Cause of Action? Personal Injury 101
LegalReader
JANUARY 15, 2021
Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.
Lawyers Shouldn’t Be Afraid To Concede Weaker Points At Oral Arguments
Above The Law
MARCH 14, 2025
However, at oral argument, I explicitly told the judge that I thought that two of the causes of action really warranted dismissal and a more thorough look from the court and that I understood if the court did not want to dismiss the other causes of action.
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What Your Financial Statements Are Telling You—And How to Listen!
Uncovering The Hidden Connections: A Patent Family Survival Guide
Trending Sources
Westlaw Precision: Next-Generation Legal Research With a Human Touch
Attorney at Work
SEPTEMBER 14, 2022
While Westlaw Edge introduced artificial intelligence technology to Westlaw, this new version harnesses the human touch, deploying hundreds of newly hired Westlaw attorney editors over the past two years to manually review and tag a staggering amount of data. Precision Research. KeyCite Cited With. KeyCite Overruled in Part.
Legal Research 
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California DOJ sues Exxon Mobil over plastic recycling claims
JURIST
SEPTEMBER 24, 2024
California Attorney General Rob Bonta filed a lawsuit Monday against petroleum giant Exxon Mobil alleging the company misled the public about the recyclability of plastic products and plastic pollution.
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Ways to Determine How Much Your Personal Injury Case is Worth
LegalReader
DECEMBER 17, 2020
But because personal injury law encompasses so many situations and causes of action, there is no set number. If you are considering one of these claims, you are probably wondering how much compensation you could recover.
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The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,
Diane Drain
JANUARY 30, 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). 569, 572 (9th Cir. Trinity Fin. LLC , 98 F.Supp.
Statute 104
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Virginia General Assembly approves state-level Voting Rights Act
JURIST
FEBRUARY 27, 2021
The governing body could, in the alternative, submit its proposed changes to the office of the attorney general for prior approval. In addition, the bill creates civil causes of action for certain unlawful acts, including intimidating voters or voting officials, and communicating false information to voters.
Cause of Action 118
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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever
Conflict of Laws
MAY 31, 2021
The purpose of this write up is to briefly highlight the confusion on the concept of jurisdiction in Nigerian conflict of laws through the lens of a very recently reported case (reported last week) of Attorney General of Yobe State v Maska & Ano r. (“ Maska” ). [2]. 10] This approach softens the strict territorial jurisdiction approach.
Contract 98
98 
Plagiarism Police come for Winston & Strawn
Patently O
JANUARY 4, 2024
I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The role of attribution is also receiving increasing focus as attorneys begin to rely more heavily on AI outputs for their legal documents.
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8 Steps to Be the Rockstar Personal Injury Paralegal
Paralegal Bootcamp
AUGUST 5, 2021
The statute of limitations is a time limit on a particular cause of action. When each of these reminders comes up on your calendar, send the attorney a reminder email. . Many firms have resources in-house to help the lawyers and support staff which can be particularly helpful. Know the Statute of Limitations Period.
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New York sues New Jersey over compact governing Port of New York and New Jersey
SCOTUSBlog
APRIL 2, 2022
whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the petitioner in this case. whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the petitioner in this case. Disclosure : Goldstein & Russell, P.C., O’Donnell & Sons, Inc. Ibarguen v.
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Akin Gump Loses Bid To Dismiss Legal Tech Company’s Counterclaims In Suit Over Ownership Of Bill-Drafting Software
LawSites
FEBRUARY 22, 2023
In November, Xcential, a 25-person legal technology company in California, fought back, filing an answer and counterclaim denying that its software was based on Agnello’s idea.
Drafting 98
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Mishandled Disclosures: A Greek Tragedy in IP Law
Patently O
JUNE 6, 2024
Although the case does not involve submission to AI algorithms, some of the questions here are similar to those many IP attorneys are considering when onboarding new AI tools. by Dennis Crouch Neuropublic S.A., And, according to the allegations. IPQuad’s co-founder was previously employed by PatentManiac.
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In term-opener, justices will hear Mississippi’s complaint that Tennessee is stealing its groundwater
SCOTUSBlog
OCTOBER 1, 2021
The court’s decision could fundamentally restructure interstate groundwater law in the United States for decades — or the case could be dismissed immediately on the grounds that Mississippi has failed to allege the proper cause of action. Like most original jurisdiction water cases, Mississippi v.
Cause of Action 124
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Thomson Reuters Unveils Next Generation of Westlaw, Aiming to Make Legal Research Results More Precise
LawSites
SEPTEMBER 14, 2022
It means search results that better match not just the legal issue, but also the outcome, fact pattern, cause of action, motion type and outcome, party type, and area of law. “Now we are also classifying cases by issue outcome, fact pattern, motion type, motion outcome, cause of action, and party type. .
