LawSites

FEBRUARY 22, 2023

The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. Superior Court Judge Juliet J. McKenna disagreed.

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Drafting Legal Legal Contract 85

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. Sharma and Others and its impact for climate litigation in Australia.

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Litigation Litigating Court Personal Injury 40

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. Robbins responded that private litigation is antithetical to the substantial enforcement power and discretion FNHRA accords states and the secretary of health and human services.

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Court Statute Cause of Action Contract 83

ClimateChange-ClimateLaw

MAY 9, 2024

Switzerland granted on Apr 9, 2024 by the European Court of Human Rights (ECtHR or the Court). Still, there is much more to discuss regarding its broader implications for climate litigation. Gender remains an overlooked issue in climate litigation. Much has been said already about the decision in KlimaSeniorinnen v.

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Litigation Litigating Court Legal 109

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983.

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Statute Court Contract Tort 96

JURIST

DECEMBER 6, 2021

The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e.

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Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

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Cause of Action Court Entertainment Constitutional Law 52

Patently O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation.

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Case Management Litigation Litigating Cause of Action 105

SAV Paralegal Services

AUGUST 3, 2022

As it is usually seen there are many misconceptions when it comes to the Small Claims Court litigation. It is normally expected that after the filing with the Court the Plaintiff’s claim shall be served on Defendant and then, if a Defence is filed, parties should expect a Settlement Conference.

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Paralegal Services Paralegal Paralegals Cause of Action 98

JayS.Rothman&Associates

MAY 17, 2023

For example, courts have held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of their associates’ race, gender, religion, and/or national origin. Iona College, a federal appellate court explained the rationale for reading associational discrimination into Title VII. 12112(b)(4).

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Prima Facie Case Cause of Action Legal Legal 98

ClimateChange-ClimateLaw

NOVEMBER 7, 2022

it’s extremely unlikely that Congress would be willing to appropriate the necessary funds for loss and damage compensation, but resistance to loss and damage funding is often also framed as a concern that a funding agreement could give rise to unpredictable litigation and potentially unlimited liability. In the U.S.,

Litigation 101

Litigation Litigating Cause of Action Legal 101

ClimateChange-ClimateLaw

DECEMBER 2, 2022

On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. and global climate litigation movement.

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Litigation Litigating Cause of Action Punitive Damages 98

Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. This post is written by Joshua Folkard, Barrister at Twenty Essex. Background. PD 6B, para.

Tort 52

Tort Cause of Action Court Litigation 52

Conflict of Laws

JUNE 4, 2023

However, in legal systems where this fundamental distinction is not well established, the amalgamation of the two notions may give rise to unnecessary complications that are likely to jeopardize the legitimate rights of the parties. The DCA dismissed the appeal holding that the Xs’ action lacked legal basis. 16, 2014, p.

Court 52

Court Legal Legal Cause of Action 52

SCOTUSBlog

OCTOBER 1, 2021

Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. The case will be argued on Monday, and it will be the court’s first in-person argument in a year and a half.

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Cause of Action Court Legal Legal 130

Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. The result in Mallory v.

Court 40

Court Statute Cause of Action Contract 40

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. Patent and Trademark Office ….

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Contract Litigation Litigating Cause of Action 98

SAV Paralegal Services

OCTOBER 30, 2021

There are several misconceptions that exist when it comes to the Small Claims Court. litigation, as this court is not that small how it looks. Court also has a limit on the amount of legal costs that might be awarded. Paralegals are designed to support litigants through the small claims process.

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Paralegal Paralegals Contract Litigation 52

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Tekoh presents the court with that question. Share Miranda v.

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Court Government Lawyer Lawyers 98

Paralegal Bootcamp

AUGUST 5, 2021

The statute of limitations is a time limit on a particular cause of action. The failure to commence a lawsuit within this time period will likely result in the lawsuit being dismissed by a court. If the law firm accepted the case before the statute of limitations period expired, it could result in a finding of legal malpractice.

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Personal Injury Paralegal Paralegals Law Firm 246

SCOTUSBlog

APRIL 25, 2022

Share On Wednesday, the Supreme Court considered whether a violation of Miranda v. Tekoh may create a seismic shift in American constitutional criminal procedure, as the court’s resolution of the lawsuit here could take an axe to the legal and cultural oak known as Miranda warnings. Martinez wielded the court’s pre- Dickerson v.

