SCOTUSBlog

FEBRUARY 21, 2024

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). The contract, like most American marine insurance contracts, called for the application of New York law.

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ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v. By Michael Burger. Tomorrow, Thursday, May 24, Judge William H. BP P.L.C. , BP P.L.C. ,

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Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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SCOTUSBlog

OCTOBER 6, 2023

Since the 1950s, though, the Supreme Court has relied on state law to fill “gaps” in maritime law that lack any federal statute or controlling federal precedent. That contract, like many such contracts, selected federal admiralty law and, in the absence of any controlling federal law, the law of the State of New York.

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FDA Law Blog

MARCH 21, 2024

Although much remains to be decided and industry is waiting for guidance from FDA related to some of these issues such as serious adverse event reporting, conference discussions all embraced the development of an appropriate internal company infrastructure to handle new requirements as part of a good faith display of compliance. By John W.M.

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SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. The majority opinion in New York State Rifle & Pistol Association v. But the Texas statute, and the rationales set forth in English and Duke , are outliers.”

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York. Andrew Cuomo.

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SCOTUSBlog

OCTOBER 10, 2023

Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. The contract calls for New York law, so the justices have to decide whether federal courts should respect that contract. The first is the 1955 decision in Wilburn Boat Co.

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ClimateChange-ClimateLaw

AUGUST 31, 2021

Commonwealth , which used the state constitution’s Environmental Rights Amendment to invalidate a state statute that had prevented municipalities from barring hydraulic fracturing. The court therefore allowed the litigation to proceed. If the final plan falls short, some litigants may well invoke this amendment.

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Intelligize Blog

FEBRUARY 15, 2024

The ruling led some experts to label Sarbanes-Oxley “…one of the most employee-friendly whistleblower-protection statutes in the nation.” Meanwhile, a new program spearheaded by the U.S.

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ClimateChange-ClimateLaw

DECEMBER 15, 2023

While the SEC’s climate disclosure rules are pending, and will probably face litigation when final, regulations from other agencies and jurisdictions are likely to affect U.S. New York State – New York follows California’s revenue thresholds, however subsidiaries’ revenues are explicitly included in the count.

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Conflict of Laws

DECEMBER 6, 2023

The respondents are foreign companies: Princess Cruise Lines Ltd is incorporated in Bermuda and headquartered in California; Carnival plc is a UK company which functions together with a Panama-incorporated US-headquartered company, and is dual listed on the New York Stock Exchange and the London Stock Exchange.

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Conflict of Laws

APRIL 22, 2023

This week a conference took place to honor Professor Linda Silberman at New York University (NYU). In my view, nothing in the academic world compares to taking the “international litigation” class with her. with Franco Ferrari) Civil Litigation in Comparative Context (West Academic Publishing 2d ed., 2017; 1st ed.,

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Litigation Litigating Laws Statute 52

Patently O

JANUARY 18, 2022

Even if you are not a litigator, you may still remember learning about the R.26(a)(1) 737 (1869), the Supreme Court was asked to opine on the level of specificity required by the statute. by Dennis Crouch. 26(a)(1) initial disclosures required at the start of a lawsuit. One example — old patent law. Allis , 76 U.S.

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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.

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The IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. They filed similar suits in Florida and New York contending that those states’ copyright laws required a similar result. Sirius XM Radio, Inc. ,

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SCOTUSBlog

APRIL 29, 2024

They described the question presented by the case as “critically important,” explaining that “RICO is a frequently litigated federal statute that imposes treble damages and attorneys’ fees.” “If Harp-Horn, who had worked with her husband, then quit her job, because she believed it was not safe to work without him.

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SCOTUSBlog

OCTOBER 5, 2023

Vullo involves a lawsuit in which the NRA alleges that Maria Vullo, then the Superintendent of the New York State Department of Financial Services, violated its First Amendment rights by threatening its business partners to try to encourage them to disassociate from the NRA. New York and 335-7 LLC v. City of New York, NY.

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Broadcast Law Blog

JANUARY 27, 2023

ASCAP and BMI are currently negotiating with the RMLC on new rates for commercial broadcasters. As the statute was adopted before streaming was important, it was not covered in Section 118 of the Copyright Act. A $1 fee to cover all of this unaffiliated music was provided in the settlement agreements and in the proposed CRB rates.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Beyond Berkeley: Local Governments Have Building Electrification Options In enacting its ordinance, Berkeley relied on its police powers , or its authority to govern with respect to health and safety, to prohibit the extension of natural gas piping to new buildings. Clean Air Act, not EPCA.

