Cause of Action? Personal Injury 101
LegalReader
JANUARY 15, 2021
Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.
Texas man on death row presses claim of attorney abandonment
SCOTUSBlog
JANUARY 2, 2024
This week, we highlight petitions that ask the court to consider, among other things, whether AEDPA bars a man on death row in Texas from arguing that his attorney abandoned him because doing so would require an unlawful “second or successive” petition for habeas corpus. to represent him. According to Gamboa, Ritenour failed him. In Gamboa v.
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Estate of Tyre Nichols files federal lawsuit against City of Memphis and its police department
JURIST
APRIL 19, 2023
” The complaint sets forth 25 causes of action, which include Failure to Train, Failure to Supervise, Fourth Amendment violations, Negligent Infliction of Emotional Distress and Fraudulent Misrepresentation.
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Fifth Circuit restores Texas abortion law two days after lower court blocked it
JURIST
OCTOBER 9, 2021
On Friday, Texas attorney general Ken Paxton filed a motion to stay Judge Pitman’s order with the Fifth Circuit. ” 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. Just hours later, a panel of judges restored the law.
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The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,
Diane Drain
JANUARY 30, 2021
2007) (a cause of action “accrues” each time a party fails to perform as required by the contract) and Ortiz v. 2015) (each time the debtor fails to make a payment when it becomes due, a separate breach occurs and a cause of action “accrues”, starting the clock). 569, 572 (9th Cir. Trinity Fin. LLC , 98 F.Supp.
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Man exonerated in assassination of Malcolm X seeks $40M from NYC
JURIST
JULY 16, 2022
After a two-year investigation, Aziz and one of his co-defendants, Khalil Islam, were exonerated in November 2021 when then-Manhattan District Attorney Cyrus Vance Jr. Aziz’s lawyers have filed six causes of action against the city, demanded a jury trial and requested at least USD 40 million in compensatory damages.
Texas sues Planned Parenthood, demands repayment of $10M in Medicaid funding
JURIST
JANUARY 14, 2022
Attorney General Ken Paxton submitted the complaint claiming that Planned Parenthood improperly avoided reimbursement of Medicaid funding after it was terminated from the program. The Texas Medicaid Fraud Prevention Act (TMFPA) was passed in 1995 to establish a cause of action for false claims under the Medicaid program.
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Ways to Determine How Much Your Personal Injury Case is Worth
LegalReader
DECEMBER 17, 2020
But because personal injury law encompasses so many situations and causes of action, there is no set number. If you are considering one of these claims, you are probably wondering how much compensation you could recover.
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Westlaw Precision: Next-Generation Legal Research With a Human Touch
Attorney at Work
SEPTEMBER 14, 2022
While Westlaw Edge introduced artificial intelligence technology to Westlaw, this new version harnesses the human touch, deploying hundreds of newly hired Westlaw attorney editors over the past two years to manually review and tag a staggering amount of data. Precision Research. KeyCite Cited With. KeyCite Overruled in Part.
Federal judge temporarily blocks Texas abortion law
JURIST
OCTOBER 7, 2021
In a statement, Attorney General Merrick Garland called the Texas law “clearly unconstitutional.” A judge from the US District Court for the Western District of Texas in Austin on Wednesday temporarily blocked Texas’ restrictive abortion ban, which took effect in September.
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Plagiarism Police come for Winston & Strawn
Patently O
JANUARY 4, 2024
I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The role of attribution is also receiving increasing focus as attorneys begin to rely more heavily on AI outputs for their legal documents.
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US and UK Rohingya refugees sue Facebook alleging dissemination of ‘hateful and dangerous misinformation’
JURIST
DECEMBER 6, 2021
The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. .” The core of this Complaint is similar in that it accuses Facebook of putting “market penetration” and profits before the lives of the Rohingya people.
Lawsuit By Former Legal Tech Exec Says She is Owed Over $1M In Stock and Was Sexually Harassed
LawSites
MARCH 26, 2024
Three years later, after her options had fully vested and were worth more than $1 million, she alleges that she informed Dwayne Hermes, along with ClaimDeck’s accountants and attorney, that she intended to exercise her right to purchase her options.
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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever
Conflict of Laws
MAY 31, 2021
The purpose of this write up is to briefly highlight the confusion on the concept of jurisdiction in Nigerian conflict of laws through the lens of a very recently reported case (reported last week) of Attorney General of Yobe State v Maska & Ano r. (“ Maska” ). [2]. 10] This approach softens the strict territorial jurisdiction approach.
