SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. He urged the court to “finish what it started” and hold that no federal spending conditions are privately enforceable unless Congress says so in the spending enactment.

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Court Statute Cause of Action Contract 88

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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Statute Cause of Action Contract Finance 104

Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

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Contract Tort Real Estate Cause of Action 52

Day on Torts

MARCH 30, 2023

Plaintiffs filed suit for breach of contract, negligence, negligent misrepresentation, and intentional misrepresentation, but the trial court granted summary judgment for defendants based on the “as is” nature of the purchase agreement. On remand, the trial court entered a new order granting summary judgment.

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LawSites

FEBRUARY 22, 2023

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government. Superior Court Judge Juliet J.

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Drafting Legal Legal Contract 98

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. of Marion County v.

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Stare Decisis Statute Court Contract 87

Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. At issue here was Tenn. Code Ann. § Continue reading

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Tort Contract Cause of Action Construction 59

Day on Torts

MARCH 29, 2022

Where the trial court did not provide sufficient reasoning for its grant of summary judgment in a misrepresentation case, summary judgment was vacated and the case was remanded to the trial court. Defendants filed a motion for summary judgment, which the trial court granted. In Smith v. Walker , No. W2021-00241-COA-R3-CV (Tenn.

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Court Real Estate Cause of Action Contract 59

LexForti

JUNE 4, 2021

” Likewise, the Black Law’s Dictionary has defined the aforementioned term as “a court’s power to decide a case or issue a decree.” AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CIVIL COURTS IN INDIA. AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CRIMINAL COURTS IN INDIA. In the case of A.B.C.

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Cause of Action Court Entertainment Laws 52

LawSites

MARCH 21, 2024

The product, which is in beta, generates a Microsoft Word document formatted for the federal court system. Users in state courts will have to customize the formatting to fit local requirements. In addition to the names of the parties and the jurisdiction, Ai.law asks you to provide: Causes of action. (If

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SAV Paralegal Services

AUGUST 3, 2022

As it is usually seen there are many misconceptions when it comes to the Small Claims Court litigation. It is normally expected that after the filing with the Court the Plaintiff’s claim shall be served on Defendant and then, if a Defence is filed, parties should expect a Settlement Conference.

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Paralegal Services Paralegal Paralegals Cause of Action 98

Conflict of Laws

APRIL 13, 2023

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

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Laws Procedural Law Contract Government 98

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. The court granted-and-held in In re Z.T. The court granted review in Cynosure, LLC v.

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Government Court Contract Cause of Action 49

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Contract Litigation Litigating Cause of Action 98

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

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Court Tort Cause of Action Litigation 52

Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. courts over disputes that arise in other countries. The result in Mallory v.

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Court Statute Cause of Action Contract 40

LawSites

MARCH 26, 2024

In a lawsuit filed this week in federal court in Manhattan, the former chief operating office of a legal technology company claims she was fired after attempting to exercise stock options valued at over $1 million.

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Legal Legal Law Firm Law Firms 54

Patently O

MARCH 21, 2021

The pending Supreme Court case of Warsaw v. There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. One giving US district courts exclusive original jurisdiction over US patent cases and the second giving the Federal Circuit exclusive appellate jurisdiction over appeals in patent cases.

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Contract Statute Court Cause of Action 99

At the Lectern

JULY 20, 2023

Supreme Court actions of note at its conference yesterday included: Negligent infliction of emotional distress. The court agreed to hear Downey v. ” Vehicle sales arbitration. ” Vehicle sales arbitration. ” Vehicle sales arbitration. .” ” Vehicle sales arbitration. FCA US LLC (2020) 53 Cal.App.5th

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Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. The Liquidators in turn sought orders from the BVI court that those assets were owned by the defendant and subject to the BVI Liquidation proceedings.

Court 65

Court Cause of Action Laws Contract 65

SAV Paralegal Services

OCTOBER 30, 2021

There are several misconceptions that exist when it comes to the Small Claims Court. litigation, as this court is not that small how it looks. Court also has a limit on the amount of legal costs that might be awarded. He went to the court, took Plaintiff’s claim form, and fill it up.

