Day on Torts

APRIL 14, 2023

The statute of repose for defective improvements to real property did not apply where defendants were the property owners of the pipe culvert at issue in the case. 23, 2023), plaintiff property owner sued defendants, who owned the adjacent property, “for damages allegedly caused by the installation of a pipe culvert.” In Clayton v.

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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Statute Cause of Action Court Contract 98

SCOTUSBlog

DECEMBER 1, 2022

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

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Law 360

JULY 19, 2023

State and federal courts have handed down rulings in Illinois cases so far this year that have altered the legal landscape for biometric privacy claims in the state, opened up an area of uncertainty for False Claims Act litigants and upheld a state statute tacking 6% prejudgment interest onto personal injury and wrongful death verdicts.

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Personal Injury Statute Litigation Litigating 98

Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. One year and one day after the accident, plaintiff filed this personal injury action, and defendant filed a motion to dismiss based on the one-year statute of limitations.

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Personal Injury Statute Cause of Action Court 52

Broadcast Law Blog

JANUARY 29, 2023

The new deadline is February 28, 2023. While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

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Sports Manufacturing Statute Laws 98

Day on Torts

FEBRUARY 19, 2024

29, 2023), plaintiff was assaulted with a baseball bat on February 20, 2020, and he sought medical treatment from defendants on March 1. Dismissal of the claims related to the care plaintiff received less than one year prior to the filing of his complaint was reversed. In Vandergriff v. Erlanger Health Systems , No.

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Statute 52

Day on Torts

JULY 10, 2023

Where a pro se plaintiff knew about defendants’ alleged legal malpractice more than one year before he filed suit, summary judgment based on the statute of limitations was affirmed. In Garrett v. Weiss , No. E2022-01373-COA-R3-CV (Tenn.

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JURIST

JANUARY 27, 2024

The strikes took place between August and November 2023 and resulted in significant civilian casualties in crowded markets and a funeral, according to a recent report by the international human rights organization. HRW called for an immediate, independent, and transparent investigation by the Burkinabe government into the drone strikes.

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Conflict of Laws

MARCH 2, 2024

The second issue of 2023 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features: Giuseppe Trisorio Liuzzi (Professor at the Università degli Studi di Bari “Aldo Moro”), La composizione negoziata. 222 of December 21, 2023, and No. Another book review is by Angela M.

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Family Law Procedural Law Laws Diligence 56

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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Statute Court Tort Healthcare 59

JURIST

JANUARY 22, 2024

The Philippines became a party to the Rome Statute , the founding treaty of the ICC, in November 2011. However, it withdrew from it in 2018 in accordance with Article 127 of the statute. Following the commencement of the preliminary examination, the Philippines subsequently withdrew from the statute.

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Statute Government Court Laws 189

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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Diligence Litigation Litigating Legal 56

JURIST

MARCH 5, 2024

According to a Court announcement, Sergei Kobylash, a Lieutenant General in the Russian Armed Forces, and Viktor Sokolov, a Navy Admiral, are accused of having ordered attacks on civilian objects and of having caused excessive incidental civilian harm, in violation of Article 8 of the Rome Statute. 2022 and Mar.

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Statute Court Criminal Law Laws 239

The Crime Report

JANUARY 10, 2023

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

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Felony Misdemeanor Drafting Statute 98

Patently O

FEBRUARY 20, 2023

As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility. 2023) , highlights the current state of the law. Constitution authorizes Congress to legislatively create a patent system. The recent decision in Hawk Tech Sys. Castle Retail , — F.4th

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Technology Court Decisions Court Statute 89

JURIST

DECEMBER 2, 2023

.” It also provides that “both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve” On October 31, Guyana asked the court to indicate provisional measures under Article 41 of the ICJ statute.

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Court Statute Government Legal 222

Constitutional Law Reporter

OCTOBER 25, 2023

Supreme Court returned to the bench on October 2, 2023. In granting certiorari, the justices have agreed to decide the following question: “Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. Please check back for updates.

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Court Constitutional Law Statute Laws 52

JURIST

APRIL 14, 2024

Hunter Biden’s original motion to dismiss the charges alleged that the appointment of Special Counsel David Weiss, appointed by Attorney General Merrick Garland in 2023, was unlawful under Department of Justice (DOJ) regulations , which state that “The Special Counsel shall be selected from outside the United States Government.”

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Day on Torts

DECEMBER 28, 2023

M2022-00597-COA-R3-CV, 2023 WL 4451631 (Tenn. July 11, 2023). Plaintiff first filed suit on December 12, 2014, relying on the 120-extension of the statute of limitations provided by Tenn. The Tennessee Supreme Court has accepted Rule 11 review of Richards v. Vanderbilt University Medical Center , No. ” Continue reading

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JURIST

MARCH 5, 2024

While the court typically does not permit such proceedings, Article 61 of the Rome Statute allows for confirmation of charges hearings to proceed in the absence of the suspect if all reasonable efforts to secure their appearance have been taken.

