JURIST

DECEMBER 6, 2021

.” The suit was filed by Chicago-based Edelson PC and seeks to apply Myanmar law to the plaintiffs’ claim in an attempt to circumvent § 230 of the Communications Decency Act —a US law that protects tech companies from content posted by users. ” Plaintiffs demand a jury trial.

Compensatory Damages 211

Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. Decedent himself ultimately accepted a settlement in lieu of further litigation.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

SCOTUSBlog

NOVEMBER 22, 2021

During oral argument , some of the justices expressed discomfort with the potential breadth of the equitable apportionment doctrine if they applied it to groundwater, envisioning a proverbial flood of interstate original-jurisdiction litigation about aquifers.

Court 138

Court Cause of Action Litigation Litigating 138

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

Statute 52

Statute Litigation Litigating Cause of Action 52

LawSites

MARCH 26, 2024

The plaintiff, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. I emailed Dwayne Hermes asking if he wished to respond but I have not heard back from him.

Legal 54

Legal Legal Law Firm Law Firms 54

Paralegal Bootcamp

AUGUST 5, 2021

The backbone of all good personal injury law firms is its paralegals. Paralegals are essential to a personal injury law firm, whether for a solo practitioner or a large firm with many lawyers. A valuable personal injury paralegal is a paralegal who knows not only the law but also the medicine. Understand Medical Terminology.

Personal Injury 246

Personal Injury Paralegal Paralegals Law Firm 246

Patently O

FEBRUARY 17, 2023

The following guest post comes from Berkeley Law Professor Peter S. 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. The following is an introduction and request for comments. – D.C.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim.

Litigation 40

Litigation Litigating Court Personal Injury 40

ClimateChange-ClimateLaw

MAY 9, 2024

Still, there is much more to discuss regarding its broader implications for climate litigation. This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. Gender remains an overlooked issue in climate litigation.

Litigation 106

Litigation Litigating Court Legal 106

InHouseBlog

SEPTEMBER 27, 2021

Many lawyers come out of law school not knowing the practice of law but only the theory, and that theoretical underpinning can wreak havoc for some. Even looking at uneven pavement or a pothole gets some lawyers thinking of the potentially liable parties and the causes of action that could be asserted.

Lawyer 84

Lawyer Lawyers Cause of Action Litigation 84

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. Six Unknown Named Agents. Canada border.

Cause of Action 100

Cause of Action Immigration Tort Government 100

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws.

Contract 98

Contract Cause of Action Court Laws 98

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

Court 81

Court Tort Cause of Action Litigation 81

Conflict of Laws

JUNE 8, 2021

In Nigeria jurisdiction in matters of conflict of laws (called “territorial jurisdiction” by many Nigerian judges) also applies to matters of disputes between members of a political party in the inter-state context. [1]. The cause of action arose within the Federal Capital Territory or. In Oshiomhole v Salihu (No.

Cause of Action 52

Cause of Action Court Laws 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. According to the declaratory judgment action that it filed with the U.S.

Laws 97

Laws Cause of Action Litigation Litigating 97

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

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

Conflict of Laws

DECEMBER 16, 2020

This is the third online symposium on Private International Law in Nigeria initially announced on this blog. The Nigerian private international law (hereinafter PIL) regime is significantly influenced by the common law. Written by Richard Mike Mlambe, Attorney and Lecturer at University of Malawi- The Polytechnic.

Laws 52

Laws Court Cause of Action Litigation 52

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., At COP25, the U.S.

Litigation 101

Litigation Litigating Cause of Action Legal 101

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. 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.

Court 68

Court Cause of Action Laws Contract 68

JayS.Rothman&Associates

MAY 17, 2023

These protections help safeguard employees against discrimination or retaliation which the law may not otherwise prohibit. What laws protect employees against associational discrimination? Protected Class Associational discrimination cases can be brought under various laws. 12112(b)(4).

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

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

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.

Drafting 85

Drafting Legal Legal Contract 85

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.”

Cause of Action 52

Cause of Action Court Entertainment Laws 52

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. We will not be intimidated into surrendering our know-how and intellectual property to a giant law firm like Akin Gump.

Drafting 52

Drafting Law Firm Law Firms Laws 52

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

Government 92

Government Statute Cause of Action Litigation 92

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. IBAMA addresses matters related to environmental law, rather than Brazilian climate legislation. Background.

Legal 78

Legal Legal Court Litigation 78

Conflict of Laws

AUGUST 22, 2023

Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Case analyses have been aggregated under the country tags since 2022, so it is now easier to track down relevant cases, together with their information and analyses, in each country/region report. *We

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

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.

Litigation 68

Litigation Litigating Laws Tort 68

Conflict of Laws

OCTOBER 29, 2021

Brownlie concerned a car accident during a family holiday to Egypt, which tragically claimed the lives of Sir Ian Brownlie (Chichele Professor of Public International Law at the University of Oxford) and his daughter Rebecca: at [1], [10] & [91]. PD 6B, para. Three main reasons were given.

Tort 52

Tort Cause of Action Court Litigation 52

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

Cause of Action 52

Cause of Action Court Tort Immigration 52

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.

Statute 99

Statute Court Contract Tort 99

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. Personal Jurisdiction as Patent Law Specific but Not Patent Law Specific. 2001) (same); Akro Corp. Luker , 45 F.3d 3d 1541, 1546 (Fed.

Litigation 108

Litigation Litigating Cause of Action Court 108

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 91

Court Statute Cause of Action Government 91

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. He sued both Spain and the museum, alleging California common law claims including conversion and unlawful possession of personal property, and sought both damages and the return of the painting.

Tort 127

Tort Court Laws Litigation 127

Conflict of Laws

AUGUST 24, 2022

Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. EB-5 Visa fraud judgments, but rejected the punitive damages awarded therein, echoing the same rule laid down in the 2021 Conference Summary.

Compensatory Damages 52

Compensatory Damages Punitive Damages Cause of Action Divorce 52

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

Court 52

Court Tort Cause of Action Litigation 52