Law 360

AUGUST 13, 2021

Supreme Court's decision in Facebook v. Duguid closes one door to potential Telephone Consumer Protection Act lawsuits, Florida's newly amended state law — featuring a broader autodialer definition — has opened another, say attorneys at Buchanan Ingersoll. Although the U.S.

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FDA Law Blog

DECEMBER 7, 2023

Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. FTC Supreme Court decision stripping FTC of its ability to obtain restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act. By Steven J.

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SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

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At the Lectern

APRIL 11, 2021

Could prior Supreme Court decisions help eliminate uncertainties in the recall process? That’s an interesting question, because the only court decisions regarding a gubernatorial recall aren’t published in the official reports and their precedential effect is questionable. .” ” ( Kowis v.

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Conflict of Laws

JANUARY 30, 2024

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? It suggests that Japan might consider recognizing parentage through foreign decisions.

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SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Why it did so reveals some key insights into how the Sixth Circuit thinks about state-law certification. Purdue Pharma L.P.,

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Law 360

APRIL 26, 2022

Supreme Court's decision on Monday to take up a case about the reach of a Pennsylvania law could have a "seismic impact" on corporate litigation if the justices rule that a state can exercise jurisdiction over companies registered to do business there, legal experts told Law360.

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Conflict of Laws

MAY 19, 2023

65, 2022) of the Japanese Yearbook of International Law – published by the International Law Association of Japan – has been recently released. It features the following articles, case notes as well as English translation of some relevant court decisions relating to private international law.

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Law 360

DECEMBER 8, 2023

Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted.

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Broadcast Law Blog

SEPTEMBER 21, 2021

Facially, the service looked much like that offered by Aereo, which the Supreme Court determined seven years ago violated federal copyright law by retransmitting TV stations without first obtaining the consent of the copyright holders (see our article here on the Aereo Supreme Court decision).

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JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. Because the law requires a general intent, Stiglich found no risk of arbitrary enforcement.

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Constitutional Law Reporter

OCTOBER 18, 2023

The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v.

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ClimateChange-ClimateLaw

JULY 12, 2022

The first week of July 2022 brought on several major developments in climate litigation in the Netherlands, with possibly significant ramifications for a new type of global climate litigation. This “splash” of misleading advertisement cases (rather than a “wave”) seems to be a fairly new phenomenon in climate litigation.

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JURIST

NOVEMBER 16, 2023

The nation asserts that the city lacks criminal jurisdiction over Native Americans on the tribe’s lands without express congressional authorization, as per the 2020 US Supreme Court case McGirt v.

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Law 360

OCTOBER 24, 2023

The Eighth Circuit backed a lower court's decision denying a law firm's bid to disqualify an expert in a suit claiming it is being harassed because of its representation of a patent owner in infringement litigation, saying Tuesday there was indeed no risk of a conflict of interest against the firm.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision. Eva Balounová *.

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Conflict of Laws

OCTOBER 28, 2023

Each state under its national laws is empowered to restrict or limit the matters that can be referred to and resolved by arbitration. When contracting parties choose arbitration as their dispute resolution mechanism, they freely choose several different laws that would apply in case of disputes arising under the contract.

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Patently O

FEBRUARY 24, 2022

Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. ” Eligibility : American Axle v.

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LegalReader

JULY 23, 2021

Georgia Court of Appeals reverses previous trial court decision and sets stage for new trial.

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The IP Law Blog

JULY 9, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). That decision overturned a lower court decision in favor of the Warhol Foundation. Watch the episode on YouTube at this link.

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ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. 2021 Federal Court Decision .

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LawTechnologyToday

JUNE 21, 2021

the “others” who will bear securities law liability). Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. So, Beeple’s art won’t pass the test.

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The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C. intellectual property.

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Patently O

JUNE 17, 2022

Gugliuzza, Temple University Beasley School of Law; Jonas Anderson, American University Washington College of Law; and Jason Rantanen, University of Iowa College of Law. Litigants shouldn’t get to choose the judge who decides their case. To us, that seems like an uncontroversial proposition. of the time.

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The IP Law Blog

JUNE 29, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith ). The decision overturned a lower court decision in favor of the Warhol Foundation. They offer apologies to viewers and to the artist.

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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.

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Patently O

DECEMBER 28, 2023

Although the court uses AI judges in some cases, this one was decided by humans. Read an English translation created by GWU Law Students Yuqian Wang and Jiaying Zhang supervised by Prof. Robert Brauneis: Li v Liu Beijing Internet Court 20231127 with English Translation.

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JURIST

DECEMBER 16, 2021

This tit-for-tat directive against Texas SB8 is the latest of the bold moves Newsom has taken and responds directly to the Supreme Court decision last week. The law became effective at the end of August.

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Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

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LexForti

APRIL 22, 2021

Shrinivas Sugandhalaya LLP , the court denied the motion to compel the arbitrations proceeding under federal equitable estoppel law. The defendant-appellant moved to compel the arbitration and stay the litigation since there was an arbitration clause contained withing the partnership deed.

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SCOTUSBlog

DECEMBER 5, 2023

The court unanimously agreed that the case was moot – that is, no longer a live controversy – because the plaintiff in the case, Deborah Laufer, had voluntarily dismissed her lawsuit in the lower court. This article was originally published at Howe on the Court.

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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. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

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LettersBlogatory

JANUARY 28, 2022

Current US law allows courts to refuse recognition for both case-specific reasons (“this judgment was obtained by fraud”) and reasons relating to the quality of the foreign judiciary overall (“the courts of country A do not provide due process to litigants”). But what purpose does it serve?

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SCOTUSBlog

APRIL 23, 2021

Taking a different approach, Justice Clarence Thomas pointed out that the Patent Act does not mention claim preclusion or issue preclusion, but those doctrines nevertheless bar certain arguments in patent litigation. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party.

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NewmanFerraraLLP

NOVEMBER 2, 2022

The complaint alleged, in part, that “Amazon’s productivity requirements prevent employees from engaging in basic hygiene, sanitization and social distancing,” and that they were not paid the full amount of leave to which they were entitled under NY law. ”] SOURCE Palmer et al v. ”] SOURCE Palmer et al v.

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ClimateChange-ClimateLaw

DECEMBER 21, 2021

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

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Conflict of Laws

MAY 6, 2024

Dr Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham; Senior Research Associate; Private International Law in Emerging Countries, University of Johannesburg) We would like to thank Joy Chebet, Law Student at Kenyatta University, for her research assistance and comments.

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