SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S. City of Oakland, California v. Oakland Raiders.

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Government Statute Cause of Action Litigation 91

Constitutional Law Reporter

MARCH 21, 2022

S. _ (2022), the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. EMW agreed to dismiss claims against the attorney general without prejudice.

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Laws Attorney Litigation Litigating 52

Conflict of Laws

DECEMBER 6, 2023

It is unsurprising then that Princess sought to defend the proceedings at a preliminary stage through litigation over where to litigate. The decision is significant not just for the litigants. In September 2022, by majority, the Full Court of the Federal Court allowed the Princess appeal.

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Contract Laws Court Statute 70

Day on Torts

MARCH 11, 2022

W2020-00917-COA-R3-CV, 2022 WL 589926 (Tenn. 28, 2022), plaintiff was the brother of a patient who had died after a brief stay at defendant nursing home. Plaintiff also testified that he printed the power of attorney form online, and that anytime he presented the document, he stated that he was not sure of its legality.

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Attorney Statute Healthcare Court 59

Patently O

MARCH 7, 2022

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

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Contract Statute Litigation Litigating 116

Patently O

OCTOBER 18, 2023

2022-1212 (Fed. Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. Lets look at the statute. by Dennis Crouch In the trademark case of Great Concepts, LLC v. Chutter, Inc. ,

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Statute Attorney Sports Court 62

Diane Drain

MAY 15, 2021

On January 1, 2022, HB2617 will become the law of Arizona. There are three parts to the bill and its amendments: The bill increases a homeowner’s homestead exemption from $150,000 to $250,000 effective January 2022. After January 1, 2022 all past valid judgments are now going to attach to your homestead.

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Laws Litigation Litigating Court 197

Diane Drain

APRIL 3, 2021

That statute made a number of additional temporary changes to the Bankruptcy Code, all of which, by their terms, expire either one year or two years after the changes became effective. These changes apply only to cases commenced under Chapter 11 Subchapter V and they expire December 27, 2022. This change expires on December 27, 2022.

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Small Business Statute Contract Attorney 104

Patently O

AUGUST 18, 2022

Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. August 17, 2022). At that point, the district court stayed litigation until the IPR concluded in 2020. Ingenio, Inc. ,

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Litigation Litigating Court Statute 73

ClimateChange-ClimateLaw

DECEMBER 2, 2022

On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. and global climate litigation movement.

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Litigation Litigating Cause of Action Punitive Damages 98

Patently O

MAY 6, 2022

The statute does not create any express ‘safe harbor’ for the generic manufacturer against liability for patent infringement. This situation was litigated most recently in GlaxoSmithKline LLC v. In these cases we’re talking about many millions of dollars in sales. Teva Pharm. USA, Inc. , 4th 1320 (Fed. Teva Pharm.

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Manufacturing Statute Litigation Litigating 61

Day on Torts

APRIL 1, 2022

E2021-00714-COA-R10-CV, 2022 WL 951256 (Tenn. 30, 2022), plaintiff filed this HCLA suit alleging that decedent died while a resident of defendant nursing home due to defendant’s negligence. The Court explained: “Our holding here does not render those types of certificates of good faith non-compliant with the statute.

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Depositions Healthcare Statute Court 59

JonathanTurley

OCTOBER 30, 2022

She later deleted her account (likely after her attorney regained consciousness). See Pennsylvania General Assembly Statute §7102. Griffen then appealed and the attorney for the Haunted Hotel quoted Hunter S. The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White.

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Tort Litigation Litigating Manufacturing 36

Patently O

OCTOBER 11, 2021

” Hurdle of Concrete Harm : Although the APA permits an action to compel agency action, the statute typically requires that the plaintiff be “a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action.” That case is now on appeal. ” 5 U.S.C. Where to Appeal?:

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Statute Cause of Action Court Laws 78

Day on Torts

JULY 26, 2022

M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. July 13, 2022), plaintiffs’ son died and the local police department ruled the death a suicide. On the contrary, they were public records obtained through the Mississippi Attorney General’s Office. In Adreacchio v. Hamilton , No. Summary judgment was therefore affirmed.

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Tort Court Attorney Statute 59

Patently O

SEPTEMBER 20, 2022

In the case, the USPTO admitted (for the purposes of the litigation) that DABUS had conceived of an invention. In the face of evolving technology that redefines the potential of inventorship, the panel failed to interpret the statute “in light of [the] basic purpose” of the Patent Act. Dana-Farber Cancer Inst., 151 (1975).

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Court Statute Laws Litigation 80

Patently O

APRIL 14, 2022

118 (2014), and, for many litigants, forecloses appellate review of adverse TTAB decisions. Facts : This was not raised by Brewery’s attorneys, but I’ll also note that my 2 minute internet search revealed the Brooklyn Brewery napkin below–showing that in-fact the company may compete in the sanitizing product marketplace.

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Court Statute Litigation Litigating 127

SCOTUSBlog

FEBRUARY 23, 2022

But the rest, as anticipated, are starting to fill out the merits docket for October Term 2022. Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. New Relist.

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Statute Court Litigation Litigating 106

Patently O

SEPTEMBER 6, 2022

25, 2022) [ 21-15420 ]. Zachary Silbersher is a NY Patent Attorney. government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). by Dennis Crouch. ex rel Silbersher v. Allergan, Inc. , 21-15420, — F.4th 4th — (9th Cir.