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Statute Court Rules Court Lawyer 197

Conflict of Laws

DECEMBER 21, 2023

It only considers some cross-border effects of the statute in the context of the proportionality test. . – In its decision on the Act to Combat Child Marriages, the Federal Constitutional Court of Germany does not explicitly address the applicability of fundamental rights in private international law.

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Contract Constitutional Law Laws Legal 56

JURIST

JULY 30, 2023

A Court of Appeal in Kenya lifted the suspension on the controversial Finance Act 2023 on Friday. They questioned whether a presumed constitutional statute should be suspended before its constitutionality is challenged and they challenged the High Court’s decision, citing a violation of the separation of powers doctrine.

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Finance Court Statute Government 197

JURIST

JUNE 11, 2023

” Additionally, Smiley argues that the law violates the Due Process Clause of the Fourteenth Amendment because key terms of the statute are “impossibly vague and lack any ascertainable standards for determining whether or not the law has been violated.”

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Laws Statute Education Legal 197

JURIST

SEPTEMBER 8, 2023

It is the HRW’s opinion that the Taliban’s policies against women have committed crimes against humanity under the Rome Statute. To constitute a crime against humanity under the Rome Statute , the acts must be a widespread or a part of a systematic attack directed against a civilian population.

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Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014).

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Day on Torts

AUGUST 18, 2023

Where “application of the operation-of-law exception would bar a vicarious liability claim that is timely filed within the [HCLA’s] extended statute of limitations solely because the statute of limitations had expired for any claims against the principal’s agents, the exception must give way to the [HCLA].” In Ultsch v.

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Statute Laws Court 52

Day on Torts

DECEMBER 13, 2023

Plaintiff’s argument that defendant was equitably estopped from asserting a statute of limitations defense based on vague statements by defendant’s insurance carrier adjuster that a limitations defense would not be raised and that there was no rush in providing releases was rejected. In Barrett v. Garton , No. M2022-01064-COA-R3-CV (Tenn.

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Statute Court 52

JURIST

JANUARY 25, 2024

Although the ICJ’s decision is final and binding on Malaysia, the Malaysian government applied for revision of the judgment in 2017 based on the discovery of new facts, pursuant to Article 61 of the Statute of the International Court of Justice. However, the then Prime Minister Mahathir Mohamad dropped the application in 2018.

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Patently O

JUNE 9, 2023

2023) Under former director Iancu, the USPTO created a set of guidelines allowing the PTAB to deny IPR institution even in situations where the challenger raises strong challenges. 2) The statute also indicates that the decision of whether to issue is non-appealable, suggesting a discretionary approach. Apple Inc. Vidal (Supreme Court.

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Statute Court 67

JURIST

JULY 31, 2023

According to a report issued by the National Disaster Management Authority (NDMA), from 25 th June 2023 to 30 th July 2023, at least 179 people, including women and children, are dead and 264 people are injured due to various rain-related incidents, mainly involving electrocution and building collapse.

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Tort Statute Legal Legal 197

JURIST

FEBRUARY 20, 2023

Russia and Belarus are not parties to the Rome Statute , which created the ICC. In late January 2023, members of the European Parliament adopted a resolution urging the EU, Ukraine and the international community to support the formulation of a tribunal. However, it cannot investigate Russia for the crime of aggression.

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Conflict of Laws

AUGUST 14, 2023

The conference was kicked off by a keynote speech by Justice Philip Jeyaretnam (Singapore International Commercial Court), providing an in-depth analysis of the Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 (discussed in more detail here ).

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Laws Contract Sports Statute 52

JURIST

OCTOBER 13, 2023

Armenia’s most recent victory in the ICJ was an order in February 2023 which concluded that Azerbaijan needed to ensure “unimpeded movement of persons, vehicles and cargo along the Lachin Corridor.” On September 20, Azerbaijan imposed a ceasefire.

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JURIST

OCTOBER 2, 2023

The US Supreme Court kicked off its Fall 2023 term Monday by hearing oral arguments in a statutory interpretation case examining federal sentencing laws. The issue before the court in Pulsifer v. 3553(f)(1). .”

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Patently O

FEBRUARY 14, 2023

3:22-CV-0970-X, 2023 WL 1785769, at *1 (N.D. 6, 2023) [ ZT VMWare Sanctions Opinion ] William Ramey filed this case on behalf of ZT in 2022 alleging that VMWare’s ESX 1.5 The statute includes two particular requirements: fees may be awarded (1) to the “prevailing party” and (2) in “exceptional cases.”

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Attorney Statute Paralegal Paralegals 92

JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. A 2023 report by Care Post-Roe revealed that healthcare providers in states with abortion bans are unable to meet medical standards, putting their patients at risk.

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Felony Healthcare Statute Court 249