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The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” M árquez authored the opinion of the court. ” Justice Monica M.
The US Court of Appeals for the Fifth Circuit ruled Monday that Students for Fair Admissions (SFFA) can continue their lawsuit against the University of Texas Austin (UT) for racial discrimination in their admissions process. The court found that the lawsuit was barred under res judicata because of it’s similarity to Fisher v.
Google (GA 2021). This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. As a matter of fact, this is an illegal [theft-by-]taking, and Edible can introduce evidence within the framework of the Complaint to prove each cause of action. Edible IP v.
Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says. In Kuciemba v.
Folks, Folks Hess, PLLC (1/2021). 2007) (a cause of action “accrues” each time a party fails to perform as required by the contract) and Ortiz v. 2015) (each time the debtor fails to make a payment when it becomes due, a separate breach occurs and a cause of action “accrues”, starting the clock). Short answer: No.
Here is a look at a dozen of the many interesting and notable fashion lawsuits and legal developments that we saw in 2021 …. One of the most interesting lawsuits of 2021 was actually one of the quickest to come off of the docket. According to the declaratory judgment action that it filed with the U.S. Drip Creationz.
The years-long legal battle between H&M and pattern-making company Unicolors is going before the Supreme Court. The appeals court held that a collection of works may be registered under a single-unit registration, but that is only an option when the works were first published in a singular, bundled unit.
In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.
A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Simultaneously, the defendants filed a suit in the United States District Court, asserting non-infringement of the plaintiffs’ rights. Brainlink International Inc., [1]
Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. The Hawai‘i Circuit Court’s decision. By Korey Silverman-Roati. Background.
Previous editions of the report were published in September 2021 , March 2022 , and May 2023. Key findings from the report include: Counties in Ohio are continuing to adopt binding resolutions to create restricted areas where large wind or solar projects are prohibited pursuant to Senate Bill 52 of 2021 (S.B.
The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. Here is a copy of the court of appeals opinion in the case , decided on March 10, 2021. The case is Pryority Partnership v. AMT Properties, LLC , No. 2020-00511-SC-R11-CV.
Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. The case will be argued on Monday, and it will be the court’s first in-person argument in a year and a half.
1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. Rather than choosing Iowa or Colorado, the companies chose the Northern District of California, which is Trimble’s home court.
Brazil: When a court accepts the legally disruptive nature of climate change. On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v.
S. _ (2021), the U.S. Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Supreme Court’s Decision. Doe , 593 U.
District Court for the Central District of California states that the parties “agreed to a settlement in principle and will finalize the outstanding matters before the pretrial conference scheduled for July 16, 2021, with the district judge.” In response to Fashion Nova’s request that the court compel Ms. Versace to testify.
On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for.
Montana 8th Judicial District ( Supreme Court2021 ). The Supreme Court has sided with Gullett’s estate — finding that the 14th Amendment does not prohibit this case from moving forward. With Specific Jurisdiction , the Court’s recent decision in Bristol-Myers Squibb Co. Superior Court of Cal.,
The district court felt that 20 patents was too many to handle and so ordered MASA to reduce the number of asserted patents to 8 patents by the summary judgment pre-trial stage; and then further drop down to only 4 asserted patents by trial. However, the the court instead ordered MASA to eliminate patents from the case entirely.
Election or political party disputes often feature before Nigerian courts. 1 ) [2] (reported on June 7, 2021), one of the issues for determination was whether the High Court of the Federal Capital Territory, Abuja possessed territorial jurisdiction to handle a dispute between members of Nigeria’s ruling political party.
In a declaratory judgment action filed in October 2020 , WWW and Bernstein asked a New York federal court to formally declare that they did not run afoul of the indie intimates brand’s rights by using a lookalike “Silhouettes Design.” Fast forward to May 2021, and following a combination of the two cases before the U.S.
Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.
In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Abuse of Discretion : Courts and administrators are often given discretionary authority to make decisions. by Dennis Crouch.
By Adeline Chong, Singapore Management University Introduction In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements.
S. _ (2021), the U.S. Supreme made it more difficult for plaintiffs to prove standing when bringing a credit-reporting class action lawsuit. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. Supreme Court’s Decision. A divided Supreme Court reversed.
The pending Supreme Court case of Warsaw v. There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. One giving US district courts exclusive original jurisdiction over US patent cases and the second giving the Federal Circuit exclusive appellate jurisdiction over appeals in patent cases.
Actions of note at yesterday’s Supreme Court conference included: Supreme Court signs off on another sentence commutation. The court granted review in Travis v. The court apparently didn’t care for the way the First District, Division Two, procedurally handled the habeas corpus petition in In re Murray.
In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. This post is written by Joshua Folkard, Barrister at Twenty Essex. Background. PD 6B, para.
The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.
The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. To govern certain disputes after the expiration of the Covenant Term, the MCA further stated: [T]he Parties agree that all Potential Actions arising under U.S.
S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.
Jane and John became aware of the Dossier in late April 2021, when it had begun to circulate among the Yale Law School student body. Shortly thereafter, beginning on April 23, 2021, Cosgrove and Eldik contacted Jane and John concerning the Dossier. .” What follows are extremely serious and shocking allegations: 49.
Supreme Court2021). Supreme Court with the following question: [35 USC 116] provides that “when an invention is made by two or more persons jointly, they shall apply for a patent jointly.” The district court, found no breach because the patent was invalid for failing to properly list Donald Kilday as an inventor.
The following case, very recently decided by the Dubai Supreme Court, is nothing but one of many examples which show how misconceptions and confusion regarding the notion of “recognition” would lead to unpredictable results ( cf. 338/2021 of 27 October 2021 ). 3174/2021 of 27 January 2022 ). 2684 of 25 January 2023 ).
A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.
For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.
True Wearables”) and Dr. Marcelo Lamego alleging a number of causes of action, including misappropriation of trade secrets. The United States Patent and Trademark Office (“USPTO”) issued a notice of allowance for one of the patent applications, the ‘158 Patent Application, on January 11, 2021. See Winter v. Council, Inc.,
District Court for the Northern District of California, Facebook, Inc. District Court for the Northern District of California, Facebook, Inc. In a first for Facebook, the social media giant is teaming up with a famed fashion brand in a quest to stomp out fakes on its widely-used platforms.
. § 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. 28, 2021), plaintiff was injured in a car accident with defendant in September 2017. The Court, however, disagreed. The Court pointed out that failure to exercise due care under Tenn.
Ultimately, Maglula argued that Amazon made it “impossible” to bring the third-party sellers “to court and investigate sources of the knock-offs.”. Following failed attempts by Amazon to compel arbitration and then to have the case transferred to a federal court in its native Seattle, Judge Liam O’Grady of the U.S.
In 2021, at the age of 30, he filed his lawsuit and after two rounds of amended pleadings, filed a second amended complaint in January 2022. 2255, which allows victims of child pornography to bring a civil cause of action. The district court agreed with the defendants and dismissed the complaint with prejudice.
At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. The court granted-and-held in In re Z.T. The court granted review in Cynosure, LLC v.
July 16, 2021), plaintiff and defendant were brother and sister. The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial.
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