SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. TitleMax of Delaware, Inc. However, the U.S.

Government 91

Government Statute Cause of Action Litigation 91

Paralegal Bootcamp

MAY 4, 2023

We are multi-tasking masters of drafting documents, researching new or updated statutes and codes, and answering client phone calls all at the same time. Time management is everything when you have deadlines and statutes, or if you have an extra heavy case load. Screen emails as they come in Paralegals have to be on it, right?

Paralegal 130

Paralegal Paralegals Personal Injury Real Estate 130

Paralegal Bootcamp

MARCH 18, 2022

We’re up against statutes and tight deadlines, so when you get a file early on you should try to take advantage of it. In Delaware, if my client has $12,500 in bills, I can send the bills and records to the adjuster and request that they disclose their policy limits. Get involved early on. This was a game-changer! See 21 Del.

Paralegal 246

Paralegal Paralegals Personal Injury Real Estate 246

Paralegal Bootcamp

JUNE 1, 2023

I’m talking about the kind of faith you hold on to at 2 am when you wake up from a dead sleep wondering if you blew a statute or not. She is a Delaware native and graduated from the University of Delaware with a bachelor’s degree in criminal justice.

Paralegal 246

Paralegal Paralegals Paralegal Certificate Real Estate 246

SCOTUSBlog

JUNE 14, 2022

Delaware v. 3): Whether unclaimed checks issued by MoneyGram Payment Systems should be returned to Delaware, where the company is headquartered, or instead are “money orders” or “similar written instruments” that under federal law should go to the states where they are purchased. Pennsylvania (Oct. Goertz (Oct.

Calendaring 91

Calendaring Statute Court Litigation 91

Constitutional Law Reporter

NOVEMBER 1, 2022

Below is a brief summary of the cases before the Court: Delaware v. McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. Arellano v. The justices will decide two questions: (1) Whether the rebuttable presumption of equitable tolling from Irwin v.

Constitutional Law 52

Constitutional Law Statute Court Government 52

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

Court 52

Court Statute Lawyer Lawyers 52

Strictly Business

FEBRUARY 19, 2018

LLCs and LPs are very flexible entities, especially those formed in Delaware. Just about any provision of the state LLC and LP statutes in Delaware can be overridden by the entity’s governing agreement, including those pertaining to fiduciary duties. Corporations also require the observance of more legal formalities.

Statute 52

Statute Government Contract Legal 52

Patently O

SEPTEMBER 5, 2023

This statute limits the locations where patent infringement lawsuits can be filed. Charter is a Delaware company and does not operate its own retail stores in the Eastern District.

Statute 70

Statute Court Legal Legal 70

FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). Because of concerns that these contract pharmacies, which include some of the largest chains in the U.S.,

Manufacturing 52

Manufacturing Contract Statute Court 52

Patently O

JULY 1, 2021

The statute: For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. But, the defendants argued that N.D.Cal. Thus, no proper venue.

Statute 103

Statute Litigation Litigating Court 103

At the Lectern

SEPTEMBER 16, 2022

Division One ruled against enforcing a Delaware forum selection clause because the clause included a predispute jury waiver and because “California has a fundamental policy against such a waiver,” a policy that “could be violated if [the case] were heard in Delaware.” Covid statute of limitations.

Court 56

Court Statute Cause of Action Laws 56

The IP Law Blog

NOVEMBER 17, 2022

In support of its motion, Monolithic argued venue is improper in the Western District of Texas because Monolithic is a Delaware corporation; it does not own or lease property in the Western District of Texas, and the homes of the four remote employees in the district do not “constitute a ‘regular and established place of business’ of Monolithic.”.

Work From Home 98

Work From Home Litigation Litigating Statute 98

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. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

Statute 105

Statute Stare Decisis Court Manufacturing 105

Patently O

FEBRUARY 21, 2022

The statute provides two different ways for finding proper venue. In this case though, the defendants are incorporated in NY and Delaware. Might have been Brought : Section 1400(b) defines proper venue for patent cases. First , state of incorporation.

Litigation 89

Litigation Litigating Technology Lawyer 89

Patently O

AUGUST 2, 2021

Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy). Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. Patent Nos.

Court 90

Court Statute Litigation Litigating 90

Patently O

SEPTEMBER 20, 2022

In the face of evolving technology that redefines the potential of inventorship, the panel failed to interpret the statute “in light of [the] basic purpose” of the Patent Act. Judge Stark was previously a district court judge in Delaware for more than a decade. Quoting Twentieth Century Music Corp. Aiken , 422 U.S.

Court 80

Court Statute Laws Litigation 80

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. By that date, radio stations in Delaware and Pennsylvania must file a license renewal application.