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Construction Government Legal Legal 114

JonathanTurley

JANUARY 5, 2024

New York City Major Eric Adams announced on Thursday that he is suing bus companies for over $700 million for busing undocumented persons to the state. New York City politicians have long heralded their status as a sanctuary city. This is truly a thing to behold. This is clearly an effort to grind companies financially.

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Conflict of Laws

FEBRUARY 22, 2024

It argued that these claims were not viable because the policy’s choice-of-law provision had designated New York as the governing law in the absence of applicable federal maritime law. Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. Raiders opposed this motion.

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Conflict of Laws

JANUARY 24, 2022

Jean Mohamed: Die aktienrechtliche actio pro socio im globalen Kontext – Zur Abgrenzung von materiellem Recht und Verfahrensrecht im anglo-amerikanischen Rechtskreis am Beispiel der derivative action in New York. claims of the corporation asserted in the shareholder’s own name – may be imminent. Paul Achleitner et al.,

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Patently O

FEBRUARY 29, 2024

In interpreting the element, the court concluded that any other interpretation would forever bar AlexSam from actually enforcing its license rights — and such an illusory agreement is disfavored under New York law. New York Hospital , 385 N.Y.S.2d See Colton v. 2d 65 (App. 1st Dep’t 1976).

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The Fashion Law

SEPTEMBER 14, 2021

That is what counsel for Resurrect By Night (“RBN”) asserts in an entry of default filed last week, asking a New York federal court to enter a default judgment in its favor – and award it any further relief that the court “deems just and proper” – on the basis that Plein’s corporate entities PP Retail USA, LLC, Philipp Plein Americas, Inc.,

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Statute Manufacturing Laws Court 47

At the Lectern

FEBRUARY 17, 2022

Superior Court is the latest chapter in high-profile litigation between the Dentons law firm and one of its former partners. It also concluded the plaintiffs could not seek declaratory relief under a state constitutional provision and Penal Code statutes that proscribe gambling. See here and here.)

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Fordham Law News

APRIL 21, 2022

Since the onset of the COVID-19 pandemic, New York State’s legislative bodies have crafted new laws to help prevent tenants’ evictions. 4] Landlords sued New York State’s Chief Administrative Judge, County Sheriffs, and other officials throughout the state— challenging CEEFPA on constitutional grounds. [5]

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Conflict of Laws

AUGUST 14, 2023

The presentation suggested a more defensible course of action in such a situation: Courts should approve both the clauses and give a choice to the parties to pursue the matter either through litigation or arbitration. Instead, the CAS may accept a sports related dispute if the statutes or regulations designate that it has jurisdiction.

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Laws Contract Sports Statute 52

The Crime Report

JANUARY 21, 2022

The constraints imposed by contracts and civil service statutes prevent those who manage the police from creating proper age and experience mixes within police assignments, or from experimenting with assignment policies,” Schanzenbach wrote in a study of police personnel practices.

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Constitutional Law Reporter

OCTOBER 18, 2021

New York: A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence. Below is a brief preview of the most closely-watched cases: Hemphill v. EMW Women’s Surgical Center, P.S.C.:

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Attorney Constitutional Law Lawyer Lawyers 59

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost.

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Conflict of Laws

NOVEMBER 23, 2023

Wanzhou Meng In 2018, federal prosecutors in New York indicted Huawei executive Wanzhou Meng for bank and wire fraud. subsidiary to continue clearing dollar transactions through New York. conduct is required under the federal bank and wire fraud statutes, Meng engaged in no U.S. authorities. Although U.S.

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SCOTUSBlog

JANUARY 12, 2021

Barrett noted that under a variety of consumer-protection statutes, like the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act, statutory damages are relatively low, but courts may order defendants who are found liable to pay the plaintiff’s attorney’s fees.

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Patently O

MARCH 12, 2021

My father’s law office was in rural New York, and his core practice involved representing farmers, villages, and small businesses on land transactions, estate planning, and probate matters. This post is one of a few half-baked ideas from that return-to-basics reflection. I grew up steeped in the world of property law.

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LegalReader

FEBRUARY 14, 2022

If you work in New York City, you can file a formal complaint with three different agencies.

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Statute Litigation Litigating Attorney 52

LawTechnologyToday

SEPTEMBER 1, 2021

Sometimes lawyers may even be out-savvied by pro se litigants, especially by the younger generation who are more comfortable appearing digitally and who have years of practice refining their appearance on YouTube, Facetime, or Snapchat. Attorneys are even forced to adapt or function at a slight disadvantage. About the Author. Nicholas A.

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Conflict of Laws

AUGUST 30, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? 847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. The Value of a New Judgments Convention for U.S.

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