Attorney at Work

AUGUST 25, 2021

Here’s good news: There are now a variety of cutting-edge cloud-based tools available for litigators, ranging from software designed to streamline the pre-trial process to mobile apps created for use in the courtroom. This is because deadlines are an inescapable part of your practice if you’re a litigator.

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Calendaring Litigation Litigating Court Rules 98

LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We

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Legal Research Legal Legal eDiscovery 67

Constitutional Law Reporter

FEBRUARY 23, 2021

Accordingly, the Court interpreted the FSIA as it does other statutes affecting international relations: to avoid, where possible, “producing friction in our relations with [other] nations and leading some to reciprocate by granting their courts permission to embroil the United States in expensive and difficult litigation.”

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Court Rules Court Government Laws 89

SCOTUSBlog

NOVEMBER 20, 2023

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.”

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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.

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SCOTUSBlog

OCTOBER 10, 2022

In 2009, the Supreme Court ruled in District Attorney’s Office v. An inmate whose efforts to obtain DNA testing under state law have been unsuccessful, the court ruled, must show that state law denies him his right to due process. Reed came to the Supreme Court last fall, asking the justices to review that ruling.

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MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. A rules-based calendaring system not only houses your calendar and upcoming deadlines but also syncs with any rules you set, including a specific court’s rules.

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Calendaring Law Firm Law Firms Court Rules 98

SCOTUSBlog

JANUARY 18, 2021

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. A remand order, the companies reason, “is a written command or direction that the case must be returned to state court”; it “necessarily rejects” all of the grounds for removal on which the defendant relied.

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SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

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Patently O

MAY 3, 2021

Rather than reaching the merits, the district court dismissed the case on procedural grounds. The district court ruled that Tormasi lacked the capacity to sue and the Federal Circuit then affirmed. New Jersey has a statute on point: “Every person who has reached the age of majority. Judge Stoll wrote in dissent.

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SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. One involves “a statute [that] says in so many words that it is stripping immunity from a sovereign entity.”

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SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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Calendaring Court Statute Court Rules 120

MyCase

MAY 9, 2022

If you’re a litigator, your practice revolves around court deadlines. From criminal cases and personal injury matters to commercial litigation and class action lawsuits, there are many different deadlines to keep track of and conform to. . What is Rules-Based Legal Docketing Software?

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SCOTUSBlog

NOVEMBER 4, 2022

The ALJ imposed a substantial monetary penalty and barred her from practice before the SEC, but the decision was vacated after the Supreme Court ruled in Lucia v. The general federal jurisdiction statute ( 28 U.S.C. SEC that the ALJ’s appointment was unlawful. The claims in both cases rest directly on the Constitution.

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SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? Kavanaugh shot back, “Assuming we don’t do that, what’s your next answer?”. We have to follow AEDPA.”

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Day on Torts

OCTOBER 31, 2022

The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” The appeal was therefore dismissed.

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SCOTUSBlog

APRIL 29, 2024

The district court ruled for Medical Marijuana and the other companies on Horn’s RICO claim. The companies came to the Supreme Court last fall, asking the justices to take up the case and weigh in.

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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. In Skinner v.

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Statute Court Laws Court Rules 101

Patently O

MARCH 15, 2023

The court did separately reverse a tertiary challenge to allow Apple to proceed on a claim related to the note-and-comments procedure of the APA. Apple and other repeat players in patent infringement litigation often use the inter partes review process under 35 U.S.C. §§ 311–319 to challenge the validity of asserted patents.

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Statute Litigation Litigating Court 62

Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

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Fordham Law News

OCTOBER 12, 2023

If the Supreme Court agrees with the previous rulings in Moore, it could have hundreds of different consequences for taxpayers. [16] 19] Lastly, not only would a Supreme Court ruling striking down §965 have tax implications for foreign investment income tax, it could also have potential impacts on a variety of other U.S.

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Real Estate Statute Court Rules Court 52

SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine.

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Day on Torts

MARCH 11, 2022

The Court explained that it was “not free to disregard the discussion in Owens directly addressing the issue before [it].” During oral arguments, plaintiff also suggested that Owens was inapplicable because the statute cited therein, Tenn. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

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SCOTUSBlog

MAY 23, 2022

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

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Conflict of Laws

FEBRUARY 22, 2024

Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. The trial court ruled in favor of GLI. The Third Circuit ruled in favor of Raiders. This post is cross-posted at Transnational Litigation Blog ] Raiders opposed this motion.

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Conflict of Laws

MAY 6, 2024

’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts. That procedure was not immediately apparent.

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Court Laws Statute Litigation 67

SCOTUSBlog

MARCH 17, 2023

But with four justices — the number it takes to grant a petition — signaling their interest in expanding the independence of religious institutions to make employment decisions, it was only a matter of time before another case came to the court. In Faith Bible Chapel International v. Murco Wall Products, Inc.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,

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Statute Stare Decisis Court Manufacturing 105

Conflict of Laws

FEBRUARY 15, 2023

Meliá then filed a motion arguing that the claim was an attempt to eschew the EU Blocking Statute meant to prevent the effectiveness of US court rulings against EU companies, under the Helms-Burton Act of 1996. The CJEU may have taken years to issue such a ruling but the Spanish First Instance Court denied the motion.

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Real Estate Statute Court Tort 52

Day on Torts

APRIL 1, 2022

The issue here was what exactly the statute means by “a good faith basis to maintain the action consistent with the requirements of § 29-26-115,” with plaintiff arguing that this wording did not “require a plaintiff to consult with an expert regarding all of the requirements in § 29-26-115.” Code Ann. § 29-26-122(a)(1).

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Depositions Healthcare Statute Court 59

Fordham Law News

APRIL 21, 2022

In Manhattan, the Housing Court took a more direct approach to the ERAP issue when applying a textualist review of the law. [17] 17] The court asserted, “The statute does not provide the Housing Court with the authority to determine whether a person is eligible for ERAP assistance.” [18] Supreme Court in Chrysafis v.

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Laws Statute Court Court Rules 52

Broadcast Law Blog

SEPTEMBER 25, 2014

In reaching this decision, the Court looked at the language of the California statute dealing with pre-1972 sound recordings. So this is another of those issues that users of music will have to watch carefully as it develops, as there will no doubt be significant litigation and many disputes ahead.

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Court Rules Court Statute Laws 40

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Construction Government Legal Legal 114

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 1] Civil Procedure Rules 2006 (ACT) div 6.8.9;

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FDA Law Blog

APRIL 23, 2021

The Court pointed out that its task was not to determine whether the ability of the FTC to substitute §13(b) for the administrative procedure in §5 and consumer redress under §19 was desirable, but rather to answer a “more purely legal question,” Slip Op. It did that by focusing on the text of the statute. 58 Food and Drug L.J.

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Conflict of Laws

APRIL 25, 2024

3] This objective of this reform was to render it ‘unnecessary for a claimant to scrutinise the long list of permissible cases set out in the existing Rules in the hope of fitting into one or more descriptions.’ [4] 21] Order 8 rule 1(3) is missing the first option.

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Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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