Government 59

Government Legal Legal Statute 59

Patently O

JANUARY 3, 2024

District Court for the District of Delaware. Still, the courts disagreed and found the patents to be covered by the agreement and thus transferred the case to Delaware. Ordinarily, interlocutory judgments cannot be immediately appealed, but the statute covering appellate jurisdiction has a major exception that applies here.

Contract 62

Contract Court Statute Court Decisions 62

HowAppealing

AUGUST 10, 2023

” Chris Pandolfo of Fox News reports that “ 5th Circuit deals blow to federal gun statute used in Hunter Biden case; Biden faces charges in Delaware under the same statute declared unconstitutional by the 5th Circuit.” ” You can access yesterday’s ruling of the U.S.

Court 100

Court Statute Court Rules Laws 100

FDA Law Blog

SEPTEMBER 29, 2021

HRSA based its opinion on the statute and agency precedents over the last 25 years. On June 16, 2021, the District Court of Delaware issued a memorandum opinion denying HRSA’s motion to dismiss AstraZeneca’s case, finding that the Advisory Opinion was based on faulty legal grounds. Becerra , No. 1:21-cv-00027-LPS, 2021 WL 2458063 (D.

Litigation 52

Litigation Litigating Manufacturing Contract 52

FDA Law Blog

MARCH 5, 2024

By Faraz Siddiqui — Last Friday, the Delaware District Court rejected AstraZeneca’s lawsuit against the Medicare Drug Price Negotiation Program enacted under the Inflation Reduction Act (IRA) and CMS’s guidance implementing it. contradicts the plain text of the statute and therefore must be set aside.” Opinion at 17. see also 42 U.S.C.

Court 64

Court Statute Manufacturing Government 64

JonathanTurley

AUGUST 16, 2023

Bray, the Chief United States Probation Officer for the District of Delaware, never signed off on the agreement. The Fifth Circuit recently reversed the trial court, ruling that the federal statute conflicts with the Second Amendment. Some of those crimes were allowed to expire under the statute of limitations.

Statute 42

Statute Court Rules Attorney Court 42

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. In Delaware v. Delaware filed a motion to remand to state court (November 20). and County of San Mateo v. Chevron Corp. have concluded.

Court 55

Court Government Litigation Litigating 55

Broadcast Law Blog

FEBRUARY 6, 2011

The FCC's auction of new VHF TV channels in New Jersey and Delaware (about which we have written many times including here) has resulted in only three qualified bidders.

Construction 45

Construction Statute Education 45

At the Lectern

DECEMBER 14, 2023

Superior Court , a shareholder lawsuit, after the Fourth District, Division One, Court of Appeal, in a published opinion , refused to enforce Delaware forum selection provisions in the defendant company’s certificate of incorporation and bylaws. The court granted review in EpicentRx, Inc. ” Forum selection grant-and-hold.

Misdemeanor 45

Misdemeanor Court Entertainment Felony 45

Conflict of Laws

OCTOBER 29, 2021

First , internal affairs of corporations tend to be excluded by the various international statutes aiming to harmonise the applicable law rules. [3] I have tackled these (and other) matters in my recent article published in the 45 (3) Delaware Journal of Corporate Law 469-530 (2021) [link]. [1] L 199) 40 (EC), art 4 (1). [2]

Government 40

Government Laws Contract Litigation 40

SCOTUSBlog

JANUARY 14, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations.

Court 100

Court Manufacturing Statute Laws 100

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

JUNE 3, 2022

Court of Appeals for the 2nd Circuit affirmed the district court’s denial of Halkbank’s motion to dismiss on the ground that the federal court had jurisdiction over the foreign sovereign under the general criminal statute , which gives the district courts jurisdiction over “all offenses against the laws of the United States.”

Healthcare 78

Healthcare Government Court Statute 78

ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Delaware v. BP America Inc. ,

Court 52

Court Government Technology Assisted Review Litigation 52

JonathanTurley

OCTOBER 8, 2022

However, some of us pointed out that provisions criticized by the President are found in many blue states, including his own state of Delaware. Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional. Does that mean that “Jim Eagle” has landed in Delaware?

Court 48

Court Construction Statute Laws 48

Conflict of Laws

MAY 12, 2022

Twitter, Inc is incorporated in Delaware, and has various subsidiaries around the world; Twitter International Company , for example, is incorporated in Ireland and responsible as data controller for users that live outside of the United States. ‘Twitter’ is not a monolithic entity. The law applicable to online dignity.

Laws 98

Laws Statute Litigation Litigating 98

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The Delaware Guest Statute, 25 Del. Source: Pantagraph. __.

Tort 33

Tort Statute Court Criminal Law 33

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Delaware v. District of Columbia v. Exxon Mobil Corp. , 1:20-cv-01932 (D.D.C.):

Cause of Action 96

Cause of Action Court Government Litigation 96

The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

Court 52

Court Felony Laws Legal 52

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

Court 42

Court Statute Government Litigation 42