JURIST
JUNE 22, 2023
The court held that the CSAAA is unconstitutionally retrospective because it creates a new cause of action for conduct that predated the act and would have been time-barred by the claim’s statute of limitation. It is based on Article I Section 9 of the US Constitution , which prevents Congress from passing these laws.
JURIST
APRIL 9, 2023
Judge Jeffrey Crabtree ruled that the plaintiffs in the case alleged a viable cause of action against the department. The plaintiffs assert that the department has breached its “public trust” duties under Article XI, Section 1 and 9 of the Hawai’i Constitution. .”
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Constitutional Law Reporter
JUNE 17, 2022
Boule , 596 U.S. _ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Border Patrol agent.
At the Lectern
JULY 6, 2023
” “[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. 2022) 601 F.Supp.3d They lose because the court finds public policy reasons override factors that otherwise would establish a duty of care for employers.
Conflict of Laws
AUGUST 24, 2022
On 21 August 2022, China Justice Observer released the 2022 version of the List of China’s Cases on Recognition of Foreign Judgments. The full version of the 2022 List of China’s Cases on Recognition of Foreign Judgments is available here. Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer*.
ClimateChange-ClimateLaw
JUNE 11, 2024
Previous editions of the report were published in September 2021 , March 2022 , and May 2023. All of these federal lawsuits include claims that the agencies approving the projects violated the National Environmental Policy Act, among other federal causes of action.
Mondaq
FEBRUARY 28, 2022
The Montreal Convention provides the sole cause of action where a passenger is injured or killed in the course of carriage by air.
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