JonathanTurley

NOVEMBER 23, 2021

That is the complaint by two law students (identified only as John Doe and Jane Doe) who allege that they were blackballed for supporting Professor Amy Chua, who was previously discussed as embroiled in a controversy at the school after she defended Justice Brett Kavanaugh. became the subject of pernicious law school gossip.

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LawSites

FEBRUARY 22, 2023

The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. In a ruling issued Feb.

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SCOTUSBlog

JUNE 8, 2023

1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.

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At the Lectern

JULY 20, 2023

Supreme Court actions of note at its conference yesterday included: Negligent infliction of emotional distress. City of Riverside to address an issue that’s a perennial favorite of law school moot courts and writing classes — the limits on a bystander’s right to recover for negligent infliction of emotional distress.

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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. We will not be intimidated into surrendering our know-how and intellectual property to a giant law firm like Akin Gump.

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LawSites

MARCH 26, 2024

The plaintiff, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. I emailed Dwayne Hermes asking if he wished to respond but I have not heard back from him.

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SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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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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SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power.

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Cause of Action Court Entertainment Constitutional Law 52

Patently O

MARCH 21, 2021

The second provision relates to appellate courts: The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction over final decisions from US district courts “in any civil action arising under. An example is a breach of contract dispute between two parties from the same U.S. ” 28 U.S.C.

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Conflict of Laws

APRIL 25, 2024

The wide-reaching effect of a previous Court of Appeal decision on the interpretation of gateway (n) which covers a claim brought under statutes dealing with serious crimes such as corruption and dug trafficking and ‘any other written law’ is also yet to be grasped by litigants. [5]

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Court Cause of Action Laws Contract 67

The Fashion Law

DECEMBER 20, 2021

It follows from the similarly-noteworthy July 2021 securities class action lawsuit that an individual named Jeeun Friel filed against Dapper Labs Inc., securities laws in the process, as the NFTs were not registered with the Securities and Exchange Commission. The RealReal Files Anti-Competition Counterclaims Against Chanel.

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Laws Cause of Action Litigation Litigating 97

Day on Torts

MARCH 29, 2022

Shortly after the purchase, plaintiffs discovered the home was contaminated with mold, and they filed this action asserting claims for breach of contract, negligence, gross negligence, negligent misrepresentation, and intentional misrepresentation. Defendants filed a motion for summary judgment, which the trial court granted.

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Court Real Estate Cause of Action Contract 59

Conflict of Laws

DECEMBER 16, 2020

This is the third online symposium on Private International Law in Nigeria initially announced on this blog. The Nigerian private international law (hereinafter PIL) regime is significantly influenced by the common law. Written by Richard Mike Mlambe, Attorney and Lecturer at University of Malawi- The Polytechnic.

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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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The Fashion Law

MAY 18, 2021

The post Former Brooks Brothers Owner at the Center of New $100 Million Legal Battle Over Sale of the Brand appeared first on The Fashion Law. Claudio Del Vecchio, et al. , 1:21-cv-04406 (SDNY).

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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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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.

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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. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

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Court Tort Cause of Action Litigation 52

At the Lectern

JULY 28, 2022

” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. shall reimburse providers for emergency services and care provided to its enrollees.” ” Forum selection clause.

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Conflict of Laws

DECEMBER 19, 2022

Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law. In its decision T.B.

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Court Cause of Action Laws Legal 52

Constitutional Law Reporter

APRIL 20, 2022

Saxon : The case involves Section 1 of the Federal Arbitration Act (FAA), which states that the FAA does not apply “to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Below is a brief summary of the cases the Court considered: Southwest Airlines Co.

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Cause of Action Court Constitutional Law Contract 52

Patently O

MARCH 13, 2021

A person who claims to have been improperly omitted from the list of inventors on a patent may bring a cause of action for correction of inventorship under 35 U.S.C. § In that case, Levin sued Septodent for breach of contract associated with payments on a patent sale agreement. Septodont Inc., 65 (4th Cir. 2002)(unpublished).

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Cause of Action Contract Court Laws 91

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. . million attorney fee award” owed to Coscarelli in connection with the parties’ arbitration. The case is Chloe Coscarelli, et al.

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Conflict of Laws

JUNE 28, 2023

This post is by Maggie Gardner, a professor of law at Cornell Law School. But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. It is cross-posted at Transnational Litigation Blog. Norfolk Southern contested personal jurisdiction.

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SCOTUSBlog

APRIL 9, 2021

4617(b)(12). Warsaw Orthopedic Inc. Issue : Whether a federal court with exclusive jurisdiction over a claim may abstain in favor of a state court with no jurisdiction over that claim.

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Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. As an illustrative example, a High Court of a State in Nigeria or that of the Federal Capital Territory, Abuja has jurisdiction over the subject matter of a simple contract. In Nwabueze v.

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Court Contract Statute Laws 76

Patently O

MAY 1, 2024

And that will be [a defense] to the cause of action. In both cases we may have situations whether the creditor/co-owner has not exercised their right to assign/sue, but the law treats the two differently. Notably, the law generally requires all co-owners of a patent to join as plaintiffs in order to sue for infringement.

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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. [Editor’s note: This is a guest post by Mark Stodder , President of Xcential Legislative Technologies. First, the context.

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Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K.

Contract 8

Contract Tort Litigation Litigating 8

The Fashion Law

OCTOBER 11, 2021

Walmart argues that a demurrer is also warranted because West and Yeezy’s claims are barred by Section 230 of the Communications Decency Act, which “preempts the cause of action to the extent that [West and Yeezy are] seeking to hold Walmart liable for the conduct of the seller” of the imitation footwear.

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Conflict of Laws

NOVEMBER 22, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. extraterritorial jurisdiction has caused “severe harm … to the international political and economic order and the international rule of law.” law rather than expand it. Written by Bill Dodge , the John D.

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Statute Criminal Law Laws Court 57

The Fashion Law

APRIL 26, 2021

The fashion brand sets out trademark infringement, counterfeiting, and federal and state unfair competition causes of action against Kokhtenko, while Facebook claims that she is on the hook for breach of contract by virtue of her alleged failure to adhere to both Facebook and Instagram’s terms of use. “By

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InHouseOps

OCTOBER 1, 2021

Michael Vernick, government contracts partner with Akin Gump, discusses various aspects of the False Claims Act, including the potential for increased enforcement activity under the Biden administration, especially actions related to the CARES Act, and how companies and institutions can mitigate whistleblower and compliance related risks.

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Fordham Law News

OCTOBER 2, 2023

1] On June 20, 2023, the New York State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers. [2] 9] The bill provides that: “Every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.… [N]o

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Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

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