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“The Ex Parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an Enigma.”

HowAppealing

“The Ex Parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an Enigma.” The post “The Ex Parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an Enigma.” ” Fifth Circuit Judge Andrew Oldham and Adam Steene have posted this paper at SSRN. ” appeared first on How Appealing

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Cause of Action? Personal Injury 101

LegalReader

Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.

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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. Facts of the Case. The Supreme Court reversed by a vote of 6-3. In Egbert v.

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Maddin, Hauser, Roth & Heller, P.C. Appoints Kaitlin A. Brown to Executive Committee

LegalReader

Katie is a respected and accomplished young leader of our firm and the legal community. Brown Maddin Hauser Roth & Heller Michigan Causes of Action FormbookMaddin, Hauser, Roth & Heller, P.C., is pleased to announce that shareholder Kaitlin A.

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Australia: Australia considers a statutory cause of action for serious invasion of privacy - Kennedys

Mondaq

Discusses the current state of privacy law. What would a tort of privacy look like? Implications for medical practitioners

Tort 40
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Canada: "Decision Regret" Is Not A Cause Of Action For Disgruntled Start-Up Investors - Gardiner Roberts LLP

Mondaq

Investors in a small company may be inspired by the sales pitch of a founder with grandiose plans and descriptions of potential profits to be earned if they get in on the ground floor

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India: Supreme Court Holds That A Decree Or A Recovery Certificate Constitutes A Fresh Cause Of Action For IBC Proceedings - Khaitan & Co

Mondaq

The Supreme Court in its recent decision in Dena Bank (now Bank of Baroda) v C. Shivakumar Reddy and Anr, (Civil Appeal 1650 of 2020) has inter alia held that a final judgement

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India: Non-Payment Of Amount Awarded Under A Judgment, Decree Or An Arbitral Award Gives Fresh Cause Of Action To Initiate Insolvency Proceedings Under The IBC: Supreme Court Of India - Phoenix Legal

Mondaq

Shivakumar Reddy , the Hon'ble Supreme Court held that the non-payment of an amount awarded under a decree In the recent judgment in Dena Bank v.

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City of Buffalo sues gun manufacturers for fueling gun violence

JURIST

The City of Buffalo, New York Tuesday filed a complaint against major gun manufacturers for fueling gun violence through their business practices. The case is in the Supreme Court for the State of New York in Erie County.

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SCOTUS Cert Grant on Bivens: Egbert v. Boule

LPB Network

Boule, which presents the following questions: Whether a cause of action exists under Bivens for First Amendment retaliation claims. Whether a cause of action exists under Bivens for claims against federal.

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An Urban Meyer Kick Could Cost The Jacksonville Jaguars Millions

Above The Law

Josh Lambo is suing the Jacksonville Jaguars on a single cause of action. The post An Urban Meyer Kick Could Cost The Jacksonville Jaguars Millions appeared first on Above the Law. Sports Darren Heitner Football Jacksonville Jaguars Urban Meyer

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Former Raiders Head Coach Jon Gruden Is Suing The NFL And Commissioner Roger Goodell

Above The Law

Gruden has included numerous causes of action such as intentional interference with contractual relations, tortious interference with prospective economic advantage, and civil conspiracy in his legal action.

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US appeals court rules that guardians can sue Google for tracking children’s YouTube activity without consent

JURIST

The US Court of Appeals for the Ninth Circuit Wednesday reversed a ruling holding that the Children’s Online Privacy Protection Act (COPPA) preempts state law causes of action against Google for collecting data from children’s online behavior.

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Insurers Get Claims Trimmed In Factory Explosion Suit

Law 360

Insurers for a glass manufacturer cannot pursue most of their claims against two contractors over a 2017 factory explosion, a Michigan federal court ruled, saying waiver of subrogation clauses in the underlying service contracts bar all causes of action except those arising from gross negligence

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UK: Summary Of Section Limitation Act 1980 - 1 Chancery Lane

Mondaq

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued

Tort 52
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UK: CDR/Insolvency Series: Get Out While You Can: Unfair Prejudice Petitions, Buy-outs And Valuations (Video) - Gatehouse Chambers

Mondaq

David Lewis QC, Jack Dillon, and James Shaw look at unfair prejudice claims, covering (i) parties, the cause of action and its relationship with derivative claims, forum

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Appeals court rules employees of US overseas subsidiaries not protected against whistleblower retaliation

JURIST

The United States Court of Appeals for the DC Circuit Friday ruled that employees who work for US-based companies overseas are not protected by the Sarbanes-Oxley Act , which protects employees of publicly traded companies who report illegal activity by their employers.

