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 causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e.

Compensatory Damages 211

Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

The Fashion Law

OCTOBER 11, 2021

in an unfair competition complaint in California state court in June, Walmart is looking to get the case tossed out of court on the basis that it is shielded from liability by Section 230 of the Communications Decency Act. Defamation is not the cause of action at hand here. On the heels of Yeezy and West naming Walmart and co.

Demurrer 108

Demurrer Cause of Action Laws Court 108

Patently O

MAY 17, 2021

5] This lawsuit was filed in California against PerDiemCo, and so the personal jurisdiction question boils down to whether PerDiemCo has directed its activities toward California in a way that makes jurisdiction fair, just, and reasonable according to our traditions. [6]. In 2019, Trimble and ISE sued for declaratory judgment.

Litigation 109

Litigation Litigating Cause of Action Court 109

ClimateChange-ClimateLaw

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F.

Litigation 52

Litigation Litigating Tort Cause of Action 52

The IP Law Blog

JUNE 10, 2021

New York’s new law brings its treatment of post mortem rights closer to that of California which has had postmortem protection for the right of publicity of celebrities and personalities since 1985. When the Monroe Estate attempted to control the use of Ms.

Statute 85

Statute Cause of Action Sports Laws 85

SCOTUSBlog

JANUARY 16, 2022

In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. That question turned on whether California law or Spanish law governed. The full painting.

Tort 124

Tort Court Laws Litigation 124

The Fashion Law

OCTOBER 25, 2021

A month later, Great Eros filed a copyright infringement and unfair competition complaint against Bernstein, WWW, their manufacturing partner Onia, and retailers Saks Fifth Avenue, ShopBop, and Carbon 38 (the “defendants”) in a California federal court, arguing that the WWW pattern is a direct rip-off of one that it began using several years ago. .

Court 79

Court Cause of Action Manufacturing Drafting 79

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.

Drafting 95

Drafting Legal Legal Contract 95

The Fashion Law

JULY 19, 2021

District Court for the Central District of California states that the parties “agreed to a settlement in principle and will finalize the outstanding matters before the pretrial conference scheduled for July 16, 2021, with the district judge.” In an order on July 15, Magistrate Judge Rozella Oliver of the U.S.

Depose 144

Depose Depositions Manufacturing Cause of Action 144

The IP Law Blog

MARCH 23, 2023

The license agreement between Evox and Chrome contained a provision that “[n]o action, regardless of form, arising out of this agreement may be brought by either party more than two years after the cause of action arose.” Normally, the statute of limitations for a copyright violation is three years.

Statute 98

Statute Cause of Action Court Contract 98

Patently O

MARCH 25, 2021

2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. The decision suggested to many that defendant’s connections should have a causal-link with the cause of action. Those who have read BMS know that it was about sales of Plavix.

Court 63

Court Cause of Action Manufacturing Litigation 63

SCOTUSBlog

APRIL 15, 2023

Becerra that “crisis pregnancy centers” opposed to abortion were likely to prevail in their First Amendment challenge to a California law that required them to disclose information about the availability of abortion to their patients. Brown , which upheld a nearly identical California ban on conversion therapy.

Cause of Action 75

Cause of Action Tort Court Laws 75

At the Lectern

JULY 23, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? The court granted review in March 2020. See here.).

Cause of Action 49

Cause of Action Felony Calendaring Statute 49

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

California v. California v. California Federal Court Entered Final Judgment Vacating Repeal of 2016 Waste Prevention Rule After Wyoming Federal Court Vacated 2016 Rule. On October 29, 2020, the federal district court for the Northern District of California entered judgment vacating the 2018 final rule rescinding the U.S.

Cause of Action 96

Cause of Action Court Government Litigation 96

SCOTUSBlog

JUNE 25, 2021

Ramirez came in a dispute that arose when a California man, Sergio Ramirez, attempted to buy a car. Although Congress has sometimes passed statutes that give someone a “cause of action” when a federal law has been violated, Kavanaugh wrote, that is not enough, by itself, to give a plaintiff the right to sue in federal court.

Court 115

Court Cause of Action Statute Court Rules 115

SCOTUSBlog

APRIL 2, 2022

City of Oakland, California v. Issue : Whether a court may deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing.”. Oakland Raiders. Disclosure : Goldstein & Russell, P.C.,

Government 89

Government Statute Cause of Action Litigation 89

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. Lewis , 138 S.Ct.

Cause of Action 52

Cause of Action Court Constitutional Law Contract 52

At the Lectern

SEPTEMBER 16, 2022

In a lawsuit involving a loan collateralized by bitcoin, the court limited the issue to be briefed and argued to: “Did the Court of Appeal correctly hold that this action must remain in California despite the contractual forum selection clause?” Covid statute of limitations. See write-up of People v. Churchill here.)

Court 56

Court Statute Cause of Action Laws 56

SCOTUSBlog

DECEMBER 24, 2020

City and County of San Francisco, California , the Department of Justice seeks review of a decision by the U.S. City and County of San Francisco, California. Issues : (1) Whether the Sierra Club has a cognizable cause of action to obtain review of the secretary of defense’s compliance with 10 U.S.C. Sierra Club.

