Patently O

APRIL 17, 2024

” crocs opening brief crocs amicus INTA crocs response crocs reply The Lanham Act allows for a civil action for false advertising. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § 1125(a)(1)(B) (Section 43 of the Lanham Act). .” See Zenith Elecs. Exzec, Inc. ,

Statute 113

Statute Cause of Action Sports Court 113

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. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

Statute 73

Statute Cause of Action Government Court 73

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Kavanaugh wrote a short concurrence, joined by Gorsuch, focused on the risks of judicial extension of remedies for implied causes of action.

Court Rules 98

Court Rules Court Contract Statute 98

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. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

Statute 99

Statute Court Contract Tort 99

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 88

Court Statute Cause of Action Contract 88

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. Both Reed and Texas agree, Kavanaugh observed, that the statute of limitations for his claim is two years. By a vote of 6-3, the justices reversed a ruling by the U.S.

Court 90

Court Statute Cause of Action Government 90

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.

Cause of Action 64

Cause of Action Statute Tort Court 64

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. Code, § 810 et seq.)

Government 49

Government Court Contract Cause of Action 49

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

SCOTUSBlog

MAY 15, 2023

The majority found that Congress had not written anything into the board’s founding statute that “deprived the board of sovereign immunity.” Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward.

Statute 55

Statute Finance Government Cause of Action 55

Constitutional Law Reporter

FEBRUARY 8, 2024

Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. Moab Partners, L.P. :

Statute 52

Statute Cause of Action Entertainment Court 52

LettersBlogatory

AUGUST 23, 2021

” France has an administrative claims process for victims of the Nazis and the Vichy government. It creates an exception to foreign sovereign immunity but does not itself create a cause of action. 1605A, does not just create an exception to immunity but also creates a federal cause of action).

Cause of Action 52

Cause of Action Statute Tort Court 52

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

Day on Torts

APRIL 15, 2022

Plaintiff argued that the statute did not apply to Ms. Reid and that the statute was unconstitutional, but the trial court ultimately granted the motion for attorney’s fees. Plaintiff argued that the statute was not applicable here, as Ms. Next, plaintiff attacked the constitutionality of the statute. Code Ann. §

Statute 59

Statute Attorney Cause of Action Court 59

Constitutional Law Reporter

APRIL 10, 2024

The justices unanimously held that speech by a government official about job-related topics on social media is attributable to the state only if the official had actual power to speak on the state’s behalf and purported to exercise that authority when he spoke on social media. . _ (2024), the U.S.

Court 52

Court Cause of Action Government Court Rules 52

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury). They alleged negligence, breach of s 6 of the CGA and breaches of the FTA.

Manufacturing 65

Manufacturing Court Statute Laws 65

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 59

Day on Torts

AUGUST 2, 2021

At that time, Officer Godsey and a 911 operator “casually discussed the situation…[and] no action was taken then to shut down the highway or undertake any other preventative measures.” One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.”

Tort 59

Tort Cause of Action Statute Court 59

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. 1229(a) , the government must provide a “notice to appear” in all removal proceedings. Under 8 U.S.C. Tori Madden) The question before the justices on Jan. Yonas Fikre, a U.S.

Government 86

Government Statute Court Cause of Action 86

ClimateChange-ClimateLaw

DECEMBER 2, 2022

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. Many of those cases include similar arguments that the companies knowingly marketed harmful products and misled the public about those harms.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. Thyssen-Bornemisza National Museum).

Tort 127

Tort Court Laws Litigation 127

Constitutional Law Reporter

AUGUST 28, 2023

Mallory also cited that Pennsylvania requires out-of-state companies that register to do business in the Commonwealth to agree to appear in its courts on “any cause of action” against them. The Supreme Court went on to find that its decision in Pennsylvania Fire Insurance governed the case.

Court 52

Court Laws Cause of Action Constitutional Law 52

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.

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Court Government Lawyer Lawyers 102

SCOTUSBlog

NOVEMBER 27, 2023

The government’s view in this case is that the Constitution affords Congress a broad authority to create new obligations by statute, and that because those statutory obligations were unknown to the common law, they are public rights that Congress can assign to an administrative tribunal without a jury.

Cause of Action 144

Cause of Action Court Administrative Law Statute 144

Conflict of Laws

APRIL 25, 2024

The wide-reaching effect of a previous Court of Appeal decision on the interpretation of gateway (n) which covers a claim brought under statutes dealing with serious crimes such as corruption and dug trafficking and ‘any other written law’ is also yet to be grasped by litigants. [5]

Court 65

Court Cause of Action Laws Contract 65

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 104

Calendaring Statute Court Cause of Action 104

SCOTUSBlog

MARCH 28, 2023

is whether and to what extent the federal trademark statute, known as the Lanham Act, applies to infringing conduct that takes place outside the United States. Last week’s argument mainly revolved around how to apply this modern test to the trademark statute, enacted in 1946, and what precedential weight, if any, to attach to Steele.

Statute 89

Statute Court Cause of Action Government 89

Day on Torts

JANUARY 11, 2021

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

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. Thomas asked, “what does that mean?

Cause of Action 126

Cause of Action Court Litigation Litigating 126

Day on Torts

MAY 3, 2022

A special duty of care can arise in three ways, one of which is when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct,” and plaintiff argued that the sheriff’s deputy here engaged in reckless misconduct such that the public duty doctrine did not apply.

Tort 59

Tort Cause of Action Court Statute 59

Patently O

MARCH 18, 2024

. = = = One interesting aspect of this decision relates to absence of a statute of limitations. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. The plaintiffs filed their lawsuit in 2019.

Statute 57

Statute Cause of Action Court Rules Court 57

ClimateChange-ClimateLaw

MAY 23, 2018

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. At the moment, it’s pretty messy out there.

Litigation 52

Litigation Litigating Tort Cause of Action 52

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. § America Online, Inc., 3d 327, 330-31 (4th Cir.

Tort 33

Tort Court Compensatory Damages Punitive Damages 33

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. The finding in V Hotels Ltd., Tulip Star Hotels Ltd. & Anr. [13]

Cause of Action 52

Cause of Action Court Statute Education 52

Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Thus, jurisdiction can be invoked either by residence [6] or simply by presence within jurisdiction. [7] ” [11]. .

Court 76

Court Contract Statute Laws 76

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. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Conflict of Laws

NOVEMBER 22, 2023

Jurisdiction to prescribe (the authority to make law) and jurisdiction to adjudicate (the authority to apply law) are very different things and are governed by different rules of domestic and international law. Congress clearly intended its cause of action for trafficking in confiscated property to discourage non-U.S.

Statute 57

Statute Criminal Law Laws Court 57