JURIST

MAY 23, 2022

The US Supreme Court ruled 9-0 Monday in Morgan v. against a fast-food franchise owner who sought arbitration only after beginning to litigate a claim filed by an employee. However, Morgan opposed this by arguing Sundance, through litigating for so long, waived its right to arbitrate. Sundance, Inc.

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JURIST

MARCH 15, 2023

Circuit Judge Thomas Ambro authored the opinion of the court. The court ruled that Adelphia’s claim was precluded by issue preclusion under 28 U.S.C. This law requires federal courts to accord “full faith and credit” to issues decided by state courts.

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JURIST

JUNE 16, 2022

The US Supreme Court ruled 8-1 Wednesday that the Federal Arbitration Act (FAA) partially preempts a California law that invalidates waivers of the right to assert representative claims under the California Private Attorneys General Act (PAGA). Justice Alito wrote the opinion of the Court.

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JURIST

JUNE 22, 2022

The court found that the lawsuit was barred under res judicata because of it’s similarity to Fisher v. Abigail Fisher and Edward Blum, who were essential in the Fisher litigation, are now directors of the SFFA. University of Texas.

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JURIST

MARCH 27, 2024

A three-judge panel of the Fifth District Court of Appeals ruled Tuesday that a controversial Texas law, Senate Bill (SB) 4 , will remain on hold as litigation continues. SB4, the controversial Texas law that is the subject of this continued litigation, was originally signed into law in December 2023.

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JURIST

AUGUST 14, 2023

Monday’s unprecedented ruling is expected to shape how many other states address the impacts of climate change at the judicial level. According to a 2o22 report , climate change litigation has grown significantly across the globe, with cases more than doubling in the past seven years. More rulings like this will certainly come.

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JURIST

JANUARY 23, 2023

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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Above The Law

JANUARY 31, 2023

The next phase of the litigation will be them repeatedly saying, ’Cancer? The post Court Rules Johnson & Johnson Can’t Throw Out Civil Liability Because Of ’Good Intentions’ appeared first on Above the Law. How could we have given you cancer? Do you see how cute our mascot is?!’

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JURIST

MARCH 8, 2021

The US Supreme Court ruled 8-1 Monday in Uzuegbunam v. During litigation, the college dropped the policy and argued that the students no longer had standing to continue the litigation. The post US Supreme Court rules for student in campus free speech case appeared first on JURIST - News - Legal News & Commentary.

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JURIST

DECEMBER 26, 2022

A two-judge bench of the Madras High Court ruled that the designation of a senior advocate is not an automatic right but a merit-based privilege. This alone, according to the court was sufficient reason to dismiss the petition. Even so, the court addressed the merits of the case with Justice M.

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JURIST

MAY 27, 2022

Former Prime Minister Stephen Harper wrote that the ruling “ devalues the lives of [Bissonnette’s] victims” and called the opinion a “grave injustice that calls for action from Parliament.”

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HowAppealing

JUNE 13, 2021

“Litigants flout court rules at their peril. District courts have broad discretion to punish them by striking their briefs if needed. Court of Appeals for the Third Circuit issued Friday. We will not upset these sanctions lightly.”

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Law 360

FEBRUARY 27, 2024

An Illinois federal judge granted a win to an insurer in a coverage dispute with a condiment company over biometric privacy litigation, changing course Tuesday in response to a state appeals decision concerning an identical policy exclusion.

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ClimateChange-ClimateLaw

APRIL 9, 2024

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.

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SCOTUSBlog

MARCH 19, 2024

He agreed that “litigating disputes that potentially touch on matters of national security beyond the motion-to-dismiss stage can present evidentiary challenges for parties and courts alike,” and he cautioned that “[c]areful attention must be paid to the handling of classified or privileged information.”

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JURIST

FEBRUARY 4, 2022

The appellate court ruled similarly in 2020. Upon appeal, with several labor lawyers’ associations and local employers as amici , the Illinois Supreme Court stated that the legislative intent behind the WCA was to provide financial support to injured workers and compensability depended on the type of injury sustained.

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JURIST

MARCH 24, 2022

Sotomayor wrote separately “to underscore the interaction between prison officials’ obligations to set such rules and the exhaustion requirement of the Prison Litigation Reform Act. Because I think Ramirez’s claims either do not warrant equitable relief or are procedurally barred, I respectfully dissent.

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JURIST

MARCH 15, 2022

The Australian Federal Court Tuesday overturned a ruling that found that Australia’s environment ministry has a duty to protect young people from the effects of climate change when considering fossil fuel projects. That previous ruling, decided in May of 2021, resulted from a lawsuit filed by eight school students and a nun.

