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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.
Cause of Action Related Topics 
Maddin, Hauser, Roth & Heller, P.C. Appoints Kaitlin A. Brown to Executive Committee
LegalReader
FEBRUARY 3, 2021
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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The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,
Diane Drain
JANUARY 30, 2021
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.
Ways to Determine How Much Your Personal Injury Case is Worth
LegalReader
DECEMBER 17, 2020
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.
Territorial Jurisdiction for Disputes between Members of a Political Party in Nigeria
Conflict of Laws
JUNE 8, 2021
In Nigeria jurisdiction in matters of conflict of laws (called “territorial jurisdiction” by many Nigerian judges) also applies to matters of disputes between members of a political party in the inter-state context. [1].
Federal judge dismisses challenge to Alabama COVID-19 mask mandate
JURIST
DECEMBER 17, 2020
A judge for the US District Court for the Middle District of Alabama dismissed a lawsuit Tuesday challenging the state’s COVID-19 mask mandate. The court’s most in-depth criticism of the complaint was that it did not specify which public health order caused the injury: Sixth, the Amended Complaint fails to allege how injuries are fairly traceable to one or both Defendants as to specific Plaintiffs.
Arkansas Senate approves bill banning gender-affirming care for trans minors
JURIST
MARCH 30, 2021
” The bill would make it unlawful for any physician or other healthcare professional to “provide [or refer] gender transition procedures to any individual under eighteen (18) years of age.”
Utah House passes bill banning transgender athletes from female sports
JURIST
FEBRUARY 20, 2021
On Wednesday, the Utah House of Representatives passed the controversial HB302 Bill, “Preserving Sports for Female Students,” effectively banning transgender athletes from female sports.
Cannabis Litigation: An Introduction to California’s Anti-SLAPP Statute
HarrisBricken
FEBRUARY 5, 2021
In follow up, here a primer on California’s anti-SLAPP statute, codified at Code of Civil Procedure, section 425.16. Anti-SLAPP motions involve a two-step process for determining whether a case or a cause of action falls within the scope of the statute.
A Critique On The Territorial Jurisdiction Of Courts In India
LexForti
JUNE 4, 2021
THE CONCEPT AND MEANING OF ‘JURISDICTION: AN INTRODUCTION. AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CIVIL COURTS IN INDIA. In the case of A.B.C. AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CRIMINAL COURTS IN INDIA.
Florida governor signs controversial ban on transgender athletes from women’s sports
JURIST
JUNE 4, 2021
The provision also states that athletic teams and sports “designated for females, women, or girls, may not be open to students of the male sex,” with determination of a student’s biological sex being made based on the student’s official birth certificate.
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Arkansas House approves bill banning schools from requiring teachers to use students’ preferred pronouns
JURIST
APRIL 12, 2021
The Arkansas House of Representatives approved House Bill 1749 on Thursday, which will prevent schools from requiring teachers to refer to students by their preferred pronouns or name if they do not align with the student’s sex assigned at birth. ” The bill follows the passing of Arkansas House Bill 1570 , which banned transgender youth from accessing gender-affirming treatment and Senate Bill 354 , which banned transgender women from participating in women’s sports.
Territorial Jurisdiction relating to Succession and Administration of Estates under Nigerian Private International Law
Conflict of Laws
FEBRUARY 5, 2021
Issues relating to succession and administration of estate of a deceased person raise significant issues in Nigerian private international law (or conflict of laws), whether a person dies testate or intestate. The issue of where the cause of action arose was clearly irrelevant.
Arkansas House approves bill banning transgender athletes from women’s sports
JURIST
MARCH 23, 2021
The Arkansas House of Representatives on Monday approved a bill that prevents transgender women from competing in women’s sports at all levels of education. Titled the “Fairness in Women’s Sports Act,” the legislation applies to “a public elementary school or secondary school; an open enrollment public charter school; and a public two-year or four-year institution of higher education.”
Louisiana House passes bill requiring schools to designate teams and sporting events based on biological sex
JURIST
MAY 30, 2021
The Louisiana House of Representatives Thursday passed the controversial Senate Bill 156 requiring schools to designate athletic teams and sporting events based on the biological sex of the team members.
Cannabis Litigation: Curaleaf Wins Dismissal of Securities Class Action Lawsuit
HarrisBricken
MARCH 4, 2021
Curaleaf received some good news in mid-February when a federal court dismissed a class action lawsuit alleging it violated federal securities laws. A motion tests the sufficiency of a complaint, as my colleague Jihee Ahn recently explained.
Tennessee “Discovery Rule” Applied to Vehicle Crash Case
Day on Torts
DECEMBER 30, 2020
Estate of Losleben , No. One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident.
Mareva injunctions, submission and forum non conveniens
Conflict of Laws
FEBRUARY 18, 2021
Written by Marcus Teo (Sheridan Fellow (Incoming), National University of Singapore). Senior Judge Andrew Ang acknowledged that “the Mareva injunction remains, at its very core, ancillary to a main substantive cause of action.” ( Allenger , [125]).
India court dismisses sedition claim against Kashmiri politician
JURIST
MARCH 5, 2021
The Indian Supreme Court on Wednesday dismissed a civil writ petition against Dr Farooq Abdullah, a Member of the Lok Sabha (lower house of Parliament) from the Jammu & Kashmir National Conference party and a former Chief Minister of the erstwhile state of Jammu & Kashmir. There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings.