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UK: Jurisdiction Under Article 33(2) Of The Montreal Convention: The Decision In Akulinina And Another v Ifly SA [2022] EWHC 166 (QB) - 1 Chancery Lane

Mondaq

The Montreal Convention provides the sole cause of action where a passenger is injured or killed in the course of carriage by air

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Canada: Tips For Pursuing A Claim Under The Provisions Of The Sale Of Goods Act - McCague Borlack LLP

Mondaq

In the context of subrogated claims, the Ontario Sale of Goods Act ("SOGA") gives rise to a potential cause of action that must be considered in order to ensure that all potential defendants

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United States: The Current Status Of Bad-Faith Claims Involving Insurance - Collins Einhorn Farrell

Mondaq

The availability of causes of action under Michigan law premised on an insurer's bad faith has generated significant confusion for several decades

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UK: Not All Collateral Warranties Are Construction Contracts - Duane Morris LLP

Mondaq

The contractual matrix of commercial construction projects commonly includes collateral warranties. Collateral warranties typically grant a contractual cause of action to third parties

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Ohio Teacher Files Challenge to Mandatory Pronoun Policy

JonathanTurley

We have been following litigation over the required use of pronouns in schools. As University of New Mexico joined those schools requiring the use of the chosen pronouns of students, challenges and cases have mounted. SECOND CAUSE OF ACTION Compelled Speech (42 U.S.C.

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Worldwide: Is My Electronic Signature Valid? - McGlinchey Stafford

Mondaq

In this appeal, the Eighth Appellate District affirmed the trial court's decision, agreeing that Ohio's Uniform Trade Secret Act broadly preempts not only causes of action for misappropriation of trade secrets but also causes of

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Court again rejects extension of Bivens suits against federal officials

SCOTUSBlog

In an opinion by Justice Clarence Thomas, the court held that a Washington state innkeeper does not have implied causes of action against a federal agent for alleged First and Fourth Amendment violations arising from the enforcement of immigration laws along the border.

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Tennessee Supreme Court Agrees to Review Comparative Fault Issue in Negligent Misrepresentation Case

Day on Torts

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. The issue: Whether the affirmative defense of comparative fault is applicable to a negligent misrepresentation cause of action in which the conduct of the plaintiff constituting the basis for that defense also pertains to the justifiable reliance element of the negligent misrepresentation cause of action?

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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

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. 2007) (a cause of action “accrues” each time a party fails to perform as required by the contract) and Ortiz v.

Statute 104
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United States: Massachusetts Supreme Judicial Court Recognizes Wrongful Discharge Claim For Employees Exercising Rebuttal Rights Under Personnel Record Statute - Foley Hoag LLP

Mondaq

On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for

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Transgender sports ban passes Pennsylvania House

JURIST

The Pennsylvania House of Representatives Tuesday passed a bill that would prohibit transgender girls and women from competing on sports teams consistent with their gender identity. Athletic teams designated for females would not be open to students of the male sex.

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PD, Other City Departments Can Be Sued As Separate Defendants In San Francisco Homeless Sweep Case

The Crime Report

In the ongoing case challenging San Francisco’s clearing of homeless encampments, U.S. Ryu pointed to years of Ninth Circuit precedent that police departments be considered separate entities, Natalie Hansen reports for Courthouse News Service.

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Ways to Determine How Much Your Personal Injury Case is Worth

LegalReader

Personal injury lawsuits are intended to compensate those who are injured in accidents through no fault of their own. If you are considering one of these claims, you are probably wondering how much compensation you could recover.

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United States: New Jersey Expands Age Discrimination Protections - Ford & Harrison LLP

Mondaq

On October 5, 2021, Governor Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination (NJLAD) that significantly expand causes of action available to older workers

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United States: Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds - Seyfarth Shaw LLP

Mondaq

20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act by employees of Kerry, Inc On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., 21-1067 (7th Cir.

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California federal judge dismisses Saudi Arabia analyst’s lawsuit against Twitter

JURIST

US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. percent of Twitter.

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United States: Plea To The Jurisdiction - Freeman Law

Mondaq

The plea is a "dilatory" plea that is typically used to defeat a plaintiff's cause of action without regard to whether the claims have any merit A plea to the jurisdiction challenges the trial court's power to exercise subject-matter jurisdiction.

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Intentional interference with business relationships under the GTLA.

Day on Torts

City of Clarksville, Tennessee , No. In 2002, plaintiffs sold a portion of an empty lot next to the restaurant to defendant. Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property.

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US appeals court rules University of Texas must face affirmative action lawsuit

JURIST

The US Court of Appeals for the Fifth Circuit ruled Monday that Students for Fair Admissions (SFFA) can continue their lawsuit against the University of Texas Austin (UT) for racial discrimination in their admissions process. University of Texas.

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California sues Tesla for discrimination and harassment of Black workers

JURIST

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.