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Akin Gump Loses Bid To Dismiss Legal Tech Company’s Counterclaims In Suit Over Ownership Of Bill-Drafting Software
LawSites
FEBRUARY 22, 2023
In November, Xcential, a 25-person legal technology company in California, fought back, filing an answer and counterclaim denying that its software was based on Agnello’s idea.
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Hear v. Listen
Legal Research is Easy
OCTOBER 14, 2020
Of course, this brings to my attention a conversation I had with an attorney who I was talking to the other day. Then I started talking about some of my favorite resources like AmJur Proof of Facts , AmJur Trials , and Causes of Action. An imaginary conversation between a couple might go: 'Did you hear what I just said?' 'No,
Court explores continued private enforcement of spending clause enactments
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.
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Legal Tech Look-Back – 12.19.07: Federal Judge Tosses Class Action Seeking to Shut Down Avvo
LawSites
DECEMBER 21, 2021
Fourteen years ago this week, a federal judge in Seattle dismissed the class action complain t filed by two lawyers seeking to shut down the lawyer-rating site Avvo, which had launched five months earlier. While calling the rating of attorneys “ludicrous,” U.S. District Judge Robert S. But a lot has changed for the company.
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Legal Tech Look-Back – 12.19.07: Federal Judge Tosses Class Action Seeking to Shut Down Avvo
LawSites
DECEMBER 21, 2021
Fourteen years ago this week, a federal judge in Seattle dismissed the class action complain t filed by two lawyers seeking to shut down the lawyer-rating site Avvo, which had launched five months earlier. While calling the rating of attorneys “ludicrous,” U.S. District Judge Robert S. But a lot has changed for the company.
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New York sues New Jersey over compact governing Port of New York and New Jersey
SCOTUSBlog
APRIL 2, 2022
whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the petitioner in this case. whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the petitioner in this case. Disclosure : Goldstein & Russell, P.C., O’Donnell & Sons, Inc. Ibarguen v.
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August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 22, 2023
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Case analyses have been aggregated under the country tags since 2022, so it is now easier to track down relevant cases, together with their information and analyses, in each country/region report.
Thomson Reuters Unveils Next Generation of Westlaw, Aiming to Make Legal Research Results More Precise
LawSites
SEPTEMBER 14, 2022
It means search results that better match not just the legal issue, but also the outcome, fact pattern, cause of action, motion type and outcome, party type, and area of law. “Now we are also classifying cases by issue outcome, fact pattern, motion type, motion outcome, cause of action, and party type. .
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How does the USPTO Decide the Discretionary Aspect of Institution?
Patently O
OCTOBER 11, 2021
US Inventor’s attorney Robert Greenspoon decided to play-it-safe to make sure he preserved his right to appeal by filing a notice of appeal in both courts. At the same time, the actual cause of action does not stem from the patent laws but rather from the Administrative Procedure Act (APA). Where to Appeal?: 251 (2013).
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GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional
Day on Torts
APRIL 15, 2022
Reid did not incur any attorney’s fees within the meaning of the statute, but the Court rejected this argument. Reid and paid for said counsel, and the trial court correctly awarded the attorneys’ fees to CRMC under the statute. Reid’s counsel filed joint motions, appearances, and briefs as counsel for both Ms.
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Supreme Court will hear election law case with standing issue
At the Lectern
JUNE 24, 2021
The Second District, Division Eight, published opinion held an attorney fee award for the plaintiff-attorney was not too small. In Sujan , the unpublished opinion of the Fourth District, Division Two, held that the plaintiff’s causes of action for. Ari Design & Construction, Inc. ,
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August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 24, 2022
Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. Renee M Wong, Attorney at Goldberger and Dubin PC (New York); Dr. WANG Yahan, Associate Professor, Henan University School of Law; Mr. Angus Ni, Litigation attorney at AFN Law PLLC (Seattle); Asian Business Law Institute.
Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check
Day on Torts
AUGUST 9, 2021
The second element required plaintiff to show that she “could not have discovered the cause of action despite exercising reasonable care and diligence.” Because defendant “remain[ed] silent and fail[ed] to disclose material facts despite a duty to do so,” the first and fourth elements of fraudulent concealment were satisfied.
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In term-opener, justices will hear Mississippi’s complaint that Tennessee is stealing its groundwater
SCOTUSBlog
OCTOBER 1, 2021
The court’s decision could fundamentally restructure interstate groundwater law in the United States for decades — or the case could be dismissed immediately on the grounds that Mississippi has failed to allege the proper cause of action. Like most original jurisdiction water cases, Mississippi v.
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Statute of limitations extended to two years where defendant was given traffic citation after car accident.
