JURIST

FEBRUARY 9, 2024

In a unanimous slip opinion, the US Supreme Court ruled on Thursday that the Fair Credit Reporting Act (FCRA) waives sovereign immunity and that the federal government can be liable for incorrect debt reporting that damages credit scores. Justice Neil Gorsuch authored the opinion of the court.

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Law 360

MARCH 27, 2024

Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.

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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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JURIST

DECEMBER 25, 2022

The United States Court of Appeals for the DC Circuit Friday ruled that employees who work for US-based companies overseas are not protected by the Sarbanes-Oxley Act , which protects employees of publicly traded companies who report illegal activity by their employers.

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Court Rules Cause of Action Court Laws 104

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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JURIST

JUNE 22, 2022

The US Court of Appeals for the Fifth Circuit ruled Monday that Students for Fair Admissions (SFFA) can continue their lawsuit against the University of Texas Austin (UT) for racial discrimination in their admissions process. The court found that the lawsuit was barred under res judicata because of it’s similarity to Fisher v.

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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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JURIST

JUNE 20, 2021

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The case which the Supreme Court decided was Nestlé USA, Inc. Doe I, consolidated with Cargill, Inc. In Jesner v.

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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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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

MARCH 7, 2023

The High Court of Australia Tuesday began hearing submissions that a Facebook app tied to the Cambridge Analytica scandal contravened national privacy laws. The case follows numerous court actions in the UK and the US for breaches of privacy relating to the Cambridge Analytica scandal which affected 50 million Facebook users.

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Conflict of Laws

NOVEMBER 9, 2023

A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Simultaneously, the defendants filed a suit in the United States District Court, asserting non-infringement of the plaintiffs’ rights. Brainlink International Inc., [1]

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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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Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government. government.

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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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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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Mondaq

AUGUST 17, 2021

The Supreme Court in its recent decision in Dena Bank (now Bank of Baroda) v C. Shivakumar Reddy and Anr, (Civil Appeal 1650 of 2020) has inter alia held that a final judgement.

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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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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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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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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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Court Rules Court Contract Statute 98

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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Patently O

JULY 5, 2023

The district court agreed with ABS and concluded that the licensing/transfers are included within the original judgment and further arguments are precluded. The third prong – same cause of action – is the one that causes the most consternation. by Dennis Crouch Inguran, LLC v. ABS Global, Inc., 22-1385 (Fed.

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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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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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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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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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Day on Torts

AUGUST 13, 2021

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. Here is a copy of the court of appeals opinion in the case , decided on March 10, 2021. The case is Pryority Partnership v. AMT Properties, LLC , No. 2020-00511-SC-R11-CV. Continue reading.

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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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JURIST

DECEMBER 17, 2020

A judge for the US District Court for the Middle District of Alabama dismissed a lawsuit Tuesday challenging the state’s COVID-19 mask mandate. The court found that the complaint was a “shotgun complaint.” Parties, causes of action, injuries, causation, and redressability should be specific and match.

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LPB Network

NOVEMBER 5, 2021

Today the Supreme Court granted certiorari in Egbert v. Boule, which presents the following questions: Whether a cause of action exists under Bivens for First Amendment retaliation claims. Whether a cause of action exists under Bivens for claims against federal.

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The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Cause of Action Court Laws Legal 112

Mondaq

SEPTEMBER 2, 2021

Shivakumar Reddy , the Hon'ble Supreme Court held that the non-payment of an amount awarded under a decree, In the recent judgment in Dena Bank v.

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Cause of Action Court Legal Legal 40

Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014). Aktiebolag v.

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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

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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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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