SCOTUSBlog

APRIL 2, 2022

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.

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Government Statute Cause of Action Litigation 96

ClimateChange-ClimateLaw

MAY 9, 2024

Still, there is much more to discuss regarding its broader implications for climate litigation. This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. Gender remains an overlooked issue in climate litigation.

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Litigation Litigating Court Legal 109

Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

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Court Cause of Action Laws Contract 69

Conflict of Laws

MARCH 29, 2023

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.

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Court Tort Cause of Action Litigation 52

Patently O

OCTOBER 20, 2022

Oct 17, 2022) is a companion case another recent opinion, Weisner v. Oct 13, 2022). Read my post on Weisner : Dennis Crouch, Distinguishing Collecting Information from Using Information , Patently-O (Oct 17, 2022). Federal litigation begins with a plaintiff filing a complaint. by Dennis Crouch. 4th — (Fed.

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Demurrer Cause of Action Litigation Litigating 83

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. Anderson v.

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Cause of Action Court Tort Immigration 52

Day on Torts

APRIL 15, 2022

M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. April 7, 2022, plaintiff filed suit against twelve defendants after she placed her child for adoption at birth but subsequently changed her mind. In Taylor v. Miriam’s Promise , No. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.

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Statute Attorney Cause of Action Court 59

Conflict of Laws

DECEMBER 19, 2022

Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law.

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Court Cause of Action Laws Legal 52

Patently O

OCTOBER 11, 2021

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. ” 5 U.S.C. Colt Indus.

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Statute Cause of Action Court Laws 78

Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. This opinion is an important read for anyone litigating this issue, especially if the case pertains to decisions made by law enforcement officers. In Haynes v.

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Tort Cause of Action Court Statute 59

JonathanTurley

OCTOBER 30, 2022

The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). In the United States, the original tortfeasor is liable for such injuries caused by negligent rescues.

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Tort Litigation Litigating Manufacturing 33

Conflict of Laws

JUNE 4, 2023

See Béligh Elbalti, “Spontaneous Harmonization and the Liberalization of the Recognition and Enforcement of Foreign Judgments, Japanese Yearbook of Private International Law , Vol. 3174/2021 of 27 January 2022 ). 329/2022 of 14 November 2022 ). 16, 2014, p. 338/2021 of 27 October 2021 ). 375 of 23 May 2023 ).

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Court Legal Legal Cause of Action 52

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. For example, service may be permitted for a proceeding based on a cause of action arising in Australia (item 1), or where the defendant has submitted to the jurisdiction (item 19). The new FCR r 10.42(j)

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Court Prima Facie Case Statute Cause of Action 40

Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K.

Contract 8

Contract Tort Litigation Litigating 8

At the Lectern

JULY 28, 2022

” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. ” The plastic surgeons have argued “the parties merely agreed that Boston courts are an alternative forum for litigation.”

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Government Court Contract Cause of Action 49

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigation Litigating 55

Patently O

MARCH 18, 2024

2022-2170 (Fed. 286 (“no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”) ”) Patent law does not have a specific statute of limitations associated with claims to correct inventorship. 663 (2014).

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Statute Cause of Action Court Rules Litigation 57

The IP Law Blog

JANUARY 11, 2024

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. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.

Personal Injury 62

Personal Injury Statute Cause of Action Court 62

The IP Law Blog

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. In the case, Jane Does v. Reddit, Inc. Reddit moved to dismiss the claim and the U.S. In response, the U.S.

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Statute Cause of Action Court Litigation 96

SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.

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Stare Decisis Court Statute Government 145

SCOTUSBlog

AUGUST 8, 2023

Manufacturers and sellers of ghost gun kits and parts went to court to challenge the rule, arguing that its application to ghost guns was inconsistent with federal firearms laws. Calling the phrase “ghost gun” a “propaganda term that appears nowhere in federal law,” the challengers urged the justices to leave O’Connor’s order in place.

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Court Manufacturing Cause of Action Government 98

The Crime Report

OCTOBER 6, 2023

Under New York state’s 1986 version of the federal RICO Act, the enumerated causes of action in this lawsuit constitute “enterprise corruption,” or an array of fraudulent conduct involving both illegitimate and legitimate businesses.

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Real Estate Attorney Lawyer Lawyers 83

SCOTUSBlog

DECEMBER 1, 2023

We at the Supreme Court mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law, and an eloquent advocate for civics education.” Also like Ginsburg, O’Connor was unable to find work at a law firm even though she was at the top of her class and an editor of the law review.

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