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. DTSA added to the large and growing federal caseloads.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

ClimateChange-ClimateLaw

MARCH 21, 2022

The decision has significant implications for future climate litigation claims in Australia. Prior to this decision, the Sabin Center’s Network of Peer Review Scholars on Climate Litigation held a webinar on the Sharma case. Sharma and Others and its impact for climate litigation in Australia. Background on the claim.

Litigation 40

Litigation Litigating Court Personal Injury 40

SCOTUSBlog

MARCH 1, 2022

Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada The judicially created Bivens cause of action functions as the counterpart to 42 U.S.C. The federal government’s arguments.

Cause of Action 95

Cause of Action Immigration Tort Government 95

ClimateChange-ClimateLaw

DECEMBER 2, 2022

and global climate litigation movement. Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. climate litigation brought by cities and other subnational jurisdictions is still rare.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

Conflict of Laws

FEBRUARY 5, 2021

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.

Cause of Action 98

Cause of Action Laws Court Litigation 98

SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States. Why, you might ask, should this matter?

Statute 71

Statute Cause of Action Government Court 71

LawSites

FEBRUARY 22, 2023

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government.

Drafting 87

Drafting Legal Legal Contract 87

JonathanTurley

OCTOBER 30, 2023

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. When police arrested Cochenour, they found blood on is clothing. __ In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes. Her body exhibited “defensive wounds.”

Tort 44

Tort Litigation Litigating Manufacturing 44

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 86

Court Statute Cause of Action Contract 86

SCOTUSBlog

AUGUST 19, 2022

Under the Fifth Amendment, “private property” cannot be “taken for public use” by the government “without just compensation.” Four years later, however, with the companies on their feet, the government changed its mind. They filed a series of lawsuits against the government. The court in Collins v. Coinbase, Inc.

Court 127

Court Government Cause of Action Finance 127

SCOTUSBlog

AUGUST 8, 2023

District Judge Reed O’Connor was “irreparably harming the public and the government by reopening the floodgates to the tide of untraceable ghost guns flowing into our Nation’s communities.” Urging the justices to intervene, U.S. Solicitor General Elizabeth Prelogar had told the justices that the order by U.S.

Court 98

Court Manufacturing Cause of Action Government 98

ClimateChange-ClimateLaw

DECEMBER 21, 2021

Yet it significantly advances climate litigation in Brazil, with important consequences for future cases. This is the first time that a court has drawn the differences between environmental and climate litigation. The decision may have gone unnoticed. Background. Brazil and Federal Prosecutor Office v. Significance of the decision.

Legal 78

Legal Legal Court Litigation 78

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 jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

SCOTUSBlog

JANUARY 16, 2024

But the NMFS’s interpretation of the law as obligating the industry, rather than the government, to bear the costs is a reasonable interpretation under the second step of Chevron , the court of appeals ruled. Solicitor General Paul Clement, as well as lawyers from the New Jersey public-interest firm Cause of Action.

Stare Decisis 145

Stare Decisis Court Statute Government 145

Patently O

MARCH 18, 2024

(a) Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues. Advanced Cardiovascular Sys. 286, is specifically limited to remedies for infringement.

Statute 58

Statute Cause of Action Court Rules Court 58

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. emphasis added).

Contract 98

Contract Litigation Litigating Cause of Action 98

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society. In the case of A.B.C.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late. Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief.

Court 86

Court Statute Cause of Action Government 86

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Local and state government plaintiffs want the cases to remain in state court, where they can argue that climate nuisance claims are similar to past common law efforts to hold companies accountable for misleading the public about their products’ harms, like those against tobacco companies. Chevron Corp.

Court 81

Court Tort Cause of Action Litigation 81

SCOTUSBlog

MAY 15, 2023

But that is not the question the justices agreed to review – the lower courts assumed that the board had sovereign immunity and so did not address the question at all – and Justice Elena Kagan’s opinion for a majority of eight declines to decide that question at this late stage of the litigation.

Statute 54

Statute Finance Government Cause of Action 54

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

Statute 98

Statute Court Contract Tort 98

SCOTUSBlog

JUNE 8, 2022

These include drug seizures at the inn, Boule’s role as a paid government informant, and his Canadian conviction for human trafficking. But Bivens “is concerned solely with deterring the unconstitutional acts of government officers” with the goal of preventing constitutional violations. Gorsuch’s concurrence.

