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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.

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Divided Third Circuit panel addresses whether an order denying a motion for summary judgment challenging the existence of a Bivens cause of action is an immediately appealable collateral order

HowAppealing

Divided Third Circuit panel addresses whether an order denying a motion for summary judgment challenging the existence of a Bivens cause of action is an immediately appealable collateral order: You can access today’s ruling at this link. The majority answers “no,” while Circuit Judge Thomas M.

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No cause of action against employers for take-home COVID

At the Lectern

” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. Winning on the special relationship and workers’ compensation issues isn’t enough to get the plaintiffs to trial, however.

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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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United States: New Jersey Trial Court Finds No Affirmative Cause Of Action Against Banks Under New Jersey Uniform Fiduciaries Law - Riker Danzig Scherer Hyland & Perretti

Mondaq

A New Jersey trial court recently granted summary judgment in favor of a national bank, finding that the New Jersey Uniform Fiduciaries Law ("UFL") does not permit an affirmative cause of action.

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City of Buffalo sues gun manufacturers for fueling gun violence

JURIST

The complaint asserts three causes of action against the manufacturers for violations of New York’s General Business law. One of the causes of action is a violation of Section 898 , which allows New York cities to sue manufacturers for harms caused by weapons produced and distributed by the manufacturers.

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Colorado Supreme Court strikes down child sexual abuse law that allowed lawsuits over abuse from decades ago

JURIST

The court held that the CSAAA is unconstitutionally retrospective because it creates a new cause of action for conduct that predated the act and would have been time-barred by the claim’s statute of limitation. It is based on Article I Section 9 of the US Constitution , which prevents Congress from passing these laws.