SCOTUSBlog

DECEMBER 1, 2022

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

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SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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LegalReader

APRIL 28, 2022

The statute of limitations is a significant part of the law surrounding personal injury claims.

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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LegalReader

JULY 7, 2021

While the standard statute of limitations for personal injury cases in Florida is four years, certain factors can extend the deadline or effectively pause the timer.

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SCOTUSBlog

NOVEMBER 8, 2021

After over two hours of debate, there was little support for the 9th Circuit’s decision, but the justices appeared divided on what path the litigation should take next. When Kneedler argued that the statute dealt with suppression, rather than the production, of information, Justice Elena Kagan asked, “Why isn’t it about both?”

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Above The Law

OCTOBER 12, 2022

The post When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence appeared first on Above the Law. We could have avoided this whole issue if everyone became a vegan.

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SCOTUSBlog

MARCH 17, 2023

Ordinarily in these cases, the customer files a lawsuit (often, as here, a class action), and the business immediately files a motion asking the court to stay litigation and refer the matter to arbitration. The case before the justices arises from two separate disputes with Coinbase. Its argument is simple and linear.

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SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e.,

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Mondaq

JANUARY 12, 2022

This guide to Bermuda dispute resolution and litigation includes commentary on litigation funding, initiating a lawsuit, statutes of limitations, representative or collective actions.

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Mondaq

JANUARY 12, 2022

This guide to Guernsey dispute resolution and litigation includes commentary on litigation funding, initiating a lawsuit, statutes of limitations, representative or collective actions.

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At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 The court granted a pro per’s petition for review in Escamilla v.

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Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

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LegalReader

JANUARY 4, 2022

If you repressed your memory of the sexual harassment, you may be able to take legal action even after the statute of limitations has expired.

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SCOTUSBlog

MARCH 22, 2023

The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. She explained: “I follow the Federal Rules of Civil Procedure and the statute that tells me to look there.” Two points were central for them.

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Mondaq

JANUARY 12, 2022

This guide to British Virgin Islands dispute resolution and litigation includes commentary on litigation funding, initiating a lawsuit, statutes of limitations, representative or collective actions.

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LegalReader

APRIL 12, 2022

The statute of limitations is a rule that places (you guessed it) limits on plaintiffs who want to sue for personal injuries.

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Conflict of Laws

FEBRUARY 9, 2023

The newly published book Intolerant Justice: Conflict and Cooperation on Transnational Litigation (Oxford University Press) argues that the human disposition of ethnocentrism – the tendency to divide the world into superior in-groups and inferior out-groups – would often lead policymakers to answer these questions negatively.

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The IP Law Blog

NOVEMBER 17, 2022

As a result, the Federal Circuit was not persuaded the “venue ruling implicates a ‘basic, unsettled, recurring legal issue [] over which there is considerable litigation producing disparate results,’ or similar circumstances that might warrant mandamus.”

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JURIST

FEBRUARY 22, 2023

” The statute at issue before the court is Title 47, section 230(c) of the US Code , which was originally passed under section 230 of the Communications Decency Act. The statute broadly shields online platforms from liability for content posted to the platform by its users.

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LegalReader

MARCH 1, 2022

In Indiana, the statute of limitations gives claimants two years from the date of the accident to file for personal injury claims.

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LegalReader

AUGUST 15, 2022

The statute of limitations prevents people from suing after a certain amount of time has passed.

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Law 360

JULY 19, 2023

State and federal courts have handed down rulings in Illinois cases so far this year that have altered the legal landscape for biometric privacy claims in the state, opened up an area of uncertainty for False Claims Act litigants and upheld a state statute tacking 6% prejudgment interest onto personal injury and wrongful death verdicts.

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Law 360

JANUARY 1, 2024

One of the biggest players in Illinois politics faces a criminal racketeering trial, a host of lawsuits filed under a decades-old genetic information privacy law will advance and the state's high court is expected to further weigh in on insurance coverage for litigation under the state's biometric privacy statute in some of the Illinois cases to watch (..)

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Patently O

JANUARY 24, 2022

Thus, according to Chief Justice Roberts, randomization that severs litigants from federal judges in their communities presents a conflict of values that the judiciary must resolve. WSOU] has only two employees who work from Waco, one of whom is its in-house attorney responsible for litigation.

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Day on Torts

FEBRUARY 11, 2021

Further, where the other defendant was added as a party after the statute of limitations had run, summary judgment for that defendant was also affirmed. Because plaintiff was a minor when the incident occurred, the statute of limitations was tolled until he turned eighteen. In Waller v. Varangon Corporation d/b/a Varangon Academy , No.

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At the Lectern

JULY 26, 2021

Tri-Modal Distribution Services , the Supreme Court today interprets the statute of limitations for employment harassment cases to give certain plaintiffs more leeway to bring their lawsuits, and it protects many unsuccessful plaintiffs from paying defendants’ appellate costs. In Pollock v.

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Paralegal Bootcamp

NOVEMBER 4, 2022

But what do you do when your first day starts with 60 active pre-litigation files assigned to you? Even if you’re in a different practice area, some of these will also apply to you, whether in personal injury, real estate, or commercial litigation. . 3 – Know the Litigation Process. Or maybe you transferred from another firm.

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Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. ” This argument misunderstands the way in which statutes of limitations generally work. 663 (2014).

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JURIST

MARCH 16, 2023

The North Dakota Supreme Court Thursday upheld a preliminary injunction on the state’s abortion ban while litigation on the matter proceeds. The injunction stops enforcement of N.D.C. 31-12 , which went into effect after the US Supreme Court overturned Roe v. Wade in June and found that there is no federal right to abortion in the US.

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Paralegal Bootcamp

OCTOBER 16, 2023

The courses in legal research and writing equipped me with the ability to efficiently locate and analyze relevant statutes, regulations, and case law. Understanding Legal Procedures I was exposed to multiple areas of law such as Civil Litigation, Criminal Law, Business law, etc., This is what you’ve been looking for!

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Paralegal Bootcamp

AUGUST 5, 2021

Know the Statute of Limitations Period. The statute of limitations is a time limit on a particular cause of action. If the law firm accepted the case before the statute of limitations period expired, it could result in a finding of legal malpractice. Know the Litigation Process. initial intake).

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The Crime Report

OCTOBER 11, 2022

Reed’s case raises a statute of limitations question about whether such a claim can be brought at the end of state court litigation or at the moment a trial court denied DNA testing. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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Law 360

FEBRUARY 29, 2024

The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.

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JURIST

NOVEMBER 6, 2021

As of date, in the absence of a separate statute, Section 89 of the Civil Procedure Code , as well as the rules framed by several high courts under that section, govern mediation in India. The draft bill considers the international practice of referring to ‘conciliation’ and ‘mediation’ as interchangeable words.

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SCOTUSBlog

FEBRUARY 16, 2024

brings the justices yet another case under a statute with which they are all too familiar – the Federal Arbitration Act. Notably, because the statute refers to a “class of workers engaged in … commerce,” the drivers argue that the characteristics of their employer are irrelevant. Share Bissonnette v. LePage Bakeries Park St.

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Law 360

FEBRUARY 8, 2024

Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S.

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