Day on Torts
FEBRUARY 8, 2021
C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct. iii) A grand jury; and. (C)
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Small Tech Company Takes On Major Law Firm Over Ownership of Bill-Drafting Software
LawSites
NOVEMBER 29, 2022
Attorneys at Akin Gump declined to discuss the lawsuit. Akin Gump is being represented by its attorneys Anthony T. Xcential is being represented by Holland & Knight attorneys Cynthia A. Early this month, Xcential fought back with an answer and counterclaim denying that its software was based on Agnello’s idea.
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Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp
Conflict of Laws
APRIL 25, 2024
On gateway (p), it was held that there was a good arguable case that the cause of action arose in Singapore because the trusts arose pursuant to the independent fund arrangement between the parties which was negotiated and concluded in Singapore. 5] Li Shengwu v Attorney-General [2019] 1 SLR 1081 (CA). 1] [2024] SGHC 21. [2]
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TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.
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. In Adamson v. Grove , No.
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Court grapples with choice-of-law doctrines in lawsuit seeking to recover painting taken by Nazis
SCOTUSBlog
JANUARY 19, 2022
Boies argued that the same result should apply here based primarily on the text of the FSIA but also on the background principles embodied in the Rules of Decision Act (as implemented by the Erie doctrine ) that state law applies to state causes of action. Stauber readily agreed.
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Municipalities of Puerto Rico v. Exxon: a unique class action against fossil fuel companies presses for climate accountability in the United States
ClimateChange-ClimateLaw
DECEMBER 2, 2022
They also seek punitive damages, disgorgement of profits, pre-judgment interest, attorneys’ and expert witness fees and other costs, and other equitable, declaratory, and/or injunctive relief “to assure … an effective remedy.”. Cases brought by cities.
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Arbitration at Center of Last Week’s SCOTUS Oral Arguments
Constitutional Law Reporter
APRIL 20, 2022
USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers.
8 Steps to Be the Rockstar Personal Injury Paralegal
Paralegal Bootcamp
AUGUST 5, 2021
The statute of limitations is a time limit on a particular cause of action. When each of these reminders comes up on your calendar, send the attorney a reminder email. . Many firms have resources in-house to help the lawyers and support staff which can be particularly helpful. Know the Statute of Limitations Period.
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By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand
The Fashion Law
MAY 12, 2021
million in attorneys’ fees and costs. . million attorney fee award” owed to Coscarelli in connection with the parties’ arbitration. In connection with the various causes of action, she is seeking an award of compensatory, treble, and punitive damages; an award of attorney’s fees and costs; and an award of prejudgment interest. .
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No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.
Day on Torts
MARCH 22, 2022
Plaintiff’s husband signed the indemnity agreement without reading it or having an attorney review it. Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.”
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Exclusive: You keep using that word; I don’t think you know what it means.
Patently O
MARCH 21, 2021
Lots of work over the years has gone into determining whether a particular cause of action meets the arising under requirement of these provisions. 251 (2013) (patent litigation attorney malpractice lawsuit does not arise under the Patent Act). .” 28 U.S.C. See, for example, Gunn v. Minton , 568 U.S.
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Mobbing Red Wing: Federal Circuit Eases Declaratory Judgment Personal Jurisdiction against Patent Holding Companies
Patently O
MAY 17, 2021
Its sole employee is Robert Babayi–a patent attorney practicing in Washington DC who has apparently never visited the Texas office. Thus, we have contacts and threats of litigation directed toward a resident of California; and these threats relate directly to the eventual cause of action. PerDiemCo owns a number of U.S.
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Influencers Beware: Molly Sims Cannot Escape Trademark Claim Over Sponsored Blog Post
The Fashion Law
AUGUST 19, 2021
Code § 17500 claims, but has given Petunia the opportunity to amend its complaint in connection with the latter causes of action. & Prof.
Pour Me Another: The Supreme Court Revisits the ‘Bad Wine’ of the Copyright Discovery Rule
Patently O
FEBRUARY 22, 2024
As this Court has said, the standard rule is that ‘accrues’ means at the point when you have a complete and present cause of action.” Plaintiff’s attorney Earnhardt contested this reading. . “Our submission is simple.
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Update on Arizona Eviction Proceedings – July, 15, 2021
Diane Drain
JULY 16, 2021
Parties, attorneys, and witnesses in an eviction proceeding shall be permitted to participate remotely or in person. Drain - Phoenix Arizona Bankruptcy Attorney. Rebuilding Your Credit Score After Bankruptcy. Do Student Loans Debts Die With You?
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Wrong defendants in certificate of good faith caption should have resulted in dismissal.
Day on Torts
MAY 11, 2022
The Court explained: Claimant’s complaint filed in the Claims Commission is a separate and independent action from the complaint against the other parties filed in circuit court.
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