Constitutional Law Reporter

SEPTEMBER 10, 2021

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

Tort 59

Tort Statute Court Cause of Action 59

JURIST

JANUARY 4, 2023

US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. Chen also ruled that the Communications Decency Act (CDA) gave Twitter immunity from Al-Ahmed’s federal claims.

Cause of Action 104

Cause of Action Statute Court Laws 104

Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. ” This argument misunderstands the way in which statutes of limitations generally work.

Statute 124

Statute Cause of Action Court Litigation 124

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

Statute 59

Statute Construction Cause of Action Misdemeanor 59

Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 59

JURIST

FEBRUARY 9, 2024

Kirtz relied on the FCRA for his cause of action, which requires an investigation after receiving notice of a dispute over the completeness or accuracy of any information provided to a consumer reporting agency. Kirtz notified his credit reporting agency, Trans Union, of the incorrect reporting of his loan.

Court Rules 245

Court Rules Government Court Small Business 245

Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.

Statute 64

Statute Cause of Action Diligence Court 64

At the Lectern

JULY 26, 2021

Tri-Modal Distribution Services , the Supreme Court today interprets the statute of limitations for employment harassment cases to give certain plaintiffs more leeway to bring their lawsuits, and it protects many unsuccessful plaintiffs from paying defendants’ appellate costs.

Statute 40

Statute Cause of Action Court Litigation 40

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 110

Statute Cause of Action Sports Court 110

SCOTUSBlog

NOVEMBER 3, 2023

From the government’s perspective, it is not nearly enough for the plain meaning of the statute to abrogate the government’s sovereign immunity. Rather, on the government’s view, a federal statute abrogates the government’s immunity only if the “overwhelming implications” of the statute demonstrate such a waiver.

Statute 105

Statute Government Cause of Action Drafting 105

Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it. government.

Court Rules 52

Court Rules Court Cause of Action Statute 52

Mondaq

DECEMBER 28, 2021

On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for.

Cause of Action 40

Cause of Action Statute Court 40

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 75

Statute Cause of Action Government Court 75

SCOTUSBlog

APRIL 13, 2023

In response to the catastrophic stock-market declines that set off the Great Depression, Congress enacted, along with a variety of other statutes, the Securities Act of 1933. The lower court said yes, holding that the statute applies whether the specific shares in question were registered or not.

Cause of Action 92

Cause of Action Statute Technology Court 92

SCOTUSBlog

APRIL 28, 2022

The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. Check back soon for in-depth analysis of the opinion.

Court Rules 98

Court Rules Court Contract Statute 98

LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S.

Legal Research 70

Legal Research Legal Legal eDiscovery 70

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 90

Court Statute Cause of Action Contract 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

JURIST

DECEMBER 22, 2022

Those recommendations include: Urging the Senate to pass the Presidential Election Reform Act to reform congress’s dated election procedures; Urging criminal and civil accountability for any of the misconduct described in the report; Urging federal agencies to identify and address the threat of domestic violence extremism in the US; Urging congress (..)

Cause of Action 104

Cause of Action Depositions Statute 104

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. The Court next turned to the key issue — when the clock on the two-year statute of limitations began to run. The District Court dismissed Reed’s complaint.

Statute 52

Statute Litigation Litigating Cause of Action 52

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.”

Court 91

Court Statute Cause of Action Government 91

JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

Court 118

Court Cause of Action Statute Legal 118

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. §

Statute 59

Statute Cause of Action Court Rules Diligence 59

HowAppealing

FEBRUARY 17, 2022

” Perhaps the majority agrees.

Cause of Action 100

Cause of Action Statute Court Laws 100

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.

Statute 99

Statute Court Contract Tort 99

Paralegal Bootcamp

AUGUST 5, 2021

Know the Statute of Limitations Period. The statute of limitations is a time limit on a particular cause of action. If the law firm accepted the case before the statute of limitations period expired, it could result in a finding of legal malpractice. initial intake). Learn Medication Abbreviations.

Personal Injury 246

Personal Injury Paralegal Paralegals Law Firm 246

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.

Statute 85

Statute Cause of Action Sports Laws 85

The IP Law Blog

MARCH 9, 2023

However, the Court held the Plaintiff provides no authority supporting the contention that the use of a method to design a product is the same as the use of a method to manufacture the product, as contemplated by the statute. The Court reasoned the statute clearly contemplates that “made” means “manufactured.”

Manufacturing 98

Manufacturing Court Statute Cause of Action 98

Patently O

FEBRUARY 22, 2024

All circuit courts accept some form of the discovery rule, but they disagree over a second point — whether damages can reach back beyond the three-year statute of limitations period measured from the date of filing. The statute of limitations speaks about a time period to file a complaint. “Our submission is simple.

Statute 69

Statute Court Cause of Action Attorney 69

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. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

Stare Decisis 90

Stare Decisis Statute Court Contract 90

At the Lectern

JULY 30, 2021

Joseph Health System , the Supreme Court today holds that the anti-SLAPP statute , which allows for an early screening of claims that could chill constitutionally protected free speech or petition rights, can be used to review some, but not all, causes of action relating to mandatory hospital medical staff peer review proceedings.

Statute 49

Statute Court Cause of Action Construction 49

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. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc.

Statute 52

Statute Cause of Action Entertainment Court 52

Patently O

OCTOBER 18, 2021

As a matter of fact, this is an illegal [theft-by-]taking, and Edible can introduce evidence within the framework of the Complaint to prove each cause of action. Rather the cause of actions center on state statutes involving theft of personal property. “Customer confusion is not an element of any of Edible’s claims.”

Cause of Action 100

Cause of Action Court Statute Laws 100

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

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

LettersBlogatory

AUGUST 23, 2021

In Nestlé , the court held that a “triple-foreign” claim (a foreign plaintiff asserting that a foreign defendant injured him in a foreign country) cannot proceed under the Alien Tort Statute, even if the claim is that a US company aided and abetted the wrong.

Cause of Action 52

Cause of Action Statute Tort Court 52

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 54

Statute Finance Government Cause of Action 54