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 ).

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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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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.

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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.

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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.

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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. Federal litigation begins with a plaintiff filing a complaint. Zillow Group, Inc. , — F.4th

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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. This litigation should be a warning to all innovative legal technology providers.”. 2022 CA 004744 B, filed in the Civil Division of the Superior Court of the District of Columbia.

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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.

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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. Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. and non-U.S. FEATURED CASE.

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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.”

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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.

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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.

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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.

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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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SCOTUSBlog

AUGUST 8, 2023

Share The Supreme Court on Tuesday allowed the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns” while a challenge to the rule continues in a federal appeals court. On June 30, O’Connor vacated the rule nationwide.

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The Crime Report

OCTOBER 6, 2023

Under New York state’s 1986 version of the federal RICO Act, the enumerated causes of action in this lawsuit constitute “enterprise corruption,” or an array of fraudulent conduct involving both illegitimate and legitimate businesses.

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SCOTUSBlog

DECEMBER 1, 2023

Share Sandra Day O’Connor, a self-described “Arizona cowgirl” who made history as the first woman to serve as a Supreme Court justice, died on Friday in Phoenix, Arizona. The cause was complications related to advanced dementia, probably Alzheimer’s disease, and a respiratory illness, the Supreme Court announced. She was 93.

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