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Condé Nast Says Models Are “Inhibiting Free Speech” in Vogue Runway Lawsuit
The Fashion Law
NOVEMBER 23, 2021
In the answer that it filed on November 13, Condé Nast argues – by way of seventeen affirmative defenses – that the model plaintiffs’ remaining causes of action against it should be dismissed. The case is Champion et al., Moda Operandi, Advance Publications d/b/a/ Conde Nast , 1:20-cv-07255 (SDNY).
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How does the USPTO Decide the Discretionary Aspect of Institution?
Patently O
OCTOBER 11, 2021
US Inventor’s attorney Robert Greenspoon decided to play-it-safe to make sure he preserved his right to appeal by filing a notice of appeal in both courts. At the same time, the actual cause of action does not stem from the patent laws but rather from the Administrative Procedure Act (APA). Where to Appeal?: 251 (2013).
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Hear v. Listen
Legal Research is Easy
OCTOBER 14, 2020
Of course, this brings to my attention a conversation I had with an attorney who I was talking to the other day. Then I started talking about some of my favorite resources like AmJur Proof of Facts , AmJur Trials , and Causes of Action. An imaginary conversation between a couple might go: 'Did you hear what I just said?' 'No,
Court grapples with choice-of-law doctrines in lawsuit seeking to recover painting taken by Nazis
SCOTUSBlog
JANUARY 19, 2022
Boies argued that the same result should apply here based primarily on the text of the FSIA but also on the background principles embodied in the Rules of Decision Act (as implemented by the Erie doctrine ) that state law applies to state causes of action. Stauber readily agreed.
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By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand
The Fashion Law
MAY 12, 2021
million in attorneys’ fees and costs. . million attorney fee award” owed to Coscarelli in connection with the parties’ arbitration. In connection with the various causes of action, she is seeking an award of compensatory, treble, and punitive damages; an award of attorney’s fees and costs; and an award of prejudgment interest. .
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Mobbing Red Wing: Federal Circuit Eases Declaratory Judgment Personal Jurisdiction against Patent Holding Companies
Patently O
MAY 17, 2021
Its sole employee is Robert Babayi–a patent attorney practicing in Washington DC who has apparently never visited the Texas office. Thus, we have contacts and threats of litigation directed toward a resident of California; and these threats relate directly to the eventual cause of action. PerDiemCo owns a number of U.S.
Litigating 110
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GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional
Day on Torts
APRIL 15, 2022
Reid did not incur any attorney’s fees within the meaning of the statute, but the Court rejected this argument. Reid and paid for said counsel, and the trial court correctly awarded the attorneys’ fees to CRMC under the statute. Reid’s counsel filed joint motions, appearances, and briefs as counsel for both Ms.
Statute 59
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Lawsuit By Former Legal Tech Exec Says She is Owed Over $1M In Stock and Was Sexually Harassed
LawSites
MARCH 26, 2024
Three years later, after her options had fully vested and were worth more than $1 million, she alleges that she informed Dwayne Hermes, along with ClaimDeck’s accountants and attorney, that she intended to exercise her right to purchase her options.
Legal 59
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Statute of limitations extended to two years where defendant was given traffic citation after car accident.
Day on Torts
FEBRUARY 8, 2021
C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct. iii) A grand jury; and. (C)
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59 
Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check
Day on Torts
AUGUST 9, 2021
The second element required plaintiff to show that she “could not have discovered the cause of action despite exercising reasonable care and diligence.” Because defendant “remain[ed] silent and fail[ed] to disclose material facts despite a duty to do so,” the first and fourth elements of fraudulent concealment were satisfied.
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Exclusive: You keep using that word; I don’t think you know what it means.
Patently O
MARCH 21, 2021
Lots of work over the years has gone into determining whether a particular cause of action meets the arising under requirement of these provisions. 251 (2013) (patent litigation attorney malpractice lawsuit does not arise under the Patent Act). .” 28 U.S.C. See, for example, Gunn v. Minton , 568 U.S.
