Day on Torts

MARCH 22, 2024

The trial court granted defendants judgment on the pleadings, ruling that to the extent plaintiff claimed breach of contract and fraud, those claims were not pled with sufficient particularity, and to the extent he claimed legal malpractice, the claim was time barred.

Statute 52

Statute Legal Legal Divorce 52

SCOTUSBlog

OCTOBER 10, 2023

Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. The contract calls for New York law, so the justices have to decide whether federal courts should respect that contract. The first is the 1955 decision in Wilburn Boat Co.

Contract 86

Contract Laws Court Statute 86

FDA Law Blog

NOVEMBER 7, 2021

Kirschenbaum — On September 30, we blogged about the ongoing dispute and litigation around the use of contract pharmacies under the 340B Drug Discount Program (click here ). District Court for the Southern District of Indiana decided several substantive motions in Eli Lilly & Co. Last week, the U.S. 1:21-cv-00081-SEB-MJD (S.D.

Statute 52

Statute Contract Manufacturing Court 52

Conflict of Laws

AUGUST 23, 2021

Court of Appeals for the Eleventh Circuit issued its latest decision on foreign forum selection clauses and cruise ship contracts. The cruise line moved to dismiss the case on the basis of a forum selection clause in the ticket mandating that all disputes be resolved by a court in Genoa, Italy. contract a provision limiting.

Contract 98

Contract Personal Injury Statute Court 98

Conflict of Laws

FEBRUARY 22, 2024

Supreme Court handed down its decision in Great Lakes Insurance SE v. The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. District Court for the Eastern District of Pennsylvania.

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Court Contract Laws Statute 67

SCOTUSBlog

MARCH 15, 2024

The issue is whether the insurer can even put the question to the court for consideration. The insurer’s argument is simple, relying directly on the statute’s reference to a “party in interest.” The post Court faces dispute over insurer’s rights in asbestos bankruptcy plan appeared first on SCOTUSblog.

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Court Contract Statute Manufacturing 105

SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

Statute 97

Statute Court Contract Tort 97

SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

Court Rules 98

Court Rules Court Contract Statute 98

LexForti

JANUARY 18, 2022

This article was written by Shristi Roongta, who explains what are smart contracts and elaborates upon its presence in the Indian laws. Hence the contracts are also getting digitalised. Basically, smart contracts are new age software-based contracts in which the software automates the business processes. INTRODUCTION.

Contract 52

Contract Technology Laws Court 52

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. They contracted to travel on the cruise in different parts of the world, and according to Princess, were subject to different terms and conditions subject to different systems of law. The ship is registered in Bermuda.

Contract 70

Contract Laws Court Statute 70

Law 360

MAY 10, 2024

Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.

Statute 52

Statute Contract Court 52

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

FDA Law Blog

FEBRUARY 5, 2023

By Faraz Siddiqui — In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts ). A lot is at stake here.

Contract 52

Contract Statute Manufacturing Court 52

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The court found for the government, therefore, Polansky filed for a writ of certiorari to the Supreme Court.

Court Rules 104

Court Rules Court Government Statute 104

SCOTUSBlog

JANUARY 5, 2024

In May 2022, a divided Supreme Court put the Texas law on hold while the challenges to the law continued in the lower courts. Court of Appeals for the 5th Circuit later rejected those challenges and upheld the law, while the U.S. Court of Appeals for the 11th Circuit barred the state from enforcing most of the law.

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Court Calendaring Contract Statute 90

JURIST

SEPTEMBER 21, 2022

Ireland Tuesday filed a declaration of intervention in the Registry of the Court in the International Court of Justice (ICJ) in the case of Ukraine v. Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Russian Federation.

Statute 104

Statute Contract Construction Court 104

Conflict of Laws

MAY 31, 2021

In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.

Contract 98

Contract Cause of Action Court Laws 98

SCOTUSBlog

MARCH 20, 2024

considered a technical question under the Bankruptcy Code, how to decide when an entity is a “party in interest” under the statute, which gives it a right to “be heard on any issue” in a Chapter 11 proceeding. One of the oddest parts of the argument was the lack of engagement with the relevant statute. Kaiser Gypsum Co.

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Statute Contract Court 95

Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

Contract 52

Contract Tort Statute Government 52

Day on Torts

SEPTEMBER 9, 2022

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”

Contract 52

Contract Tort Court Rules Statute 52

At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

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Statute Tort Contract Court 49

JURIST

AUGUST 25, 2023

Planned Parenthood South Atlantic joined two physicians and Greenville Women’s Clinic to file a petition Thursday asking the Supreme Court of South Carolina to reconsider its decision to uphold a strict state law banning abortions after six weeks of pregnancy.

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Court Construction Statute Contract 104

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

Court 84

Court Statute Cause of Action Contract 84

At the Lectern

NOVEMBER 8, 2023

Business and Professions Code section 16600 provides that, with some stated exceptions, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” ” In Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th Arthur Andersen LLP (2008) 44 Cal.4th

Contract 45

Contract Court Statute Laws 45

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

Stare Decisis 84

Stare Decisis Statute Court Contract 84

The Crime Report

APRIL 29, 2022

The Supreme Court has ruled that victims of discrimination, which is forbidden by four federal statutes, may not sue if the only harm was emotional distress, reports the New York Times. The Supreme Court ruled against Cummings saying that the federal anti-discrimination laws she invoked did not allow suits for such emotional harm.

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Court Statute Contract Court Rules 75

Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Court Statute Constitutional Law Contract 52

SCOTUSBlog

NOVEMBER 3, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. A list of all petitions we’re watching is available here.

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Government Contract Statute Court 91

SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.

Calendaring 116

Calendaring Court Statute Court Rules 116

SCOTUSBlog

DECEMBER 3, 2022

Share The Supreme Court turns its attention to bankruptcy next Monday when it hears argument in MOAC Mall Holdings LLC v. The case involves the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its interest in a lease. The bankruptcy court rejected the landlord’s argument.

Court 80

Court Statute Contract Court Rules 80

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

Statute 101

Statute Legal Legal Court 101

The Crime Report

SEPTEMBER 20, 2023

This statute permits a defendant’s attorney to enter into plea negotiations with the U.S. Attorney’s Office to determine if a mutually agreed upon guilty plea contract can be reached. The trial court can accept or reject the plea agreement. Supreme Court has ruled that 18 U.S.C. Supreme Court, Gall v.

Statute 105

Statute Contract Court Attorney 105

JURIST

APRIL 28, 2022

The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes.

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Compensatory Damages Contract Contract Law Statute 194

Patently O

APRIL 10, 2022

286. (In a 2019 post , Dennis explains why it is correct to refer to the Section 286 limitation on damages as a “statute of limitations.” Regarding absence of intent, the court found that the district court had, in denying JMOL, “incorrectly applied a negligence standard rather than requiring specific intent for inducement.”

Statute 58

Statute Technology Court Contract 58

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

Government 109

Government Court Litigation Litigating 109

Mondaq

AUGUST 2, 2022

District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico's Dealer's Contracts Act, also known as Law 75.

Manufacturing 40

Manufacturing Statute Contract Court 40

SCOTUSBlog

JUNE 1, 2023

Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. Court of Appeals for the 7th Circuit had found it was never relevant.

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Court Statute Government Contract 88