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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. …

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Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

Facts of the Case Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. After he left the company, Mallory moved to Pennsylvania for a period before returning to Virginia. Along the way he was diagnosed with cancer.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

Issue : Whether a court may deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing.”. Disclosure : Goldstein & Russell, P.C., O’Donnell & Sons, Inc.

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U.S. Supreme Court Renders Personal Jurisdiction Decision

Conflict of Laws

The Case Robert Mallory worked for Norfolk Southern for nearly twenty years in Ohio and Virginia. He has since been diagnosed with cancer, which he alleges was caused by the hazardous materials to which he was exposed while in Norfolk Southern’s employ. Norfolk Southern contested personal jurisdiction.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Virginia Hospital Association (1990), and hold that spending clause enactments are not enforceable through Section 1983. HHC frames this case within the court’s broader rejection of judicially implied rights of action. Arguments of HHC. HHC urges the court to overrule precedent, including Wright v.

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A Case Over the Sale of Counterfeits on Amazon May Have Implications for Fashion 

The Fashion Law

District Court for the Eastern District of Virginia handed Amazon another loss in May 2021. Following failed attempts by Amazon to compel arbitration and then to have the case transferred to a federal court in its native Seattle, Judge Liam O’Grady of the U.S. A “Straightforward” Case of Counterfeits.

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RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt

SCOTUSBlog

Medical Marijuana notes that the Supreme Court indicated – a bit offhandedly, in an opinion addressing another issue – that RICO’s private cause of action “exclud[ed], for example, personal injuries.” If granted, it should make for an interesting argument. Florida and Moore v.

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