Constitutional Law Reporter

FEBRUARY 28, 2024

As Justice Gorsuch explained, the Court has found a clear waiver of sovereign immunity in just two situations. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. agency,” §1681a(b), and that applies to the entire Act.

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Court Rules Court Cause of Action Statute 52

JURIST

JUNE 22, 2023

The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” M árquez authored the opinion of the court. ” Justice Monica M.

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SCOTUSBlog

APRIL 28, 2022

Kavanaugh wrote a short concurrence, joined by Gorsuch, focused on the risks of judicial extension of remedies for implied causes of action. The post Court rules against plaintiff seeking emotional distress damages for discrimination appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

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Court Rules Court Contract Statute 98

JURIST

APRIL 9, 2023

The First Circuit Court of the State of Hawai’i Thursday rejected a motion to dismiss by the Hawai’i Department of Transportation to dismiss a lawsuit alleging the department is violating the state constitution by failing to reduce greenhouse gas (GHG) emissions.

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Law 360

JANUARY 31, 2023

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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Cause of Action Manufacturing Contract Court Rules 52

LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S.

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Legal Research Legal Legal eDiscovery 71

Conflict of Laws

NOVEMBER 9, 2023

The test of “ Cause of Action” In online IP infringement cases, another ground for establishing jurisdiction revolves around determining the place where the cause of action arose. The Delhi High Court has established precedents in this regard, notably in Banyan Tree Holding (P) Ltd.

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Cause of Action Court Entertainment Court Rules 67

Day on Torts

FEBRUARY 2, 2023

Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. At issue here was Tenn. Code Ann. § 29-20-205, which states that immunity is not removed “if the injury arises out of…interference with contract rights.” Continue reading

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Tort Contract Cause of Action Construction 59

SCOTUSBlog

JUNE 25, 2021

Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. Friday’s ruling in TransUnion v. The Supreme Court ruled in Spokeo v. Robins that the Constitution requires a concrete injury, Kagan stressed.

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SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules.

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Statute Cause of Action Government Court 74

Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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Court Cause of Action Government Court Rules 52

Day on Torts

MARCH 30, 2021

Because of Rule 1, the second civil warrant, therefore, did not relate back to the filing of the first. The Court next analyzed the trial court’s ruling that the statute of limitations barred the plaintiff’s claim. Code Ann. § Pursuant to Tenn. Code Ann. § Summary judgment for the defendant was therefore affirmed.

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Statute Cause of Action Court Rules Diligence 59

JURIST

AUGUST 16, 2022

The complaint sets forth a cause of action arising from the CIA’s Fourth Amendment violations. According to the US Supreme Court in Bivens v. The Supreme Court ruled that Bivens could sue for the mental anguish this incident caused him. The journalists and lawyers requested a jury trial.

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Lawyer Lawyers Cause of Action Court Rules 46

Conflict of Laws

AUGUST 22, 2023

786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 3, where the Beijing Fourth Intermediate People’s Court ruled to recognize and enforce a trademark judgment of the Korean Supreme Court. 99 Trade Co.

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Cause of Action Divorce Court Rules Lawyer 52

Day on Torts

AUGUST 9, 2021

The Court pointed out that even crediting defendant’s assertion that the annuity was meant to be a trust for the mother, to accomplish the purpose of qualifying her for Medicaid she had to be “divested of ownership over the annuity funds,” and plaintiff and defendant as the named owners had equal ownership interest of the annuity.

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Divorce Cause of Action Statute Diligence 59

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

The court described the case as “an unprecedented case for any court, let alone a state court trial judge,” but concluded that it was “still a tort case” and “based exclusively on state law causes of action,” primarily failures to disclose, failures to warn, and deceptive marketing. Chevron Corp.

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Court Tort Cause of Action Litigation 80

SCOTUSBlog

APRIL 15, 2023

In the same year, a divided Supreme Court ruled in National Institute for Family and Life Advocates v. Washington passed Senate Bill 5722 in 2018 to add conversion therapy for minors to the list of violations for which therapists can lose their licenses. Nineteen other states and the District of Columbia have similar laws.

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Cause of Action Tort Court Laws 77

Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. The District Court ruled that all class members had Article III standing on each of the three statutory claims. Congress may enact legal prohibitions and obligations.

