SCOTUSBlog

NOVEMBER 28, 2022

Share The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli , an executive convicted of federal wire fraud in connection with bid-rigging to secure a $750 million New York state contract. In 2012, New York Gov. The justices agreed that the right-to-control theory was a problem.

Contract 71

Contract Statute Government Court 71

SCOTUSBlog

NOVEMBER 2, 2021

Share More than 80 amicus briefs were filed in New York State Rifle & Pistol Association v. Bruen , the major Second Amendment challenge to a New York law that requires people to show “proper cause” for a license to carry a concealed handgun in public. Amicus briefs supporting New York. Federalism.

Statute 112

Statute Laws Court Contract 112

JonathanTurley

DECEMBER 7, 2023

The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. ” As a sports figure, such allegations can have a major impact on his future contracts both with teams and advertisers. In New York Times v. Judge Scott Googler (N.D.

Punitive Damages 39

Punitive Damages Sports Statute Contract 39

Conflict of Laws

FEBRUARY 28, 2024

On February 20, 2024, the New York Court of Appeals handed down its opinion in Petr óleos de Venezuela S.A. The bondholders, represented by MUFG Union Bank, argued for New York law. In a victory for PDVSA, the New York Court of Appeals unanimously held that the validity of the bonds was governed by the law of Venezuela.

Laws 74

Laws Contract Government Court 74

SCOTUSBlog

FEBRUARY 26, 2024

Through the years, the Supreme Court has faced many cases in which state statutes have limited the activities of national banks, and it has held that the National Bank Act preempted many, though certainly not all, of those local enactments. Tuesday’s Cantero v.

Statute 81

Statute Litigation Litigating Entertainment 81

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. Breyer arguing in dissent that some sorts of contracts can give rise to suits for emotional harm.

Court 75

Court Statute Contract Court Rules 75

Fordham Law News

OCTOBER 2, 2023

New York is slated to join the growing movement against non-compete agreements. [1] 1] On June 20, 2023, the New York State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers. [2] 22] [1] New York’s Imminent Non-Compete Ban , Sidley Austin (Jun.

Cause of Action 52

Cause of Action Contract Statute Laws 52

Conflict of Laws

FEBRUARY 22, 2024

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. It held that choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law.

Court 68

Court Contract Laws Statute 68

Conflict of Laws

DECEMBER 6, 2023

The respondents are foreign companies: Princess Cruise Lines Ltd is incorporated in Bermuda and headquartered in California; Carnival plc is a UK company which functions together with a Panama-incorporated US-headquartered company, and is dual listed on the New York Stock Exchange and the London Stock Exchange.

Contract 71

Contract Laws Court Statute 71

SCOTUSBlog

DECEMBER 13, 2020

Pharmaceutical Care Management Association firmly rejected an attack on state statutes that protect pharmacies from the prescription-reimbursement intermediaries that health-insurance providers use to administer their prescription-drug programs. Rutledge involves an Arkansas statute of that sort, which has three salient provisions.

Statute 72

Statute Court Contract Laws 72

Patently O

FEBRUARY 29, 2024

” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions. ” This allows AlexSam to file for breach of contract. New York Hospital , 385 N.Y.S.2d New York Hospital , 385 N.Y.S.2d See Colton v.

Contract 52

Contract Court Laws Drafting 52

SCOTUSBlog

MARCH 11, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property. In Wilkins v. In the U.S.

Statute 83

Statute Contract Government Court 83

Patently O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. After some back-and-forth, Genius eventually sued Google in New York state court, alleging that. Rub, Copyright Survives: Rethinking the Copyright-Contract Conflict , 103 Va. Genius sued. 17 U.S.C. §

Laws 79

Laws Contract Statute Court 79

Constitutional Law Reporter

DECEMBER 19, 2022

In convicting Joseph Percoco, who served as campaign manager for New York Gov. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional and because the landowners failed to prove that their claims arose within twelve years of the lawsuit being filed, it dismissed the case.

