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.

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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.

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SCOTUSBlog

APRIL 20, 2023

Both Reed and Texas agree, Kavanaugh observed, that the statute of limitations for his claim is two years. The question before the Supreme Court is when the clock on that two-year statute of limitations began to run. He conceded that there is “room for debate about exactly when Reed’s DNA testing claim accrued.”

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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.

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Personal Injury Tort Cause of Action Litigation 59

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

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Statute Court Contract Tort 99

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. §

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Statute Attorney Cause of Action Court 59

The IP Law Blog

JUNE 10, 2021

New York’s post mortem right-of-publicity statute recently came into effect. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem. News, public affairs, and sports programs are also exempt from the statute. written consent” can sue for an injunction and damages.

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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.

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S. Disclosure : Goldstein & Russell, P.C.,

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Government Statute Cause of Action Litigation 91

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.

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Cause of Action Laws Court Litigation 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

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction.

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Court Statute Cause of Action Contract 40

JayS.Rothman&Associates

MAY 17, 2023

The court found that this fell within Title VII’s bar on discrimination, holding: “The reason is simple: where an employee is subjected to adverse action because an employer disapproves of interracial association, the employee suffers discrimination because of the employee’s own race.” 12112(b)(4). because he has made a charge.”

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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.

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Contract Statute Court Cause of Action 99

Patently O

OCTOBER 11, 2021

706 authorizing actions to compel agency to stop any behavior that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Constitution to require that the plaintiff identify some concrete harm caused by the defendant’s action (or inaction). That case is now on appeal.

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Statute Cause of Action Court Laws 78

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. This is a discussion for another day. [1]

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Contract Cause of Action Court Laws 98

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. ” Quoting Reiter (1979). The “or” has meaning.

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Court Cause of Action Manufacturing Litigation 62

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]

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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.

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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 85

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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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. In support of this argument, the museum points to both the text of the statute and the circumstances of its enactment: Congress removed foreign states from ordinary diversity jurisdiction under 28 U.S.C.

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Tort Court Laws Litigation 126

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.

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SCOTUSBlog

DECEMBER 7, 2021

The issue before the Supreme Court is whether the complaint makes out a cause of action under Employee Retirement Income Security Act, which obligates the fiduciaries of such plans to comply with a duty of prudence drawn directly from the common law of fiduciary duty. You have to prove it, but [the allegations are] plausible.”.

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Litigation Litigating Cause of Action Court 84

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.

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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.

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Statute Court Cause of Action Government 89

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. This opinion was released 8.5

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Tort Cause of Action Court Statute 59

SCOTUSBlog

APRIL 19, 2022

And Section 1983 provides a cause of action against state officials who deprive any rights, privileges, or immunities secured by the Constitution and laws. Dickerson put the kibosh on an unconstitutional federal statute that, effectively, sought to overrule Miranda. 4) Proximate cause says what? 3) Goodbye, Miranda ?

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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

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.

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Personal Injury Statute Cause of Action Court 62

LexForti

NOVEMBER 5, 2021

This study aims to explore these changes and assess the scope and judicial interpretation of amendment of pleadings in Civil procedure with a doctrinal legal research method by using primary sources like cases, statutes, legal commentary and reports. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction. Manohar Singh.

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Conflict of Laws

JANUARY 10, 2022

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. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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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). I expect that the Amendment Rules will be welcomed by litigators who frequent the Federal Court of Australia.

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At the Lectern

JULY 28, 2022

The opinion acknowledged, “under our interpretation of the relevant statutes a provider has greater remedies against a private health care service plan than it does against a public entity health care service plan.” ” Horvitz & Levy filed the successful petition for review. Inevitable discovery.

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. If they are found 51 percent at fault, they are barred entirely from recovery.

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JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. If they are found 51 percent at fault, they are barred entirely from recovery.

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Tort Litigation Litigating Manufacturing 36

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