Laws 60

Laws Government Statute Litigation 60

At the Lectern

MARCH 11, 2022

It noted that the issue has been extensively litigated in the federal courts and in other states, and said its holding was consistent with “[t]he overwhelming majority of federal district court cases. ” The opinion also mentioned the University of Pennsylvania Law School’s Covid Coverage Litigation Tracker website. .”

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Court Statute Litigation Litigating 53

Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. 5] Li Shengwu v Attorney-General [2019] 1 SLR 1081 (CA). 8] CLM v CLN [2022] 5 SLR 273; Bybit Fintech Ltd v Ho Kai Xin [2023] 5 SLR 1748. [9]

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Court Cause of Action Laws Contract 67

Patently O

FEBRUARY 29, 2024

During oral arguments, MasterCard’s attorney added to this, arguing that “given that these are two sophisticated parties and the covenant not to sue is written so broadly, why shouldn’t we read it for what it says? The first panel (2022) included Judges Lourie and Newman. In both cases Judge Stoll wrote the opinion.

Contract 52

Contract Court Laws Drafting 52

American Legal Net

JULY 8, 2021

Counsel and pro se litigants who are scheduled to argue will be expected to appear in person. Beginning Tuesday, July 6, 2021, the public counter located in Room 150 will be open to litigants and the public between 10:00 a.m. A pro se litigant must submit three paper copies of the appendix in cases in which an appendix is required.

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Court Litigation Litigating Depositions 52

SCOTUSBlog

JANUARY 20, 2022

At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v. Holcombe v.

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Court Statute Education Administrative Law 100

The Crime Report

JANUARY 13, 2023

Attorneys have accused Sheriff Joe Lopinto of failing to discipline deputies and a lack of transparency when it comes to releasing records that might shed light on their history of complaints and disciplinary action. JPSO attorney Danny Martiny said the agency could not comment because of pending litigation.

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Attorney Litigation Litigating Depose 105

SCOTUSBlog

OCTOBER 3, 2023

Until August 2022, when it sold the inn to new owners, Acheson Hotels operated The Coast Village Inn and Cottages in Wells, Maine. Even if she never intended to stay at the hotel, the court of appeals concluded, “she was still injured in precisely the way the statute was designed to protect.”

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Court Litigation Litigating Attorney 104

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigation Litigating 55

Patently O

MARCH 24, 2022

Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. 1) The litigation background. . — Dennis Crouch. This post will cover the major statutory and constitutional questions raised in the case. (1)

Statute 76

Statute Court Litigation Litigating 76

Patently O

AUGUST 27, 2023

25, 2022) [ 21-15420 ], that Silbersher lost. However, the FCA also contains a “public disclosure bar” to prevent opportunistic litigation by relators who do not contribute any original information. The case sets significant precedent in linking FCA claims to patent prosecution and fraud upon the patent office.

Government 52

Government Litigation Litigating Statute 52

LawSites

DECEMBER 29, 2021

7 warning that “any proposal that would materially change current consumer protections for clients receiving legal services and fundamentally alter the sacrosanct principles of the attorney-client relationship would be heavily scrutinized by our committees.”. Tom Umberg, D-Santa Ana, wrote a letter to bar leaders on Dec. Lee Partners.

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Legal Legal Legal Services Technology 144

Rocket Matter

OCTOBER 31, 2023

Billable hours are the time during which attorneys work on tasks related to clients’ cases. And even for firms who don’t bill by the hour, billable hours may still affect how attorneys determine fees for flat rate or subscription pricing.) What counts toward your billable hours? What is a billable hour?

Law Firm 52

Law Firm Law Firms Laws Legal 52

Patently O

JANUARY 3, 2024

After an extended bit of patent litigation, the parties entered a 2014 settlement agreement that included a mutual covenant not to challenge each other’s patents again until 2021. Ordinarily, interlocutory judgments cannot be immediately appealed, but the statute covering appellate jurisdiction has a major exception that applies here.

Contract 62

Contract Court Statute Court Decisions 62

LawSites

DECEMBER 29, 2021

7 warning that “any proposal that would materially change current consumer protections for clients receiving legal services and fundamentally alter the sacrosanct principles of the attorney-client relationship would be heavily scrutinized by our committees.”. Tom Umberg, D-Santa Ana, wrote a letter to bar leaders on Dec. Lee Partners.

Legal 52

Legal Legal Legal Services Technology 52

Patently O

MARCH 30, 2022

” Although Morse’s claim directed to a single functionally described element was deemed improper, patent attorneys quickly learned that a combination of functionally-claimed elements could work. Target Corp., — 4th —, 2022 WL 870209 (Fed. 2022 WL 885771 (Fed. See US821393. —An ” Id. VDPP LLC, v.

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Construction Court Laws Drafting 73

SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. Maria Marcus (June 23, 1933 – April 27, 2022). Read past years’ remembrances: 2021 , 2020. David Beckwith (Oct. 30, 1942 – Oct. Lois Curtis (July 14, 1967 – Nov.

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SCOTUSBlog

NOVEMBER 16, 2022

United States , involving the scope of the federal “identity theft” statute. After denying the injunction in February 2022, the court did not produce an opinion until May 4, 2022. whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to petitioner in this case. relisted after the Nov.

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Court Statute Litigation Litigating 109

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. and non-U.S. 19-1189 (U.S. filed Sept.

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Court Government Compensatory Damages Litigation 72