JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Stewart argued that the FTC Act review provisions authorizes courts of appeals to review final commission orders. .”

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JURIST

OCTOBER 9, 2021

The Fifth Circuit Court of Appeals on Friday has temporarily reinstated Texas’ six-week abortion ban after a lower court had blocked the law just two days earlier. ” In his motion to the circuit court , he had written, “The district court’s injunction violates the separation of powers at every turn.”

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JURIST

APRIL 9, 2021

A judge for Shawnee County District Court in Kansas blocked the state’s ban on Dilation and Evacuation (D&E) abortions Wednesday. ” Finally, the Act creates a civil cause of action and imposes criminal penalties against those who perform a D&E abortion. .” The state appealed.

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SCOTUSBlog

JUNE 8, 2022

Share Continuing an unbroken decades-long run, the Supreme Court on Wednesday refused to extend the right to sue federal officers for damages under Bivens v. Court of Appeals for the 9th Circuit allowed both claims to go forward. On Wednesday, the Supreme Court reversed. Six Unknown Named Agents.

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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JURIST

MAY 26, 2023

I hope that the Supreme Court will take this matter up without delay.” The group asked that a South Carolina court in Richland County temporarily block the ban’s enforcement. The group asked that a South Carolina court in Richland County temporarily block the ban’s enforcement.

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JURIST

MARCH 5, 2021

The Indian Supreme Court on Wednesday dismissed a civil writ petition against Dr Farooq Abdullah, a Member of the Lok Sabha (lower house of Parliament) from the Jammu & Kashmir National Conference party and a former Chief Minister of the erstwhile state of Jammu & Kashmir. 50,000 ($684) to “discourage such endeavours.”

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JURIST

DECEMBER 21, 2022

The case is in the Supreme Court for the State of New York in Erie County. The complaint asserts three causes of action against the manufacturers for violations of New York’s General Business law. The 194-page complaint notes and documents the rise in gun violence in Buffalo and the state of New York.

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SCOTUSBlog

NOVEMBER 22, 2021

Share Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. As the court confirmed last year in Florida v. The post Court unanimously favors Tennessee in groundwater dispute with Mississippi appeared first on SCOTUSblog.

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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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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 relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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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. A jury sided with the consumers and ordered TransUnion to pay more than $60 million in damages, though a federal appeals court later reduced the verdict to $40 million.

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SCOTUSBlog

JUNE 8, 2022

Canada border, the Supreme Court in Egbert v. Boule narrowed, but did not eliminate, private civil damages actions for constitutional violations by federal officials under Bivens v. The majority’s conclusion is unsurprising, given that the court has rejected every Bivens claim since 1980. citizen plaintiff, actions on the U.S.

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SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

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The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. However, in contrast, the Court also found the allegations do not meet the standard for pleading indirect infringement. In Bell Semiconductor, LLC v.

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Mondaq

JULY 26, 2021

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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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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Patently O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. As a matter of fact, this is an illegal [theft-by-]taking, and Edible can introduce evidence within the framework of the Complaint to prove each cause of action. by Dennis Crouch. Edible IP v.

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JURIST

APRIL 19, 2023

The case is in the US District Court for the Western District of Tennessee Western Division. ” The complaint sets forth 25 causes of action, which include Failure to Train, Failure to Supervise, Fourth Amendment violations, Negligent Infliction of Emotional Distress and Fraudulent Misrepresentation.

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SCOTUSBlog

AUGUST 19, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The court heard one set of these suits in 2020, against the Treasury Department and the agency created as Fannie Mae and Freddie Mac’s conservator, the Federal Housing Finance Agency. The court in Collins v.

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JURIST

JANUARY 4, 2023

A federal California court Tuesday dismissed Ali Al-Ahmed’s lawsuit against Twitter Inc. US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. for suspending his account.

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The Crime Report

JUNE 9, 2022

The Supreme Court has weakened further the precedent set in the 1971 ruling Bivens v. Justice Clarence Thomas, writing for the 6-3 majority Wednesday, concluded that “the Bivens inquiry does not invite federal courts to independently assess the costs and benefits of implying a cause of action.”

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SCOTUSBlog

OCTOBER 14, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether those officers are entitled to qualified immunity. A list of all petitions we’re watching is available here.

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SCOTUSBlog

JANUARY 19, 2022

Share The Supreme Court heard argument on Tuesday in Cassirer v. Court of Appeals for the 9th Circuit’s precedent, cases brought under the FSIA are different: In those cases, choice of law is governed by federal common law rather than by state law. Thyssen-Bornemisza Collection Foundation. But under the U.S. Stauber readily agreed.

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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. 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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NewmanFerraraLLP

MAY 1, 2023

FEDERAL COURT'S "WITHOUT PREJUDICE" DISMISSAL HAD NO IMPACT After her employment discrimination case was dismissed, without prejudice, by the Eastern District of New York, (a local federal court), G.S. ’s state court claims (predicated on such theories as “res judicata” and “collateral estoppel").

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NewmanFerraraLLP

MAY 1, 2023

FEDERAL COURT'S "WITHOUT PREJUDICE" DISMISSAL HAD NO IMPACT After her employment discrimination case was dismissed, without prejudice, by the Eastern District of New York , (a local federal court), G.S. But the King County Supreme Court rebuffed those arguments, and an appeal ensued. could bring a state court action.

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JURIST

SEPTEMBER 21, 2022

Alianza Americas Tuesday filed a class-action lawsuit against Florida Governor Ron DeSantis on behalf of nearly 50 migrants flown from San Antonio, Texas, to Martha’s Vineyard, Massachusetts. The case is in federal court in the US District Court for the District of Massachusetts.

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Constitutional Law Reporter

SEPTEMBER 10, 2021

Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Supreme Court’s Decision. The Supreme Court reversed.

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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. The Hawai‘i Circuit Court’s decision. By Korey Silverman-Roati. Background.

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The Fashion Law

JUNE 1, 2021

The years-long legal battle between H&M and pattern-making company Unicolors is going before the Supreme Court. The appeals court held that a collection of works may be registered under a single-unit registration, but that is only an option when the works were first published in a singular, bundled unit.

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NewmanFerraraLLP

MAY 31, 2023

Kirby sued Carlo’s Bakery 42 nd & 8 th LLC alleging, among other things, “employment discrimination” under New York State and New York City Human Rights Laws, a New York County Supreme Court Justice granted Carlo ’s request to dismiss four of Kirby's claims.

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At the Lectern

SEPTEMBER 16, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Forum selection : The court agreed to hear Gerro v. ” Uncommonly for a civil case, review comes after an unpublished opinion , this one by the Second District, Division One, Court of Appeal. Covid statute of limitations.

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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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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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SCOTUSBlog

APRIL 13, 2023

As relevant here, Section 11 includes a private cause of action in federal court if the statement includes any information that is materially false or misleading, at the behest of “any person acquiring such security.” The Supreme Court agreed to review that decision, which conflicts with the views of other lower courts.

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JURIST

FEBRUARY 11, 2022

In a complaint filed at the Alameda County Superior Court, the DFEH alleged “unchecked racism” in Tesla’s Fremont factory. It also includes causes of action for the failure to prevent discrimination under the FEHA and for unequal pay under the Labor Code.

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