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.

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Statute Court Contract Tort 99

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 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

The IP Law Blog

JUNE 10, 2021

New York’s post mortem right-of-publicity statute recently came into effect. Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without.

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Statute Cause of Action Sports Laws 85

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 91

Government Statute Cause of Action Litigation 91

Day on Torts

APRIL 15, 2022

After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. Plaintiff argued that the statute did not apply to Ms. Reid and CRMC. Code Ann. §

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Statute Attorney Cause of Action Court 59

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).

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Prima Facie Case Cause of Action Legal Legal 98

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.

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Litigation Litigating Cause of Action Punitive Damages 98

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

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.

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Court Cause of Action Laws Contract 65

Conflict of Laws

JUNE 28, 2023

This post is by Maggie Gardner, a professor of law at Cornell Law School. It is cross-posted at Transnational Litigation Blog. But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. Gold Issue Mining & Milling Co.

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Court Statute Cause of Action Contract 40

Patently O

OCTOBER 11, 2021

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. That case is now on appeal.

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Statute Cause of Action Court Laws 78

Patently O

MARCH 21, 2021

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.” by Dennis Crouch. ” Id. ” 28 U.S.C. See, for example, Gunn v.

Contract 99

Contract Statute Court Cause of Action 99

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.

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Tort Court Laws Litigation 127

SCOTUSBlog

APRIL 9, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. One petition involves the Americans with Disabilities Act. Another involves the interaction of the Affordable Care Act and the Rehabilitation Act.

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Statute Cause of Action Court Finance 86

Patently O

MARCH 25, 2021

Constitution serves as the foundational basis for the large number of precedential cases, the text is quite short: “nor shall any State deprive any person of life, liberty, or property, without due process of law.” The decision suggested to many that defendant’s connections should have a causal-link with the cause of action.

Court 62

Court Cause of Action Manufacturing Litigation 62

Day on Torts

JANUARY 11, 2021

Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied. internal citation omitted). There is, however, an exception to the immunity provided by the Public Duty Doctrine.

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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?

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Cause of Action Court Litigation Litigating 126

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. By Michael Burger. BP P.L.C. , BP P.L.C. , BP P.L.C. ,

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Litigation Litigating Tort Cause of Action 52

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. internal citation omitted).

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Tort Cause of Action Court Statute 59

Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech.

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Tort Litigation Litigating Finance 75

SCOTUSBlog

APRIL 19, 2022

Even if they cannot recite the lyrics to the national anthem or the Pledge of Allegiance, they likely can recite Miranda ’s warnings: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to a lawyer; If you cannot afford a lawyer, one will be appointed for you.

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Court Government Lawyer Lawyers 102

SCOTUSBlog

DECEMBER 7, 2021

Northwestern University displayed a case that presents a prosaic question of trust law – the fiduciary obligation of the sponsors that control the defined-contribution plans on which so many of us depend for our retirement. Share Monday’s argument in Hughes v. You have to prove it, but [the allegations are] plausible.”.

Litigation 84

Litigation Litigating Cause of Action Court 84

Conflict of Laws

JANUARY 15, 2023

For example, service may be permitted for a proceeding based on a cause of action arising in Australia (item 1), or where the defendant has submitted to the jurisdiction (item 19). iii) the law applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or. (iv)

Court 40

Court Prima Facie Case Statute Laws 40

LexForti

NOVEMBER 5, 2021

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908. In most cases, a country’s judicial system is designed to uphold the rule of law. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

Diligence 52

Diligence Cause of Action Court Litigation 52

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. Since Steele was decided, the court has refined the presumption that Congress generally does not intend to apply a federal law outside the United States.

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Statute Court Cause of Action Government 89

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.

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Statute Cause of Action Court Rules Court 57

At the Lectern

JULY 28, 2022

” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. ” The plastic surgeons have argued “the parties merely agreed that Boston courts are an alternative forum for litigation.”

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Government Court Contract Cause of Action 49

The IP Law Blog

JANUARY 11, 2024

2255, which allows victims of child pornography to bring a civil cause of action. The defendants moved to dismiss Mr. Elden’s complaint, arguing that it was barred by the applicable 10-year statute of limitations for such claims. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.

Personal Injury 62

Personal Injury Statute Cause of Action Court 62

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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Tort Litigation Litigating Manufacturing 36

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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Tort Litigation Litigating Manufacturing 37

Conflict of Laws

NOVEMBER 22, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. extraterritorial jurisdiction has caused “severe harm … to the international political and economic order and the international rule of law.” law rather than expand it. Written by Bill Dodge , the John D.

Statute 57

Statute Criminal Law Laws Court 57

The Fashion Law

NOVEMBER 23, 2021

In the answer that it filed on November 13, Condé Nast argues – by way of seventeen affirmative defenses – that the model plaintiffs’ remaining causes of action against it should be dismissed.

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Statute Punitive Damages Cause of Action Laws 131

LexForti

APRIL 30, 2021

Now, adverting to the Report of the Insolvency Law Committee of March 2018 which sets forth the reason for the introduction of Section 238A into the Code, it is imperative to quote the observation of the learned division bench in B.K. the Competition Act, no period of limitation has been prescribed, would not lead to any anomalous situation.

Cause of Action 52

Cause of Action Court Statute Education 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 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

ClimateChange-ClimateLaw

DECEMBER 11, 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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigation Litigating 54

Strictly Business

OCTOBER 30, 2017

It’s hard to imagine a startup that does not collect some form of sensitive information in digital form, and the collection, use, and disclosure of such information is regulated under federal, state, and even international laws. Federal Laws Governing Data Privacy. If you take an adverse action (e.g.

Laws 52

Laws Government Litigation Litigating 52