NewmanFerraraLLP

FEBRUARY 5, 2023

and causes of action. After the New York County Supreme Court dismissed the buyer’s case, an appeal to the Appellate Division, First Department, ensued. And by a Decision & Order dated December 15, 2022, the AD1 determined that, pursuant to state law, the monies rightfully belonged to the party that paid the tax.

Real Estate 52

Real Estate Cause of Action Court Laws 52

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. The Liquidators in turn sought orders from the BVI court that those assets were owned by the defendant and subject to the BVI Liquidation proceedings.

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Court Cause of Action Laws Contract 67

Conflict of Laws

JUNE 4, 2023

The following case, very recently decided by the Dubai Supreme Court, is nothing but one of many examples which show how misconceptions and confusion regarding the notion of “recognition” would lead to unpredictable results ( cf. 3174/2021 of 27 January 2022 ). 329/2022 of 14 November 2022 ). 2684 of 25 January 2023 ).

Court 52

Court Legal Legal Cause of Action 52

Conflict of Laws

AUGUST 22, 2023

The 2020 update and 2022 update were also posted on Conflictoflaws.net. Please note that in In re DAR (2022) Jing 01 Po Shen No. 786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 99 Trade Co. Ltd (2019) Jing 04 Xie Wai Ren No.3,

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

At the Lectern

SEPTEMBER 16, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Forum selection : The court agreed to hear Gerro v. ” Uncommonly for a civil case, review comes after an unpublished opinion , this one by the Second District, Division One, Court of Appeal. Covid statute of limitations.

Court 56

Court Statute Cause of Action Laws 56

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. The court granted review in County of Santa Clara v. The court granted-and-held in In re Z.T. The court granted review in Cynosure, LLC v.

Government 49

Government Court Contract Cause of Action 49

Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision.

Cause of Action 52

Cause of Action Court Tort Immigration 52

Day on Torts

NOVEMBER 7, 2022

M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. Plaintiff was thus not entitled to the 120-day time extension under the HCLA, and the trial court granted dismissal based on untimeliness. In Jackson v. Vanderbilt University Medical Center , No.

Statute 59

Statute Tort Cause of Action Diligence 59

At the Lectern

AUGUST 11, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Implied easements. The court agreed to hear Romero v. Shih , at least to decide this limited issue: “Did the trial court correctly find the existence of an implied easement under the facts?” ” Sentencing.

Prima Facie Case 49

Prima Facie Case Punitive Damages Court Cause of Action 49

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The previous approach to service outside Australia in the Federal Court.

Court 40

Court Prima Facie Case Statute Laws 40

Patently O

OCTOBER 20, 2022

Oct 17, 2022) is a companion case another recent opinion, Weisner v. Oct 13, 2022). Both district courts dismissed infringement lawsuits at the pleading stage and the “abstract idea” question was up on appeal. Zillow Group, Inc. , — F.4th 4th — (Fed. Google, — F.4th 4th — (Fed.

Demurrer 84

Demurrer Cause of Action Litigation Litigating 84

Day on Torts

APRIL 15, 2022

A provision of the GTLA allowing for the recovery of attorney’s fees by a governmental employee who was the prevailing party in a GTLA suit was constitutional and did not deprive plaintiff of her right to access the courts. M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. When the case was remanded to the trial court, Ms.

Statute 59

Statute Attorney Cause of Action Court 59

Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. by Dennis Crouch Lindke v. Freed, 601 U.S. 2024) 22-611_ap6c. ” 42 U.S.C. ” 42 U.S.C. Edmondson Oil Co.,

Government 63

Government Court Statute Cause of Action 63

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

Government 85

Government Statute Cause of Action Litigation 85

Fordham Law News

DECEMBER 2, 2022

The lawsuit filed by Prince and House has three causes of action. [6] The lawsuit filed by Prince and House has three causes of action. [6] After the plaintiffs filed their complaint, the defendants filed a motion to dismiss, but the District Court denied it. [10] 25, 2022), [link]. [12] 24, 2022), [link].

Sports 52

Sports Cause of Action Education Technology 52

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. 2021 Federal Court Decision . In May 2021, the Court dismissed the application for an injunction. Background on the claim.

Litigation 40

Litigation Litigating Court Personal Injury 40

Patently O

OCTOBER 11, 2021

In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Abuse of Discretion : Courts and administrators are often given discretionary authority to make decisions. by Dennis Crouch.

Statute 79

Statute Cause of Action Court Laws 79

Day on Torts

APRIL 21, 2022

E2020-00688-COA-R10-CV, 2022 WL 1042733 (Tenn. April 7, 2022), plaintiff was the school secretary at an elementary school, and defendant was the employer of school bus drivers for that school. Defendant had filed a motion to dismiss, which the trial court denied, ruling that plaintiff had satisfied the elements of that claim.