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Cause of Action Court Litigation Litigating 118

Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. The Liquidators in turn sought orders from the BVI court that those assets were owned by the defendant and subject to the BVI Liquidation proceedings.

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Court Cause of Action Laws Contract 65

Conflict of Laws

DECEMBER 16, 2020

1] Like in many other common law jurisdictions, Nigerian courts recognize and enforce foreign judgments only if, in the eyes of Nigerian PIL, the foreign court had jurisdiction to render the judgment in question. [2] From a comparative perspective, Canadian courts have applied the real and substantial connection test.

Laws 52

Laws Court Cause of Action Litigation 52

Patently O

MARCH 21, 2021

The pending Supreme Court case of Warsaw v. There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. One giving US district courts exclusive original jurisdiction over US patent cases and the second giving the Federal Circuit exclusive appellate jurisdiction over appeals in patent cases.

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Contract Statute Court Cause of Action 100

Day on Torts

APRIL 15, 2022

A provision of the GTLA allowing for the recovery of attorney’s fees by a governmental employee who was the prevailing party in a GTLA suit was constitutional and did not deprive plaintiff of her right to access the courts. Reid’s actions. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.

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Statute Attorney Cause of Action Court 59

Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU.

Court 52

Court Cause of Action Laws Legal 52

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Court of Restitution, which, in 1954, declared her the rightful owner of the painting. The district court rejected all of these arguments, and the U.S. 1605(a)(3) ).

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Tort Court Laws Litigation 122

Day on Torts

JANUARY 11, 2021

The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. If the GTLA removes immunity, then the common law rule of immunity under the Public Duty Doctrine provides an additional layer of defense and is the next level of inquiry for the court.

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Cause of Action Tort Court Statute 59

Patently O

OCTOBER 11, 2021

In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Abuse of Discretion : Courts and administrators are often given discretionary authority to make decisions. by Dennis Crouch.

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Statute Cause of Action Court Laws 80

The IP Law Blog

JUNE 10, 2021

New York courts have held that because the state’s law affords no common law right of publicity – the statutory grant is exclusive. Her estate claimed New York as her legal domicile at the time of her death (despite the fact that she lived in California and California recognized post mortem right of publicity at that time).

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Statute Cause of Action Sports Laws 85

LexForti

NOVEMBER 5, 2021

Concerns were brought to the Courts that such modifications or amendment of pleadings harmed the opposite party as well as slowed down the process of civil proceedings, resulting in piling up of cases. The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice.

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Diligence Cause of Action Court Litigation 52

The Fashion Law

DECEMBER 20, 2021

This year, the filing of a number of fashion and broader retail industry lawsuits and developments in previously-filed ones stood out in the crowded landscape of litigation in many cases because they indicate larger trends within the fashion space. Nike Sued MSCHF Over Modified “Satan Shoes”.

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Laws Cause of Action Litigation Litigating 97

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Smith appealed.

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Litigation Litigating Laws Tort 68

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. As I’ve noted in an earlier blog looking at preliminary issues in these cases , the Supreme Court found in AEP v. BP P.L.C. ,

Litigation 52

Litigation Litigating Tort Cause of Action 52

ClimateChange-ClimateLaw

MAY 12, 2023

Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court. As a result, 11 cases will be remanded to state court to move towards motions to dismiss, discovery, and trial. Several factors led to the Supreme Court’s decision. On April 24, the U.S.

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Court Court Decisions Government Laws 59

JonathanTurley

NOVEMBER 18, 2022

What is interesting is the latest skirmish in the litigation. The editors of the legal site Above the Law have repeatedly swatted down objections to the loss of free speech and viewpoint diversity in the media and academia. THIRD CAUSE OF ACTION Violation of Plaintiffs’ Right to be Free from Unconstitutional Conditions (42 U.S.C.

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Cause of Action Contract Law School Laws 46

LawSites

NOVEMBER 29, 2022

A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. This litigation should be a warning to all innovative legal technology providers.”. Series of Meetings.

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Drafting Law Firm Law Firms Laws 52