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New York’s Proposed Ban on Non-Compete Agreements
Fordham Law News
OCTOBER 2, 2023
14] The new law creates a private cause of action for covered individuals to invalidate a non-compete. [15] 15] The cause of action has a two-year statute of limitations and affected individuals may be awarded an injunction against the employer and payment of damages including lost wages and attorneys’ fees. [16]
September 2024 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
SEPTEMBER 30, 2024
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Zhou v Jing [2023] NSWSC 214 (Australia), [21] Yin v Wu [2023] VSCA 130 (Australia) [22] ). Dawei Gongsun, Partner at DGW Kramer LLP (New York). [1]
Supreme Court will hear election law case with standing issue
At the Lectern
JUNE 24, 2021
The Second District, Division Eight, published opinion held an attorney fee award for the plaintiff-attorney was not too small. In Sujan , the unpublished opinion of the Fourth District, Division Two, held that the plaintiff’s causes of action for. Ari Design & Construction, Inc. ,
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Celebrity Names and Trademark Claims: Insights from the Hobbs Winery Case
Patently O
MAY 28, 2024
The same trademark attorney handled all these cases for Mr. Hobbs through “his” various companies. Thus, because Appellant’s alleged injury is merely derivative of any injury suffered by Hobbs Winery, it is too remote to provide Appellant with a cause of action under § 1064.
Influencers Beware: Molly Sims Cannot Escape Trademark Claim Over Sponsored Blog Post
The Fashion Law
AUGUST 19, 2021
Code § 17500 claims, but has given Petunia the opportunity to amend its complaint in connection with the latter causes of action. & Prof.
I am the smart one: Sideshow Patent Litigation
Patently O
JUNE 5, 2022
Tod Tumey is a Houston-based patent attorney who represents Voice Tech Corp. Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . Tod Tumey v. Mycroft AI ( 8th Cir. Back in 2021, VoiceTech sued Mycroft for patent infringement. Racketeering. 1030; Privacy violations.
Litigation 63
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August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 22, 2023
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Case analyses have been aggregated under the country tags since 2022, so it is now easier to track down relevant cases, together with their information and analyses, in each country/region report.
August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 24, 2022
Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. Renee M Wong, Attorney at Goldberger and Dubin PC (New York); Dr. WANG Yahan, Associate Professor, Henan University School of Law; Mr. Angus Ni, Litigation attorney at AFN Law PLLC (Seattle); Asian Business Law Institute.
Small Tech Company Takes On Major Law Firm Over Ownership of Bill-Drafting Software
LawSites
NOVEMBER 29, 2022
Attorneys at Akin Gump declined to discuss the lawsuit. Akin Gump is being represented by its attorneys Anthony T. Xcential is being represented by Holland & Knight attorneys Cynthia A. Early this month, Xcential fought back with an answer and counterclaim denying that its software was based on Agnello’s idea.
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TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.
Day on Torts
DECEMBER 8, 2022
Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No.
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Introducing the Trade Secret Case Management Judicial Guide
Patently O
FEBRUARY 17, 2023
Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.
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Arbitration at Center of Last Week’s SCOTUS Oral Arguments
Constitutional Law Reporter
APRIL 20, 2022
USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers.
Guest Post: David the Inventor vs. the Biglaw Goliath – What Drives A Goliath To Take On A David?
LawSites
JANUARY 4, 2023
As I reported here in November , the law firm Akin Gump Strauss Hauer & Feld has sued Xcential for misappropriation of trade secrets, breach of contract, and other causes of action. Akin Gump claims one of its attorneys, Louis Agnello , is the actual inventor of Bill Synthesis. The Holy Grail?
Drafting 98
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No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.
Day on Torts
MARCH 22, 2022
Plaintiff’s husband signed the indemnity agreement without reading it or having an attorney review it. Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.”
Contract 52
52 
IEA v. Brazil: When a court accepts the legally disruptive nature of climate change
ClimateChange-ClimateLaw
DECEMBER 21, 2021
In its response to the petition, the Attorney-General for the government claimed an alleged connection between this case and another case filed by the Federal Prosecutor Office before the 7 th Federal Environmental and Agrarian Court of the Judiciary Section of Amazonas ( Federal Prosecutor Office v. Brazil and Federal Prosecutor Office v.
Legal 81
81 
Wrong defendants in certificate of good faith caption should have resulted in dismissal.
Day on Torts
MAY 11, 2022
The Court explained: Claimant’s complaint filed in the Claims Commission is a separate and independent action from the complaint against the other parties filed in circuit court.
Tort 59
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Tiffany & Co., Costco Settle Years-Long Lawsuit Over the Warehouse Chain’s Sale of “Tiffany” Rings
The Fashion Law
JULY 19, 2021
filed suit against Costco in a New York federal court , accusing the Issaquah, Washington-headquartered retail chain of trademark infringement, counterfeiting, and unfair business practices, among other causes of action, and seeking tens of millions of dollars in damages.
Supreme Court will decide easement, sentencing cases
At the Lectern
AUGUST 11, 2022
in which the court granted review last month and then limited the issue to: “Whether an aggrieved employee who has been compelled to arbitrate claims under the Private Attorneys General Act (PAGA) that are ‘premised on Labor Code violations actually sustained by’ the aggrieved employee ( Viking River Cruises, Inc. Uber Technologies, Inc. ,
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