Court Decisions, Delaware and Litigating

Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding [Sponsored]

Above The Law

APRIL 12, 2022

The state’s top court upheld fee-shifting of a contingent fee. Analogous logic could apply to the costs of litigation funding. The post Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding appeared first on Above the Law.

Court Decisions

Court Decisions Litigation Litigating Court

Catching Up With Delaware's Chancery Court

Law 360

APRIL 10, 2023

Delaware Chancery Court decisions last week touched on foot powder litigation, an AMC settlement and in-person signage as damage control for a postponed hearing. New cases ranged from Amazon sales centers to a fibrosis drug.

Court

Court Court Decisions Litigation Litigating

Courts Are Mimicking Delaware's Approach To Ultra Vires Acts

Law 360

AUGUST 29, 2022

Recent state court decisions mirroring procedures employed by the Delaware Chancery Court to short-circuit the adjudication of disputes concerning ultra vires corporate acts are a welcome sign for parties who are required to litigate their corporate disputes outside of Delaware, say attorneys at Akerman.

Court

Court Court Decisions Litigation Litigating

Collateral Estoppel Beats Precedent Every Time

Patently O

DECEMBER 11, 2022

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

Stare Decisis

Stare Decisis Court Decisions Litigation Litigating

Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Patently O

AUGUST 19, 2022

Thus, ANDA patent lawsuits are ordinarily decided by bench trial–and typically by one of the Delaware district court judges. At times, a court can look to other relevant evidence, but only when the ANDA filing fails to “speak clearly and directly to the question of infringement.” 3d 1366, 1378 (Fed.

Court

Court Court Decisions Litigation Litigating

Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

MAY 12, 2023

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.

Court

Court Court Decisions Government Laws

Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

MAY 17, 2023

These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. These rates were calculated by dividing (1) the total number of cases where a clause was enforced by (2) the total number of cases where the court considered the issue of enforceability. They apply federal common law.

Court

Court Statute Lawyer Lawyers

The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

FDA Law Blog

SEPTEMBER 29, 2021

According to AstraZeneca’s court filings, the fines alone would accrue to the tune of $530 million per month. Federal Court Found HRSA’s Advisory Opinion Was Based on Faulty Legal Grounds. As of this writing, the court is still deliberating on the relief to be granted to the manufacturer.

Litigation

Litigation Litigating Manufacturing Contract

Is The Skinny Label Back From the Dead?

FDA Law Blog

JANUARY 11, 2022

The Federal Circuit twice reversed the District Court decision at issue in GSK v. Hikma was filed in November 2020 after the Court’s first decision issued in October 2020.) Teva , but Amarin v. Teva , Amarin’s case against Hikma could still end very differently if it is appealed to the Federal Circuit.

Court

Court Manufacturing Court Decisions Litigation

Is The Skinny Label Back From the Dead?

FDA Law Blog

JANUARY 11, 2022

The Federal Circuit twice reversed the District Court decision at issue in GSK v. Hikma was filed in November 2020 after the Court’s first decision issued in October 2020.) Teva , but Amarin v. Teva , Amarin’s case against Hikma could still end very differently if it is appealed to the Federal Circuit.

Court

Court Manufacturing Court Decisions Litigation

Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.

Statute

Statute Stare Decisis Court Manufacturing

The First Precedential Patent Decision of 2023: Dexcom v. Abbott Diabetes Care

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware.

Contract

Contract Court Statute Court Decisions

December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. In Delaware v. and non-U.S. 19-1189 (U.S.).

Court

Court Government Litigation Litigating

October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The New Jersey federal court concluded that private and public interests weighed in favor of transfer. and non-U.S. filed Sept.

Court

Court Government Compensatory Damages Litigation

January 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

JANUARY 13, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Delaware v. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. and non-U.S. BP America Inc. ,

Court

Court Government Technology Assisted Review Litigation

University of Delaware Continues Fight to Shield Biden Documents From Public Review

JonathanTurley

JULY 11, 2022

After a setback before the Delaware Supreme Court, the University of Delaware is continuing its dogged effort to prevent the public from seeing the senatorial papers of President Joe Biden. The Delaware Supreme Court has now sent the matter back to the lower court for additional review. Becnel-Guzzo, Esq.,

Court

Court Court Decisions Court Rules Litigation

June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. She also was persuaded that Congress had ratified the lower appellate court decisions holding that there was a narrower scope of review.

Court

Court Statute Government Litigation

May 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

MAY 7, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. Delaware v. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 20-1530 (U.S. 20-1531 (U.S.

Court

Court Government Construction Litigation

What to Expect in a Post-Roe World

JonathanTurley

JUNE 27, 2022

In the Dobbs litigation of 2022, 26 states asked the court to overturn Roe and its successor, Casey. States like Colorado, New Jersey, Oregon and Delaware actually protected abortion without any limit on the stage of a pregnancy — guaranteeing the right up to just before time of birth. Thus, we remain deeply divided.

Court

Court Legal Legal Laws

“How Scared Should We Be?”: CNN’s Jake Tapper Leads Show With “Conspiracy In the Oval Office” On Possible Declaration Of Martial Law

JonathanTurley

DECEMBER 20, 2020

Despite his alarming rhetoric, Trump has complied consistently with court decisions and worked within the legal system. If he or his successor ever defied the court, they would be removed from office. That will make it hard for Biden to even replace the Delaware U.S. Attorney until after the investigation.

Laws

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Paralegal Brief

Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding [Sponsored]

Catching Up With Delaware's Chancery Court

Trending Sources

Courts Are Mimicking Delaware's Approach To Ultra Vires Acts

Collateral Estoppel Beats Precedent Every Time

Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

Data on Choice-of-Court Clause Enforcement in US

The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

Is The Skinny Label Back From the Dead?

Is The Skinny Label Back From the Dead?

Animal rights and the First Amendment, due process and a confession of error

The First Precedential Patent Decision of 2023: Dexcom v. Abbott Diabetes Care

December 2020 Updates to the Climate Case Charts

October 2020 Updates to the Climate Case Charts

January 2021 Updates to the Climate Case Charts

University of Delaware Continues Fight to Shield Biden Documents From Public Review

June 2021 Updates to the Climate Case Charts

May 2021 Updates to the Climate Case Charts

What to Expect in a Post-Roe World

“How Scared Should We Be?”: CNN’s Jake Tapper Leads Show With “Conspiracy In the Oval Office” On Possible Declaration Of Martial Law

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