Court 52

Court Laws Statute Immigration 52

SCOTUSBlog

NOVEMBER 3, 2023

And because federal firearms laws do not “clearly and unambiguously prohibit bump stocks,” the 6th Circuit concluded, the rule of lenity applies and it was “bound to construe the statute in” the defendant’s favor. Court of Appeals for the District of Columbia Circuit disagreed and upheld the regulation.

Statute 123

Statute Court Criminal Law Contract 123

Conflict of Laws

AUGUST 14, 2023

Ardavan Arzendeh of the National University of Singapore present his paper on ‘Jurisdiction and Arbitration Clauses in the Same Contract’, evaluating the treatment of jurisdiction and arbitration clauses in the same contract through the law of England and Wales.

Laws 52

Laws Contract Sports Statute 52

The Crime Report

JANUARY 21, 2022

“The constraints imposed by contracts and civil service statutes prevent those who manage the police from creating proper age and experience mixes within police assignments, or from experimenting with assignment policies,” Schanzenbach wrote in a study of police personnel practices. “It The full paper can be accessed here.

Contract 111

Contract Laws Law School Statute 111

SCOTUSBlog

NOVEMBER 15, 2023

To promote tribal self-governance, Congress allows tribes to contract with the Indian Health Service to oversee these programs themselves. The program also provides for the agency to pay the tribe “contract support costs” that the tribe uses to run the program, because it lacks the existing bureaucracy to operate the program.

Healthcare 105

Healthcare Contract Court Government 105

JonathanTurley

MAY 27, 2024

To achieve that extraordinary goal, he has alleged that the document violations (which expired long ago under the statute of limitations) were committed to hide some other crime. He is currently in prison in New York , but was not called by the prosecution. That may change when we see Judge Merchan’s final instructions.

Legal 61

Legal Legal Misdemeanor Attorney 61

The Fashion Law

DECEMBER 16, 2021

Seven months after a New York federal court put the case that Chanel filed against The RealReal on hold while the parties participated in a mediation with the aim of a settlement, the court has since lifted the stay after the famed fashion house and the luxury reseller were unable to make peace. The Background. The RealReal, Inc.,

Court 96

Court Statute Contract Laws 96

MyCase

APRIL 24, 2024

Survey respondents confirmed they use GAI to streamline firm processes, from drafting marketing content to finding specific statutes. In 2023, New York lawyer Peter LoDuca included nonexistent reference cases, complete with quotes and judicial decisions, in a legal brief. LoDuca’s colleague Steven A.

Legal 52

Legal Legal Drafting Legal Research 52

LettersBlogatory

AUGUST 16, 2021

It sued its insurance broker, Amwins, as well as the underwriters for breach of contract, failure to communicate policy changes, and unfair claims handling practices, asserting that the deductible should have been $600,000, not $3.6 There was no question that the case fell within the scope of the New York Convention.

Contract 52

Contract Statute Laws Court 52

SCOTUSBlog

JUNE 11, 2021

The employee alleges that the union contracted with his employer, United Airlines, to compel employees to pay fees in an amount equal to union dues. New York passed a law imposing an annual surcharge on opioid manufacturers and distributors. Lastly, Healthcare Distribution Alliance v. Oregon State Bar.

Healthcare 105

Healthcare Attorney Manufacturing Statute 105

Conflict of Laws

JULY 13, 2023

INTRODUCTION The debate surrounding the composite approach i.e., the approach of accommodating the application of both the law applicable to the substantive contract and the Lex Fori to the arbitration clause has recently resurfaced with Anupam Mittal v Westbridge Ventures II (“Westbridge”).

Contract 52

Contract Government Laws Legal 52

SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. Coinbase asserts that this situation arises frequently, and it argues that the circuits are divided: While the U.S. relisted after the Oct.

