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No cause of action against employers for take-home COVID

At the Lectern

The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. Superior Court (2021) 73 Cal.App.5th

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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

10, 2021), plaintiffs were the heirs of decedent, who had previously died of mesothelioma. Decedent himself ultimately accepted a settlement in lieu of further litigation. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. … In Welch v. Welch , No.

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I See Dead People…Filing Lawsuits In New York

The IP Law Blog

New York’s post mortem right-of-publicity statute recently came into effect. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem. News, public affairs, and sports programs are also exempt from the statute. written consent” can sue for an injunction and damages.

Statute 85
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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

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. However, the U.S. Disclosure : Goldstein & Russell, P.C.,

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Territorial Jurisdiction relating to Succession and Administration of Estates under Nigerian Private International Law

Conflict of Laws

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.

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Municipalities of Puerto Rico v. Exxon: a unique class action against fossil fuel companies presses for climate accountability in the United States

ClimateChange-ClimateLaw

and global climate litigation movement. Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. climate litigation brought by cities and other subnational jurisdictions is still rare.

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How does the USPTO Decide the Discretionary Aspect of Institution?

Patently O

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. In this case, the PTO argued (1) that the statute does not require rules on that discretionary aspect of institution. Hirshfeld , No.

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