Tort 52

Tort Court Cause of Action Education 52

At the Lectern

JULY 20, 2023

Supreme Court actions of note at its conference yesterday included: Negligent infliction of emotional distress. The court agreed to hear Downey v. The court yesterday also granted review in Lanier v. The court also granted review in People v. ” Vehicle sales arbitration. ” Vehicle sales arbitration.

Law School 40

Law School Demurrer Manufacturing Contract 40

Day on Torts

MAY 11, 2022

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. The Court of Appeals began by looking at Tenn. State , No. On appeal, that ruling was reversed. Code Ann. §

Tort 59

Tort Statute Cause of Action Court 59

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. In Municipalities of Puerto Rico v.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. The County filed a motion to dismiss based on the GTLA discretionary function exception and/or the public duty doctrine, which the trial court granted, but the Court of Appeals reversed.

Tort 59

Tort Cause of Action Court Statute 59

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn.

Tort 59

Tort Statute Attorney Court 59

Conflict of Laws

DECEMBER 19, 2022

The conditions under which national courts may seek a preliminary ruling are based on the established jurisdiction of the European Court of Justice (CJEU) and are summarised in Article 94 of the Rules of Procedure of the CJEU. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law.

Court 52

Court Cause of Action Laws Legal 52

Day on Torts

MARCH 22, 2022

E2021-00261-COA-R3-CV, 2022 WL 678568 (Tenn. 8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. The trial court granted defendant’s motion for summary judgment, finding that plaintiff could not have reasonably relied on defendant’s alleged statement, and the Court of Appeals affirmed.

Contract 52

Contract Tort Real Estate Cause of Action 52

LawSites

NOVEMBER 29, 2022

But Akin Gump, in its complaint for damages and injunctive relief filed in the District of Columbia Superior Court and in a petition to the U.S. 2022 CA 004744 B, filed in the Civil Division of the Superior Court of the District of Columbia. It’s absurd – and, frankly, a little embarrassing for him.” Pierce , Caroline L.

Drafting 52

Drafting Law Firm Law Firms Laws 52

Conflict of Laws

MARCH 22, 2022

They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. Lehmann: Locating Financial Loss and Collective Actions in Case of Defective Investor Information: The CJEU’s Judgment in VEB v BP. 1 Brussels I Regulation.

Contract 8

Contract Tort Litigation Litigating 8

LawSites

JANUARY 4, 2023

As I reported here in November , the law firm Akin Gump Strauss Hauer & Feld has sued Xcential for misappropriation of trade secrets, breach of contract, and other causes of action. This Goliath has stepped forward and filed multiple actions against us, first at the U.S. Superior Court in October. The Holy Grail?

Drafting 98

Drafting Technology Government Law Firm 98

JonathanTurley

OCTOBER 30, 2022

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

Tort 36

Tort Litigation Litigating Manufacturing 36

Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. 2022-2170 (Fed. The district court agreed, finding their contributions were significant to the conception of the claimed invention. Tube-Mac Indus., Campbell , No.

Statute 58

Statute Cause of Action Court Rules Court 58

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

Court 54

Court Government Litigation Litigating 54

The IP Law Blog

JANUARY 11, 2024

In 2021, at the age of 30, he filed his lawsuit and after two rounds of amended pleadings, filed a second amended complaint in January 2022. 2255, which allows victims of child pornography to bring a civil cause of action. The district court agreed with the defendants and dismissed the complaint with prejudice.

Personal Injury 62

Personal Injury Statute Cause of Action Court 62

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. Sheetz came to the Supreme Court, asking the justices to apply the court’s Nolland/Dolan test and find the county’s fee a violation of the takings clause. Under 8 U.S.C.

Government 80

Government Statute Court Cause of Action 80

Patently O

JUNE 5, 2022

Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . ” In particular, the appellate court suggested that “an objective review of the record demonstrates a degree of antagonism against Mycroft that is higher than that being applied against Tumey.”

Litigation 62

Litigation Litigating Cause of Action Court 62

The IP Law Blog

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. District Court for the Central District of California granted its motion. Reddit, Inc.

Statute 96

Statute Court Cause of Action Litigation 96

JURIST

SEPTEMBER 27, 2023

” As a result, the court found that Trump and his two sons, Donald Trump Jr. The court also placed blame on various corporate entities underlying the Trump Organization. Engoron also appointed an independent monitor to oversee Trump’s compliance with the court order.

Cause of Action 211

Cause of Action Attorney Legal Legal 211

SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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Stare Decisis Court Statute Government 145