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Court Cause of Action Tort Punitive Damages 52

Day on Torts

FEBRUARY 8, 2021

In April 2019, which was more than one year after the accident, plaintiff filed this personal injury action, arguing that instead of being subject to the standard one-year statute of limitations for personal injury claims, the statute of limitations for this case was extended to two years by virtue of Tenn. Code Ann. § 28-3-104(a)(2).

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Statute Personal Injury Cause of Action Misdemeanor 59

Patently O

JANUARY 4, 2024

Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

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Law Firm Law Firms Attorney Legal Research 124

Day on Torts

JANUARY 11, 2021

Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. The Court next analyzed whether this case fell within the third special duty exception based on the deputy’s alleged reckless conduct. internal citation omitted).

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Cause of Action Tort Court Statute 59

Day on Torts

FEBRUARY 18, 2021

Plaintiff asserted that she “did not and could not have discovered [she] had separate causes of action against the Hospital Defendants until May 14, 2018—when Dr. Cheng performed surgery and discovered the malpositioned screws in [plaintiff’s] spinal canal, through her ribs, and abutting her aorta.” internal citation omitted).

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Statute Cause of Action Diligence Court 64

Day on Torts

MAY 11, 2022

The Court explained: Claimant’s complaint filed in the Claims Commission is a separate and independent action from the complaint against the other parties filed in circuit court. The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case. In Dotson v. State , No.

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Tort Statute Cause of Action Court 59

Day on Torts

AUGUST 2, 2021

Under the public duty doctrine, public employees and governmental entities are shielded “from suits for injuries that are caused by the employee’s breach of a duty owed to the public at large rather than to the individual plaintiff,” unless one of three special duty exceptions applies. internal citation). internal citations omitted).

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Tort Cause of Action Statute Court 59

SCOTUSBlog

MARCH 17, 2023

Although the ministerial exception might ultimately shield Faith Christian from liability, the court ruled, it does not protect the school against having to litigate Tucker’s lawsuit at all. Whether Tucker served as a minister is a difficult question for a jury to answer, the 10th Circuit explained.

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SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case.

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Statute Finance Government Cause of Action 54

LexForti

JUNE 4, 2023

They can do so if the defendants’ activities have a strong connection with India, causing the Plaintiff’s cause of action, and if the jurisdiction’s exercise is deemed reasonable.

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Cause of Action Court Legal Legal 52

Day on Torts

APRIL 29, 2021

Simply put, [defendants] were no longer on notice that [plaintiff] might pursue a cause of action for health care liability against them. The voluntary nonsuit also abrogated the Notice [plaintiff] sent to [defendants]. Internal citations omitted).

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Tort Cause of Action Statute Court 59

Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

Court Rules 52

Court Rules Tort Court Cause of Action 52

Day on Torts

MARCH 10, 2021

The Court of Appeals compared the instant case to one in which a patient was wrongly told that his treating urologist had approved a surgical procedure, wherein the claim was ultimately ruled to be one for medical battery. citing Holt v. Alexander, No. W2003-02541-COA-R3-CV, 2005 WL 94370 (Tenn. 13, 2005)).

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Government Healthcare Court Cause of Action 59

Day on Torts

DECEMBER 8, 2022

Looking to other caselaw analyzing what qualifies as a counterclaim under Rule 41.01, the Court explained: [W]e conclude that Defendant’s TPPA Petition to dismiss and request for attorney fees and sanctions would be considered a counterclaim within the meaning of Rule 41.01. internal citations and quotations omitted).

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Tort Statute Attorney Court 59

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 1] Civil Procedure Rules 2006 (ACT) div 6.8.9;

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Court Prima Facie Case Statute Laws 40

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. America Online, Inc.,

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Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. In contrast, § 256 provides a separate cause of action to correct the named inventors on a patent, which is not subject to the same congressionally-enacted statute of limitations.

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Statute Cause of Action Court Rules Court 59

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The lower courts and the UK Supreme court agreed with Shell. This was a one-off event and not a continuing nuisance.

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Cause of Action Court Tort Civil Law 40

Conflict of Laws

AUGUST 19, 2021

The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14] 14] Where none of the conditions outlined in the Rules are met, the courts must refuse the application for leave.

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Court Contract Statute Laws 76