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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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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JURIST

DECEMBER 21, 2022

The case is in the Supreme Court for the State of New York in Erie County. Buffalo claims that the ghost gun defendants violate, circumvent and assist their customers in evading gun laws designed to protect public safety. 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

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

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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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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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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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. ,

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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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JURIST

OCTOBER 7, 2021

A judge from the US District Court for the Western District of Texas in Austin on Wednesday temporarily blocked Texas’ restrictive abortion ban, which took effect in September. In a statement, Attorney General Merrick Garland called the Texas law “clearly unconstitutional.”

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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. Robert Boule is a U.S.

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Conflict of Laws

FEBRUARY 5, 2021

Issues relating to succession and administration of estate of a deceased person raise significant issues in Nigerian private international law (or conflict of laws), whether a person dies testate or intestate. The claimants/respondents brought an action against the defendant/appellant before the Gombe State High Court.

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JURIST

MAY 26, 2023

McMaster responded to the judge’s ruling, writing, “We will continue fighting to protect the lives of the unborn in South Carolina and the constitutional law that protects them. I hope that the Supreme Court will take this matter up without delay.” The lawsuit lists 17 causes of action in favor of enjoining the ban.

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Cause of Action Constitutional Law Court Laws 104

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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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.

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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

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

NOVEMBER 22, 2021

Share Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. Equitable-apportionment law seeks to balance the states’ sovereign interests in water by delineating how exactly the two states will share an interstate waterway. “[W]e

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Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

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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. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. The following comes from Edible’s brief: Edible’s claim is simple.

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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 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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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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JURIST

FEBRUARY 11, 2022

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.

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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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Mondaq

AUGUST 29, 2022

A plea to the jurisdiction challenges the trial court's power to exercise subject-matter jurisdiction. The plea is a "dilatory" plea that is typically used to defeat a plaintiff's cause of action without regard to whether the claims have any merit.

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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

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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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

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Court denied the application for injunctive relief in Whole Woman’s Health v. The Texas law at issue, S.B. Unlike other abortion laws, S.B. Supreme Court. Supreme Court’s Decision.

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Laws Court Cause of Action Constitutional Law 52

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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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 Laws 52

At the Lectern

JULY 14, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Lemon Law. The court granted review in Rodriguez v. The appellate court concluded the definition is “a catchall for sales of essentially new vehicles where the applicable warranty was issued with the sale.” FCA US, LLC.

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At the Lectern

JUNE 24, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court signs off on another sentence commutation. The court granted review in Travis v. The court apparently didn’t care for the way the First District, Division Two, procedurally handled the habeas corpus petition in In re Murray.

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Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

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HowAppealing

FEBRUARY 17, 2022

Court of Appeals for the Fifth Circuit issued today. In his dissenting opinion , Circuit Judge Jerry E. ” Perhaps the majority agrees. ” Perhaps the majority agrees. Why else shrink behind an unsigned and unpublished opinion?

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