Court 110

Court Cause of Action Government Litigation 110

JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

Tort 35

Tort Litigation Litigating Manufacturing 35

SCOTUSBlog

DECEMBER 2, 2023

Bankruptcy Judge Robert Drain called the settlement a “bitter result” but noted the costs and risks of continuing to litigate rather than settle the disputes. Trustee, and the federal government have a right to challenge the confirmation of the plan at all. There are two main questions before the Supreme Court. In any event, the U.S.

Court 139

Court Tort Litigation Litigating 139

Patently O

MAY 17, 2021

1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. Townes, Repeated and Specific Litigation Threats – Sufficient Minimum Contacts, Knobbe Martens Blog (2021). [3] 2001) (same); Akro Corp.

Litigation 109

Litigation Litigating Cause of Action Court 109

JonathanTurley

OCTOBER 31, 2021

In 2015, the federal and state governments are cracking down on cosmetic contact lenses to give people spooky eyes. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 36

Tort Litigation Litigating Manufacturing 36

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. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. That question turned on whether California law or Spanish law governed. The full painting.

Tort 124

Tort Court Laws Litigation 124

SCOTUSBlog

APRIL 19, 2022

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 moved to suppress the government’s use of his un- Mirandized statement. A second trial occurred where the government, again, introduced Tekoh’s statement.

Court 100

Court Government Lawyer Lawyers 100

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The Ninth Circuit also found that modification of the injunction due to EPA’s rulemaking action did not threaten separation of powers.

Cause of Action 96

Cause of Action Court Government Litigation 96

SCOTUSBlog

JULY 1, 2021

solicitor general on cases the federal government isn’t involved in, the government not infrequently delivers its invited amicus briefs just in time for the court’s last scheduled conference. So it is no surprise to see that three of the new relists involve invited government briefs on a range of subjects. In United States v.

Compensatory Damages 83

Compensatory Damages Government Court Cause of Action 83

SCOTUSBlog

APRIL 25, 2022

Calling the 9th Circuit’s decision an extension of Miranda into Section 1983 litigation, Martinez characterized the court’s landmark decision as a judicially crafted prophylactic Fifth Amendment “protective fence” that does not create a Section 1983 cause of action for money damages.

Cause of Action 123

Cause of Action Court Litigation Litigating 123

JonathanTurley

NOVEMBER 29, 2020

Here are the counts: FIRST CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (OCTOBER 21, 2016 FISA WARRANT – ORIGINAL) (Against All Individual Defendants). SECOND CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (JANUARY 12th, 2017 FISA WARRANT – FIRST RENEWAL) (Against All Individual Defendants).

Cause of Action 41

Cause of Action Tort Attorney Depositions 41

Conflict of Laws

APRIL 25, 2024

4] As Three Arrows illustrates though, old habits die hard and the limits of the ‘non-exhaustive’ nature of the jurisdictional gateways remains to be tested by litigants. 2] For step (a), the previous Order 11 gateways have been transcribed as a non-exhaustive list of factors. [3]

Court 68

Court Cause of Action Laws Contract 68

SCOTUSBlog

MARCH 28, 2023

The court emphasized both the prerogative of the United States to govern the worldwide conduct of its citizens and the language in the Lanham Act stating that it is intended to reach all commerce that Congress can regulate. Therefore, the government urged the court not to overturn Steele. In 1952, the court held in Steele v.

Statute 85

Statute Court Cause of Action Government 85

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

Litigation 52

Litigation Litigating Tort Cause of Action 52

Day on Torts

APRIL 15, 2022

The access claim does not assert ‘a litigating opportunity yet to be gained or an opportunity already lost,’ nor is there an underlying cause of action the vindication of which is prevented by the denial of access to the courts.

Statute 59

Statute Attorney Cause of Action Court 59

Day on Torts

JANUARY 11, 2021

Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. internal citation omitted). Plaintiff alleged that both the first and third special relationship exceptions to the Public Duty Doctrine applied.

Cause of Action 59

Cause of Action Tort Court Statute 59