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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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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Court Statute Cause of Action Contract 88

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.

Manufacturing 98

Manufacturing Court Statute Cause of Action 98

Patently O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. ” Dawgs appealed.

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Statute Cause of Action Sports Court 113

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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Court Cause of Action Statute Court Rules 118

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. Arguments of HHC.

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Stare Decisis Statute Court Contract 88

SCOTUSBlog

APRIL 13, 2023

In response to the catastrophic stock-market declines that set off the Great Depression, Congress enacted, along with a variety of other statutes, the Securities Act of 1933. The question, then, is whether Pirani has standing – that is, a legal right – to file suit under Sections 11 and 12 of the Securities Act.

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Cause of Action Statute Technology Court 90

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.

Court 52

Court Cause of Action Government Court Rules 52

Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v. Booth , 344 S.W.3d

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Cause of Action Statute Tort Court 64

Conflict of Laws

JUNE 28, 2023

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. courts over disputes that arise in other countries. Washington (1945).

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Court Statute Cause of Action Contract 40

The IP Law Blog

JUNE 10, 2021

New York’s post mortem right-of-publicity statute recently came into effect. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem.

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Statute Cause of Action Sports Laws 85

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. In Holcomb v.

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

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

Paralegal Bootcamp

AUGUST 5, 2021

Know the Statute of Limitations Period. 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. initial intake).

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Personal Injury Paralegal Paralegals Law Firm 246

LettersBlogatory

AUGUST 23, 2021

On the other hand, it is very hard to see why, more than 75 years after the crimes of the Nazis and their French collaborators in France, a foreign national (or more precisely, his or her descendants) should have a legal remedy in a US court, for all sorts of reasons. As with the Germany v.

Cause of Action 52

Cause of Action Statute Tort Court 52

Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

Court 52

Court Cause of Action Tort Punitive Damages 52

Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn.

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Divorce Cause of Action Statute Diligence 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. ” 5 U.S.C.

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Statute Cause of Action Court Laws 78

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. 1338(a) provides Federal district courts with “original jurisdiction of any civil action arising under any Act of Congress relating to patents.” ” Id.

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Contract Statute Court Cause of Action 99

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 67

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 102

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 127

Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. by Dennis Crouch Lindke v. Freed, 601 U.S. 2024) 22-611_ap6c. ” 42 U.S.C. ” 42 U.S.C. Edmondson Oil Co.,

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Government Court Statute Cause of Action 62

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. Hawkins County, TN , No.

Tort 59

Tort Cause of Action Statute Court 59

Diane Drain

JULY 16, 2021

Arizona Residential Eviction Actions Procedures – effective July 15, 2021. IT IS FURTHER ORDERED beginning on the effective date of this Order, all other eviction cases shall be processed solely under Arizona statutes and rules, except as provided herein. PLEADINGS. CALENDARING FOR ALL CASES. – 10:00 A.M.

Calendaring 104

Calendaring Statute Court Cause of Action 104

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. . By Korey Silverman-Roati and Maria Antonia Tigre.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

The IP Law Blog

AUGUST 17, 2023

Hunley initially brought a class action suit against Instagram alleging that Instagram’s embedding tool violated her exclusive display rights under the Copyright Act by allowing outside companies, such as BuzzFeed and Time in this case, to openly use and display their copyrighted photos on their own third-party websites via embedding.

Court 98

Court Cause of Action Legal Legal 98

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

SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. The district court rejected all of these arguments, and the U.S. Court of Appeals for the 9th Circuit affirmed.

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Tort Court Laws Litigation 127

Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. 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.

Court 76

Court Contract Statute Laws 76

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

ClimateChange-ClimateLaw

MAY 23, 2018

Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. One set of California cases – filed by San Mateo County, Marin County and Imperial City – was removed by defendants to federal court, then remanded to state court, based on Judge Vince C. BP P.L.C. ,

Litigation 52

Litigation Litigating Tort Cause of Action 52

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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Cause of Action Court Tort Civil Law 40

SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. Garland and Garland v. Under 8 U.S.C.

Government 87

Government Statute Court Cause of Action 87

LexForti

APRIL 30, 2021

Also, the argument that the NCLAT is an appellate tribunal which is common to three statutes, under one of which, viz., Merely because appeals under different statutes are sent to one appellate tribunal would make no difference to the position in law. UOI [4], the Apex Court emphasized and reiterated its annotation in B.K.

Cause of Action 52

Cause of Action Court Statute Education 52

Conflict of Laws

NOVEMBER 22, 2023

courts cannot exercise personal jurisdiction and thus cannot apply U.S. Congress clearly intended its cause of action for trafficking in confiscated property to discourage non-U.S. Congress clearly intended its cause of action for trafficking in confiscated property to discourage non-U.S. This is true. Second, U.S.

Statute 57

Statute Criminal Law Laws Court 57

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Court Government Litigation Litigating 55