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JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The post US Supreme Court rules in favor of DOJ power to dismiss whistleblower lawsuits appeared first on JURIST - News.

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The IP Law Blog

JUNE 30, 2023

A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Read more about this case here.

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SCOTUSBlog

MAY 16, 2023

Share In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The case, Santos-Zacaria v.

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SCOTUSBlog

JUNE 22, 2023

He did note a “silver lining,” offering suggestions on how the Nation can still attempt to intervene in ongoing Colorado River water rights litigation to assert its treaty rights to water. The post Supreme Court rules 5-4 against Navajo Nation in water rights dispute appeared first on SCOTUSblog.

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ClimateChange-ClimateLaw

SEPTEMBER 11, 2023

The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. However, the Supreme Court found that the Spanish Government had complied with the Paris Agreement and the EU legislation. Spain II Decision Fast forward to June 2023, and the Supreme Court’s final ruling on Greenpeace v.

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SCOTUSBlog

MAY 31, 2023

Share The Supreme Court on Thursday gave a Maryland prison official another chance to defend himself against a federal civil rights claim. Last week’s unanimous ruling in Dupree v. This article was originally published at Howe on the Court. But that rationale does not, Barrett continued, apply to Dupree’s case.

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JURIST

MARCH 26, 2021

Can anyone seriously argue that requiring Ford to litigate these cases in Minnesota and Montana would be fundamentally unfair?” ” The post US Supreme Court rules state courts have personal jurisdiction in product liability cases against Ford appeared first on JURIST - News - Legal News & Commentary.

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JURIST

MAY 24, 2022

The Office of Massachusetts Attorney General Maura Healey released a statement following the SJC’s decision affirming the rejection of ExxonMobil’s “ anti-SLAPP ” motion to dismiss by the Suffolk Superior Court.

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JURIST

APRIL 19, 2022

Dunn asked the Court to intervene on an emergency basis while his litigation continued in the lower federal courts. The US Court of Appeals for the Ninth Circuit denied Dunn’s request for an injunction. He alleged violations of the Religious Freedom Restoration Act (RFRA) and the First Amendment.

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SCOTUSBlog

MARCH 21, 2023

Gorsuch also noted that the court’s ruling did not resolve several issues in the dispute between Perez and the school district, such as whether the damages that Perez seeks are available under the ADA. This article was originally published at Howe on the Court.

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JURIST

APRIL 22, 2022

Justice Barrett delivered the unanimous opinion of the court. The court explained that there are many “non jurisdictional rules” that “promote the orderly progress of litigation but do not bear on a court’s power.” On Thursday, the court also issued rulings in City of Austin v.

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JURIST

JUNE 16, 2023

” The Competition Appellate Tribunal (COMPAT), in the first round of litigation, remanded the matter for a new judgement, reducing the penalty on CIL from the initial amount of 1733.05 The post India Supreme Court rules country’s largest coal producer must comply with Competition Act appeared first on JURIST - News.

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ClimateChange-ClimateLaw

DECEMBER 22, 2022

As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. In June 2022, the Prague Municipal Court ruled in Klimatická žaloba ČR v. By Maria Antonia Tigre. Photo by Matt Palmer on Unsplash.

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ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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SCOTUSBlog

MAY 23, 2022

When a plaintiff who is subject to an arbitration agreement files a lawsuit in court, the defendant usually seeks to move the case to arbitration without delay. But this case was unusual: Sundance waited for eight months, during which time the parties began to litigate the case and also discussed settlement.

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SCOTUSBlog

APRIL 20, 2023

When a statute includes directions to litigants, such as filing deadlines, that are conditions to relief the interpretive question is whether those directions are “jurisdictional.” If they are, then litigants can raise them at any time, even if they previously have waived them.

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Mondaq

JULY 8, 2022

Litigation can often be bitter, hostile, and a long, drawn-out process. This is why we have established Court Rules to ensure that the proceedings are fair and matters can be resolved expeditiously.

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Law 360

DECEMBER 19, 2023

An Illinois appellate court ruled Tuesday that two insurers are not responsible for part of a $19 million settlement in underlying biometric privacy litigation based on a broad violation-of-law policy exclusion, saying the Seventh Circuit's recent analysis of nearly identical language is not "an accurate reflection of Illinois law."

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Law 360

APRIL 25, 2024

Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group. Last week in Muldrow v. Louis, the U.S.

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