Court 97

Court Contract Government Statute 97

Conflict of Laws

APRIL 22, 2023

This week a conference took place to honor Professor Linda Silberman at New York University (NYU). Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute (American Law Institute, 2006) (with Andreas F. She is currently the Clarence D. Ashley Professor of Law Emerita at NYU. with Andreas F.

Litigation 52

Litigation Litigating Laws Statute 52

SCOTUSBlog

APRIL 14, 2023

It is used in conjunction with the drug misoprostol, which causes the uterus to contract, expelling the pregnancy. Danco Laboratories, a New York pharmaceutical company that distributes mifepristone, filed its own request to put Kacsmaryk’s order on hold.

Manufacturing 105

Manufacturing Court Statute Contract 105

Conflict of Laws

JANUARY 24, 2022

The law of 1989 introduces two innovations which are worth emphasizing: the application of foreign law ex officio and the principle of party autonomy for international contracts. In the New York proceeding Zahava Rosenfeld, derivatively as a shareholder of Deutsche Bank AG and on behalf of Deutsche Bank AG v.

Litigation 52

Litigation Litigating Laws Court 52

SCOTUSBlog

SEPTEMBER 29, 2023

One “friend of the court” brief filed in support of Pulsifer tells the justices that the lower court’s ruling “turns the statute on its head by foreclosing safety-valve relief for the vast majority of defendants to whom the statutory amendment might apply.” Raiders Retreat filed five counterclaims.

Court 138

Court Laws Statute Litigation 138

LawSites

NOVEMBER 15, 2023

. ‘Transformational Change’ All of these developments were previewed yesterday to members of the media during a briefing by TR executives in the company’s Times Square office in New York. It is then up to the user to plod through it all in search of the answer.

Legal Research 119

Legal Research Legal Assistant Legal Assistance Laws 119

JonathanTurley

MAY 28, 2024

Below is my column in the New York Post on the closing arguments scheduled for today in the trial of former President Donald Trump. Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations.

Misdemeanor 73

Misdemeanor Government Attorney Lawyer 73

The Crime Report

FEBRUARY 9, 2022

With that, even if someone is an extremely motivated worker, when the employment contract is stipulated as temporary, formerly incarcerated individuals often fall prey to wrongful termination, or dangerous low-wages that are unsustainable. The BJS figures show that formerly incarcerated people in the sample had an average of 3.4

Construction 97

Construction Statute Contract 97

SCOTUSBlog

OCTOBER 11, 2023

NBCUniversal was denied as anticipated , which drew a separate opinion from Justice Clarence Thomas noting that he would be inclined to reconsider New York Times v. Yes, the statute really does have a full cite to the opinion in it. Kivett , and the New York state law in Cantero v. Nelson ,…517 U.S. 26 and Oct.

Laws 78

Laws Court Personal Injury Tort 78

JonathanTurley

NOVEMBER 29, 2023

Below is my column in the New York Post on the confirmation that Hunter Biden will finally appear before Congress on December 13th. There were massive payments that Hunter claimed as “loans” without any written schedule for repayment, any contract, or interest. The threat of prosecution is real.

Sports 46

Sports Felony Law School Attorney 46

Fordham Law News

JANUARY 5, 2024

5] Article 1 of the Sherman Act Article 1 of the Sherman Act has long held, “[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” [6] New York Yankees, Inc., National Basketball Assn.

Sports 52

Sports Stare Decisis Laws Court 52

Conflict of Laws

MAY 17, 2022

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. an assignee as a third party is bound by a jurisdiction clause agreed by the original contracting parties.

Contract 40

Contract Legal Legal Court 40

SCOTUSBlog

FEBRUARY 23, 2023

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. LLC involves how to determine the law to be applied under federal admiralty law in a maritime contract case. Great Lakes Insurance SE v. Raiders Retreat Realty Co.,

Government 76

Government Court Contract Malfeasance 76