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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LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We

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Conflict of Laws

NOVEMBER 9, 2023

Written by Akanksha Oak, Jindal Global Law School, India Introduction The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. They filed for a trade mark infringement in a suit in the Delhi High Court.

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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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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 court sent the case back to the lower court for new proceedings in light of Friday’s ruling.

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ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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Conflict of Laws

APRIL 25, 2024

Service out under the ‘appropriate court’ ground Cheong Jun Yoong v Three Arrows Capital [1] involved service out of jurisdiction pursuant to the ‘appropriate court’ ground in Order 8 rule 1(1). It is perhaps the court’s analysis of gateway (i) which is of particular interest as it deals with a nascent area of law.

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Patently O

JANUARY 4, 2024

Hsuanyeh Law Group v. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. In American Institute of Physics v.

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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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SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

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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. But under Article III, an injury in law is not an injury in fact. Milkovich v. Lorain Journal Co.,

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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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Day on Torts

JANUARY 11, 2021

Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied. internal citation omitted). There is, however, an exception to the immunity provided by the Public Duty Doctrine.

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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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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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Day on Torts

APRIL 29, 2021

The Court quickly rejected this assertion, pointing out that “a plaintiff cannot disclaim HCLA pre-suit requirements by asserting health care claims under the guise of common law torts.” This conclusion is most aligned with Tennessee law and public policy. Here, [defendants] received the Notice on April 25, 2019.

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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 which dealt with service outside Australia.

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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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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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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]. Territorial Jurisdiction of Courts in Nigeria. The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14] In Nwabueze v.

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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.

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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. Craigslist, Inc. ,

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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 jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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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. 286 (“no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”)

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.

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SCOTUSBlog

DECEMBER 24, 2020

In addition, the 9th Circuit concluded that the department may not withhold the funds from California and the city and county of San Francisco for noncompliance with the certification condition because their “sanctuary laws do not violate 8 U.S.C. Department of Justice , after a district court ruled for the challengers, the U.S.

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JonathanTurley

NOVEMBER 27, 2022

The filing is particularly interesting because it focuses not as much on the BDSM or bondage bears being marketed by Balenciaga, but the inclusion the image of a child pornography court ruling. Hiding in plain sight a Supreme Court case involving a federal child porn law… Stop sexualizing kids to sell your ugly overpriced crap.

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SCOTUSBlog

JUNE 16, 2022

The petitioners also ask the court to overrule Employment Division v. Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. The court faced but did not decide the issue of whether to overrule Smith in Fulton v. Both the district court and the U.S.

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. The law is one of the most restrictive in the county.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys.

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SCOTUSBlog

DECEMBER 1, 2023

We at the Supreme Court mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law, and an eloquent advocate for civics education.” Nominated by President Ronald Reagan in 1981, O’Connor served 24 years on the court before stepping down to take care of her husband, who also battled Alzheimer’s.

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