Territorial Jurisdiction for Breach of Contract in Nigeria or whatever
Conflict of Laws
MAY 31, 2021
Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]
Case against deceased defendant time-barred.
Day on Torts
MARCH 30, 2021
Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed.
Virginia General Assembly approves state-level Voting Rights Act
JURIST
FEBRUARY 27, 2021
All votes in favor of House Bill 1890 came from Democrats. The bill seeks to restore certain provisions of the federal Voting Rights Act that were gutted by a 2013 Supreme Court decision.
Kansas court blocks state ban on standard abortion method
JURIST
APRIL 9, 2021
” Finally, the Act creates a civil cause of action and imposes criminal penalties against those who perform a D&E abortion. Medical professionals filed suit in 2015, challenging the Act on behalf of themselves and their patients.
Mashing Up Two Highly Coveted Watches, Is This “Genius” Timepiece the Next Luxury Lawsuit in the Making?
The Fashion Law
MAY 7, 2021
Social media users – from individuals on Twitter to users of China’s Weibo – and watch aficionados, alike, have noted the impending launch of a timepiece that, as fashion/streetwear site recently Hypebeast put it, “Lets you wear both the Royal Oak and Nautilus at the same time.”
Three opinions filing Monday
At the Lectern
APRIL 30, 2021
When the court granted review in Stancil in March 2019 , it limited the issue to: “Whether a motion to quash service of summons is the proper remedy to test whether a complaint states a cause of action for unlawful detainer.” In Vivar , the court is expected to address whether the trial court erred in ruling that defendant failed to demonstrate prejudice within the meaning of Penal Code section 1473.7
Statute of limitations extended to two years where defendant was given traffic citation after car accident.
Day on Torts
FEBRUARY 8, 2021
55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. In this case, the sole issue was whether this statute was “applicable to traffic citations,” which was a matter of first impression in Tennessee.
Public Duty Doctrine Applied To Eliminate Claim
Day on Torts
JANUARY 11, 2021
Where a sheriff’s deputy owed a duty to the public at large, but not to plaintiff specifically, to protect cars from running into a downed tree on a state highway, the Public Duty Doctrine barred plaintiff’s GTLA suit and dismissal of plaintiff’s case was affirmed.
I See Dead People…Filing Lawsuits In New York
The IP Law Blog
JUNE 10, 2021
New York’s post mortem right-of-publicity statute recently came into effect. Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without.
Two cases alleging disability-based discrimination
SCOTUSBlog
APRIL 9, 2021
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. Another involves the interaction of the Affordable Care Act and the Rehabilitation Act.
Ford v. Montana: Supreme Court on the Scope of Personal Jurisdiction
PatentlyO
MARCH 25, 2021
Over the past decade, the Supreme Court has tightened-up the 14th Amendment personal jurisdiction test both in terms of General Jurisdiction and Specific Jurisdiction. Constitution serves as the foundational basis for the large number of precedential cases, the text is quite short: “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Superior Court of Cal.,
Fashion Brand’s Use of Bella Hadid Photo on Instagram is Not Fair Use, Says SDNY
The Fashion Law
JUNE 17, 2021
A photo of Bella Hadid was at the center of a fashion brand’s recent bid to escape copyright infringement liability. In an order early this month , Judge Andrew Carter of the U.S.
Facebook, Gucci Partner to File Counterfeit Suit Against Facebook, Instagram User
The Fashion Law
APRIL 26, 2021
District Court for the Northern District of California, Facebook, Inc. After discovering Kokhtenko’s accounts and corresponding websites, Gucci asserts that one of its agents purchased a number of products from her in late 2020, and confirmed that each of those goods was counterfeit.
Former Brooks Brothers Owner at the Center of New $100 Million Legal Battle Over Sale of the Brand
The Fashion Law
MAY 18, 2021
The family that formerly owned Brooks Brothers is in the midst of a $100 million legal battle after allegedly failing to “fulfill their contractual and fiduciary obligations to a Brooks Brothers minority shareholder and investor. are seeking damages to the tune of $100 million. .
Supreme Court Will Take on the Copyright Case Between Fabric Maker Unicolors and Fast Fashion Giant H&M
The Fashion Law
JUNE 1, 2021
On the heels of Unicolors filing a petition for a writ of certiorari on January 4, the nation’s highest court has agreed to take on the case the copyright case that has pitted Unicolors against H&M ever since the the fabric-maker filed suit in the U.S.
By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand
The Fashion Law
MAY 12, 2021
However, in light of such budding success, her “business relationship with … Haber, and his daughter, Samantha Wasser, deteriorated,” Coscarelli alleges. ” Fast forward to early this year, and Judge Jesse Furman of the U.S.
Nunes Defamation Case Against CNN Dismissed On Procedural Challenge
JonathanTurley
FEBRUARY 20, 2021
CA), has been dismissed but not on a determination of truth or the merits. The decision was based on a technical or procedural omission by Nunes, but the jurisdictional question was an impressive combination of standards in three different jurisdictions.
Hear v. Listen
Legal Research is Easy
OCTOBER 14, 2020
For example, 'They heard a strange noise in the middle of the night. Of course, this brings to my attention a conversation I had with an attorney who I was talking to the other day. If I wanted to be ignored, I'd talk to a bunch of paralegal students.
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