Patently O

JULY 5, 2023

Although it was discussed before the jury and in the litigation, no decision was made as to the infringement by ABS licensees resulting from the tech transfer. Although the case included an ongoing royalty, those cause real monitoring and enforcement problems.

Cause of Action 58

Cause of Action Litigation Litigating Technology 58

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

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.

Statute 52

Statute Litigation Litigating Cause of Action 52

LawSites

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. In addition to the names of the parties and the jurisdiction, Ai.law asks you to provide: Causes of action. (If Any issues likely to be contentious.

Drafting 127

Drafting Legal Legal Litigation 127

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

Patently O

SEPTEMBER 29, 2023

First Quality says that the accrual of a claim, the event that triggers the running of a statute of limitations, occurs when “a plaintiff knows of a cause of action,” but that is not ordinarily true. As we wrote in Petrella , “[a] claim ordinarily accrues when [a] plaintiff has a complete and present cause of action.”

Statute 123

Statute Cause of Action Court Litigation 123

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

Paralegal Bootcamp

AUGUST 5, 2021

The statute of limitations is a time limit on a particular cause of action. Thus, keeping track of the information is an integral part of litigation support that personal injury paralegals should do, and the indispensable paralegals always do. Know the Litigation Process. Know the Statute of Limitations Period.

Personal Injury 246

Personal Injury Paralegal Paralegals Law Firm 246

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

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.,

Litigation 100

Litigation Litigating Cause of Action Legal 100

JURIST

DECEMBER 6, 2021

The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. .” The core of this Complaint is similar in that it accuses Facebook of putting “market penetration” and profits before the lives of the Rohingya people.

Compensatory Damages 211

Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

InHouseBlog

SEPTEMBER 27, 2021

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. But in the practice itself, the KISS mantra (i.e., “Keep It Simple Stupid”, for the uninitiated) is often good guidance both for litigators and transactional types alike.

Lawyer 84

Lawyer Lawyers Cause of Action Litigation 84

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.

Legal 54

Legal Legal Law Firm Law Firms 54

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. However, providing greater specificity to climate claims could be a ‘ watershed ’ to some climate litigation cases.

Legal 77

Legal Legal Court Litigation 77

LegalReader

DECEMBER 17, 2020

But because personal injury law encompasses so many situations and causes of action, there is no set number. If you are considering one of these claims, you are probably wondering how much compensation you could recover.

Personal Injury 111

Personal Injury Cause of Action Personal Injury Attorney Personal Injury Lawyer 111

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

SAV Paralegal Services

AUGUST 3, 2022

As it is usually seen there are many misconceptions when it comes to the Small Claims Court litigation. Rule 12 of the Rules of the Small Claims Courts provides for an option for the Court to strike out a Plaintiff’s claim or a Defence if it discloses no reasonable cause of action.

Paralegal Services 98

Paralegal Services Paralegal Paralegals Cause of Action 98

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

The court described the case as “an unprecedented case for any court, let alone a state court trial judge,” but concluded that it was “still a tort case” and “based exclusively on state law causes of action,” primarily failures to disclose, failures to warn, and deceptive marketing. Chevron Corp.

Court 80

Court Tort Cause of Action Litigation 80

SAV Paralegal Services

OCTOBER 30, 2021

litigation, as this court is not that small how it looks. considerations together left no space for hiring lawyers and most people prefer to start litigation on their own. . The forms required are simple and there is plenty of information available on how to start the action. It has a monetary jurisdiction to consider.

Paralegal 52

Paralegal Paralegals Contract Litigation 52

LawSites

FEBRUARY 22, 2023

Score one for ‘David’ in this David vs. Goliath battle” — a reference to a guest post about the litigation published on this blog by Mark Stodder , president of Xcential.

Drafting 94

Drafting Legal Legal Contract 94

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

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.

Contract 98

Contract Litigation Litigating Cause of Action 98

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 108

Litigation Litigating Cause of Action Court 108

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”. 1] See Common Law Claims, Sabin Center Climate Change Litigation Database (accessed Feb.

Litigation 64

Litigation Litigating Laws Tort 64

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 99

Cause of Action Immigration Tort Government 99

At the Lectern

JULY 26, 2021

The court also concludes appellate costs are among those costs that a statute says can’t be assessed against a losing FEHA plaintiff unless there’s a finding that “the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.”

Statute 40

Statute Cause of Action Court Litigation 40

Conflict of Laws

JUNE 8, 2021

The 1 st defendant/appellant, inter alia, filed a preliminary objection to the suit and argued that the High Court of the Federal Capital Territory did not possess territorial jurisdiction because the cause of action arose in Edo State where he was alleged to have been suspended as the National Chairman.

Cause of Action 52

Cause of Action Court Laws Litigation 52

SCOTUSBlog

APRIL 2, 2022

In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. However, the U.S.

Government 91

Government Statute Cause of Action Litigation 91

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 73

Statute Cause of Action Government Court 73

JayS.Rothman&Associates

MAY 17, 2023

This means that employees cannot suffer adverse actions simply because someone they associate with engaged in legally-protected activity, such as blowing the whistle. Employees who do suffer such actions may have a legal cause of action. What laws protect employees against associational discrimination? 12112(b)(4).

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

SCOTUSBlog

APRIL 20, 2023

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. The question before the Supreme Court is when the clock on that two-year statute of limitations began to run.

Court 90

Court Statute Cause of Action Government 90

Conflict of Laws

MAY 31, 2021

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State.

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. 2] For step (a), the previous Order 11 gateways have been transcribed as a non-exhaustive list of factors. [3]

Court 65

Court Cause of Action Laws Contract 65

SCOTUSBlog

MARCH 17, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, at what stage of litigation the ministerial exception should come into play. Gregory Tucker was a science teacher at Faith Christian Academy, a religious school operated by the nondenominational Faith Bible Chapel in Arvada, Colorado.

Cause of Action 109

Cause of Action Court Litigation Litigating 109

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

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

Patently O

MARCH 25, 2021

2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. 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