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Paralegal Paralegals Contract Litigation 52

Patently O

DECEMBER 4, 2020

In the early 2000s, the companies reached some form of a tacit agreement — although without an express contract. The TTAB particularly found a binding contract between the parties where Australian Therapy gave-up its rights to use the mark in the US: . The evidence shows that the parties reached an agreement. 3d 1270, 1274 (Fed.

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Contract Cause of Action Statute Court 60

LawSites

NOVEMBER 29, 2022

But Akin Gump, in its complaint for damages and injunctive relief filed in the District of Columbia Superior Court and in a petition to the U.S. It asserts that Akin Gump then “breached the implied contract by rejecting the project as soon as financial terms were discussed and tried to file a patent on the work Xcential performed.”.

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Drafting Law Firm Law Firms Laws 52

The IP Law Blog

MARCH 23, 2023

10, 2023), the Ninth Circuit held that the trial court had properly enforced contractual provisions to find that the Plaintiff’s copyright infringement claims were barred by the agreed-to shortened, statute of limitations period. In an unpublished opinion in the case, Evox Productions, LLC v. Chrome Data Solutions, LP (filed Feb.

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Statute Cause of Action Court Contract 98

Conflict of Laws

DECEMBER 16, 2020

1] Like in many other common law jurisdictions, Nigerian courts recognize and enforce foreign judgments only if, in the eyes of Nigerian PIL, the foreign court had jurisdiction to render the judgment in question. [2] From a comparative perspective, Canadian courts have applied the real and substantial connection test.

Laws 52

Laws Court Cause of Action Litigation 52

Constitutional Law Reporter

APRIL 20, 2022

Supreme Court heard oral arguments in four cases last week, with Justice Clarence Thomas participating remotely after being discharged from the hospital. Other issues before the Court included the extent of Congress’ war powers under Article 1 of the U.S. The Federal Arbitration Act took center stage in two of the four cases.

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Cause of Action Court Constitutional Law Contract 52

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.

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Legal Legal Contract Cause of Action 82

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

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Statute Construction Cause of Action Misdemeanor 59

JonathanTurley

NOVEMBER 23, 2021

However, in ruling on such a motion, the court must assume all facts in favor of the students.

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Cause of Action Laws Law School Tort 37

Patently O

MAY 1, 2024

Specifically, the district court found that even though Main Street had not exercised its rights to license or assign the patent, the mere possibility that Zebra could obtain a license from Main Street deprived IT of its exclusionary rights in the patent, which are necessary for constitutional standing. Miracle Optics, Inc. , Mann Found.

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Court Cause of Action Contract Law Contract 54

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. courts of appeals are “nearly evenly divided” on this issue, the county asks for the justices’ review. The en banc U.S. Arguing that the U.S.

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Statute Cause of Action Court Finance 86

JonathanTurley

NOVEMBER 18, 2022

Later the university refused to renew his contract. I have previously written about how such contract faculty are particularly vulnerable to pressure and coercion over their academic or political views. THIRD CAUSE OF ACTION Violation of Plaintiffs’ Right to be Free from Unconstitutional Conditions (42 U.S.C.

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Cause of Action Contract Law School Laws 48

Patently O

MARCH 13, 2021

Supreme Court 2021). Supreme Court with the following question: [35 USC 116] provides that “when an invention is made by two or more persons jointly, they shall apply for a patent jointly.” In that case, Levin sued Septodent for breach of contract associated with payments on a patent sale agreement. Ono Pharmaceutical Co.,

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Cause of Action Contract Court Laws 89

Conflict of Laws

DECEMBER 19, 2022

The conditions under which national courts may seek a preliminary ruling are based on the established jurisdiction of the European Court of Justice (CJEU) and are summarised in Article 94 of the Rules of Procedure of the CJEU. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria.

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Court Contract Statute Laws 76

ClimateChange-ClimateLaw

JUNE 15, 2012

On Tuesday, New York State Supreme Court Justice Thomas J. The complaint asserted four causes of action relating to the legality of New York’s participation in RGGI. The fourth cause of action raised the question of whether RGGI violates the Compact Clause as a multistate contract not authorized by Congress.

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Cause of Action Contract Court Decisions Legal 40

The Fashion Law

MAY 12, 2021

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. . ” Fast forward to early this year, and Judge Jesse Furman of the U.S. million in attorneys’ fees and costs. .

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Punitive Damages Cause of Action Attorney Contract 102