to speak on the state’s behalf and purported to exercise that authority when he spoke on social media. . _ (2024), the U.S.

Court 52

Court Cause of Action Government Court Rules 52

NewmanFerraraLLP

MARCH 1, 2023

And after reviewing the governing law, it concluded that Stennet had failed to provide the required written disclosures. Since the $500 charge wasn’t contested, the AT2’s focus was on the propriety of the broker’s fee and whether the owner -- a licensed broker -- was legally entitled to collect same.

Real Estate 52

Real Estate Cause of Action Government Laws 52

Day on Torts

DECEMBER 30, 2020

Based on the reasoning of Mills , the Court concluded that the plaintiff in this case was sufficiently on notice of her cause of action on the date of the accident to begin the limitations period. internal citation omitted).

Cause of Action 64

Cause of Action Statute Tort Court 64

Conflict of Laws

APRIL 13, 2023

The limitation in India is governed by the Limitation Act, 1963 (“Limitation Act”). Under Indian law, the limitation for the type of cause of action at stake, in this case, was three years as opposed to Malaysian law, where the limitation was six years. Interestingly, the Singapore Court of Appeal in BBA v.

Laws 98

Laws Procedural Law Contract Government 98

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

Statute 99

Statute Court Contract Tort 99

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late. Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief.

Court 90

Court Statute Cause of Action Government 90

Constitutional Law Reporter

FEBRUARY 8, 2024

Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. Natural Resources Defense Council , or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”

Statute 52

Statute Cause of Action Entertainment Court 52

Day on Torts

FEBRUARY 2, 2023

While a claim for intentional interference with business relationships does not “arise out of a claim for interference with contract rights” and is thus not expressly listed in the GTLA as a cause of action for which a governmental entity retains immunity, because it is an intentional tort, a plaintiff seeking to assert an intentional interference (..)

Tort 59

Tort Contract Cause of Action Construction 59

SCOTUSBlog

JANUARY 19, 2022

The question before the justices is whether a federal court hearing state law claims under the Foreign Sovereign Immunities Act must apply the state’s choice-of-law rules to determine what substantive law governs the claims at issue, or must instead use federal common law to choose the source of the substantive law. But under the U.S.

Laws 121

Laws Court Cause of Action Government 121

SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. 1229(a) , the government must provide a “notice to appear” in all removal proceedings. Under 8 U.S.C. Tori Madden) The question before the justices on Jan. Yonas Fikre, a U.S.

Government 86

Government Statute Court Cause of Action 86

JonathanTurley

NOVEMBER 23, 2021

” One of the most sought after positions are “Coker Fellows” who work as teaching assistants.

Cause of Action 37

Cause of Action Laws Law School Tort 37

SCOTUSBlog

MAY 15, 2023

First, she notes that the court routinely has applied the rule in cases “naming the federal government, States, and Indian tribes as defendants.” The other involves “a statute [that] creates a cause of action and authorizes suit against a government on that claim.”

Statute 55

Statute Finance Government Cause of Action 55

Patently O

APRIL 17, 2024

INTA argues that the existence of the false marking statute, which prohibits deceptively marking an unpatented article as patented, supports the notion that false claims about patent protection are actionable under the Lanham Act. See Zenith Elecs.

Statute 113

Statute Cause of Action Sports Court 113

ClimateChange-ClimateLaw

DECEMBER 2, 2022

Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. Many of those cases include similar arguments that the companies knowingly marketed harmful products and misled the public about those harms.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

SCOTUSBlog

NOVEMBER 7, 2022

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., HHC argues that courts must read Section 1983 against the background of 1871 common law (when Congress enacted the KKK Act); common law at that time did not allow third-party beneficiaries to enforce contracts, particularly government contracts.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. Patent and Trademark Office ….

Contract 98

Contract Litigation Litigating Cause of Action 98

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Local and state government plaintiffs want the cases to remain in state court, where they can argue that climate nuisance claims are similar to past common law efforts to hold companies accountable for misleading the public about their products’ harms, like those against tobacco companies. Chevron Corp.

Court 80

Court Tort Cause of Action Litigation 80

Day on Torts

AUGUST 2, 2021

At that time, Officer Godsey and a 911 operator “casually discussed the situation…[and] no action was taken then to shut down the highway or undertake any other preventative measures.” One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.”

Tort 59

Tort Cause of Action Statute Court 59