Immigration 105

Immigration Construction Government Cause of Action 105

The Fashion Law

JULY 21, 2021

In the complaint that it filed in a federal court in California on Monday, Nike claims that Customs By Ilene, Inc., ” Corona, California-based Drip Creationz does not stop there, though, per Nike. In the complaint that it filed in a federal court in California on Monday, Nike claims that Customs By Ilene, Inc.,

Cause of Action 145

Cause of Action Manufacturing Legal Legal 145

The Fashion Law

JUNE 1, 2021

District Court for the Central District of California back in April 2016, accusing the Swedish fast fashion giant of infringing one of its geometric patterns – by way of a “remarkably similar” print – for two styles of garments, a jacket and a skirt.

Court 139

Court Cause of Action Statute Laws 139

The Fashion Law

APRIL 26, 2021

District Court for the Northern District of California, Facebook, Inc. Against that background, Gucci alerted Facebook to Kokhtenko’s activity, which prompted the Menlo Park, California-based company to make its latest attempts to disable her accounts. According to the joint lawsuit that they filed on Monday in the U.S.

Manufacturing 105

Manufacturing Cause of Action Contract Litigation 105

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. It was a cascading deconstruction of the lawsuit. Companies, Inc.,

Tort 32

Tort Cause of Action Laws Court 32

The Fashion Law

AUGUST 19, 2021

In an order this month, a California federal judge held that a party enlisted to endorse a product may be liable for trademark infringement for promoting a product with an infringing name. Code § 17500 claims, but has given Petunia the opportunity to amend its complaint in connection with the latter causes of action. & Prof.

Cause of Action 88

Cause of Action Diligence Court Attorney 88

The IP Law Blog

JANUARY 27, 2022

True Wearables”) and Dr. Marcelo Lamego alleging a number of causes of action, including misappropriation of trade secrets. The District Court for the Central District of California evaluated the Winter factors to determine whether to grant the motion for preliminary injunction. Masimo Corporation and Ceracor Labortories, Inc.

Cause of Action 98

Cause of Action Court 98

Patently O

JUNE 8, 2023

” Trademark law includes a special cause of action for big players with “famous marks” under the doctrines of dilution and tarnishment. The trademark statute includes a fair-use exception, but it only applies in situations where the accused dilution/tarnishment is a use “other than as a designation of source.”

Laws 68

Laws Statute Cause of Action Court 68

At the Lectern

APRIL 14, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? Cable News Network, Inc. 2019) 7 Cal.5th

Calendaring 49

Calendaring Statute Cause of Action Tort 49

SCOTUSBlog

JANUARY 19, 2022

Stentor would require the application of California choice-of-law doctrines. 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.

Laws 118

Laws Court Cause of Action Government 118

SCOTUSBlog

JANUARY 8, 2024

9, the justices will hear the case of a California man who argues that fees he faced when trying to build on his property violate his rights. California Coastal Commission and Dolan v. Texas argues that it is up to Congress to create a cause of action for Fifth Amendment takings clause claims against states, which it has not done.

Government 84

Government Statute Court Cause of Action 84

The Fashion Law

NOVEMBER 30, 2021

As TFL previously reported, while the right of publicity provides individuals with a cause of action in connection with the unauthorized exploitation of their names, likenesses, and recognizable personality traits, that exploitation must take place in a commercial capacity.

Litigation 98

Litigation Litigating Cause of Action Laws 98

ClimateChange-ClimateLaw

MAY 12, 2023

Background on the cases Starting in 2017 with three cases filed in California, cities, counties, and states across the country filed suits against fossil fuel companies. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.

Court 59

Court Court Decisions Government Laws 59

LawSites

NOVEMBER 29, 2022

A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea.

Drafting 52

Drafting Law Firm Law Firms Laws 52

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. LegisPro is currently used by the California Legislature, the U.S. This is Stodder’s perspective on the lawsuit. Mark Stodder.

Drafting 98

Drafting Technology Government Law Firm 98

The IP Law Blog

NOVEMBER 10, 2022

Plaintiffs’ contended that because Reddit financially benefitted from the posting of child pornography on its site and allegedly had done little to remove it or train its moderators to remove it, Reddit should be “liable as a beneficiary of child sex trafficking among other causes of action.”.

Statute 96

Statute Court Cause of Action Litigation 96

Patently O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

The Fashion Law

DECEMBER 20, 2021

Lululemon has responded to Peloton’s declaratory judgment action with a counter suit , arguing that the New York-based Peloton is on the hook for design patent and trade dress infringement in connection with its sale of “copycat” athleticwear on the heels of pulling the plug on the parties’ 5-year-long co-branding partnership. Drip Creationz.

Laws 97

Laws Cause of Action Litigation Litigating 97

At the Lectern

JULY 28, 2022

A plastic surgery group filed a cross-complaint against the petitioner alleging causes of action arising from the purchase of a product the petitioner manufactured. shall reimburse providers for emergency services and care provided to its enrollees.” ” Here are the petition for review , answer , and reply.

Government 49

Government Court Contract Cause of Action 49