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US Supreme Court rules copyright owner may recover damages for historical infringement by timely claim

JURIST

Some courts have interpreted “accrued” to be when “an infringing act occurs.” ” The Eleventh Circuit was the lower appellate court for this case, and it interpreted “accrued” to be when “the plaintiff discovers, or with due diligence should have discovered,” the infringement.

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US Supreme Court rules veteran cannot equitably toll deadline for disability benefit applications

JURIST

Equitable tolling is “when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action,” so courts can extend the limitations period. Any claim filed after that means “a veteran could potentially recover decades’ worth of retroactive payments.”

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India High Court rules online intermediaries immune from criminal prosecution for counterfeit goods

JURIST

Flipkart filed a petition before the Delhi High Court under Articles 226 and 227 of the constitution and Section 482 of the Code of Criminal Procedure , contending that it has immunity from liabilities arising out of products sold by third-party sellers through its marketplace.

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Belgium court rules Belgium’s failure to meet climate obligations amounts to human rights violation

JURIST

The court accepted that the citizens have a “direct and personal interest” in the climate issue. The court stated that the Belgian state and the three regions have failed to meet the standards established by the Belgian Civil Code.

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Federal judge rules Walgreens contributed to San Francisco opioid epidemic

JURIST

The court ruled this burden was met at trial. The court ruled that Walgreens dispensed these pills without adequate due diligence. The court also ruled that Walgreens failed to screen for suspicious orders of opioids.

Diligence 189
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Court rules in favor of Mall of America in dispute over Sears lease

SCOTUSBlog

But if they are not, then often litigants will lose the opportunity to press them if they are not diligent. This is the second decision in the past month, following Wilkins v United States , reversing a lower court holding that a particular statute is jurisdictional, ruling instead that the statute is merely a “precondition to relief.”

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India police organization files case against Twitter for child pornography

JURIST

Notably, the social media giant’s safe harbor protection for the content shared on its platform remains in limbo after its repeated non-compliance with the central government’s new IT Rules of 2021.

Diligence 263