Patently O

OCTOBER 11, 2021

706 authorizing actions to compel agency to stop any behavior that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Constitution to require that the plaintiff identify some concrete harm caused by the defendant’s action (or inaction). That case is now on appeal.

Statute 80

Statute Cause of Action Court Laws 80

Day on Torts

APRIL 15, 2022

Reid filed a motion for attorney’s fees pursuant to Tenn. Plaintiff argued that the statute did not apply to Ms. Reid and that the statute was unconstitutional, but the trial court ultimately granted the motion for attorney’s fees. This appeal followed, and the award of attorney’s fees for Ms. . § Code Ann. §

Statute 59

Statute Attorney Cause of Action Litigation 59

Patently O

MARCH 21, 2021

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. 1338(a) provides Federal district courts with “original jurisdiction of any civil action arising under any Act of Congress relating to patents.” by Dennis Crouch. ” Id. .” ” 28 U.S.C. Minton , 568 U.S.

Contract 100

Contract Statute Court Cause of Action 100

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. I started in with some basics like statutes and cases and he'd respond with a "hmmmm" or an "uh huh?" I started in with some basics like statutes and cases and he'd respond with a "hmmmm" or an "uh huh?"

Paralegal Students 52

Paralegal Students Cause of Action Paralegal Paralegals 52

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 59

Diane Drain

JULY 16, 2021

Arizona Residential Eviction Actions Procedures – effective July 15, 2021. IT IS FURTHER ORDERED beginning on the effective date of this Order, all other eviction cases shall be processed solely under Arizona statutes and rules, except as provided herein. Drain - Phoenix Arizona Bankruptcy Attorney. PLEADINGS.

Calendaring 104

Calendaring Statute Court Cause of Action 104

Patently O

FEBRUARY 22, 2024

All circuit courts accept some form of the discovery rule, but they disagree over a second point — whether damages can reach back beyond the three-year statute of limitations period measured from the date of filing. Plaintiff’s attorney Earnhardt contested this reading. “Our submission is simple.

Statute 69

Statute Court Cause of Action Attorney 69

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. internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

Patently O

MAY 28, 2024

The same trademark attorney handled all these cases for Mr. Hobbs through “his” various companies. In Lexmark , the Supreme Court used slightly different words: Zone of Interest and Proximate Cause. That is, absent injury to Hobbs Winery’s PAUL HOBBS mark, there can be no injury to Appellant.

Cause of Action 85

Cause of Action Court Statute Attorney 85

ClimateChange-ClimateLaw

DECEMBER 2, 2022

They also seek punitive damages, disgorgement of profits, pre-judgment interest, attorneys’ and expert witness fees and other costs, and other equitable, declaratory, and/or injunctive relief “to assure … an effective remedy.”. Cases brought by cities.

Litigation 75

Litigation Litigating Cause of Action Punitive Damages 75

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. Bonni involves the issue of the extent, if any, to which the initiation and conduct of medical peer review proceedings is protected activity under the anti-SLAPP statute.

Court 49

Court Laws Cause of Action Construction 49

Day on Torts

MAY 11, 2022

Notably, subsection (a)(2) specifically states that the certificate of good faith “must certify that ‘there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115.” Click on the link to see the book’s Table of Contents.

Tort 59

Tort Statute Cause of Action Court 59

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

Contract Tort Real Estate Cause of Action 52

Strictly Business

OCTOBER 30, 2017

Additionally, there are a number of federal statutes that apply to specific business activities that implicate data privacy issues. Although these state laws are based on the FTC Act, they are often enforced more aggressively by state attorneys general and private litigants and apply to conduct that would not be illegal under the FTC Act.

Laws 52

Laws Government Litigation Litigating 52

Conflict of Laws

APRIL 25, 2024

The wide-reaching effect of a previous Court of Appeal decision on the interpretation of gateway (n) which covers a claim brought under statutes dealing with serious crimes such as corruption and dug trafficking and ‘any other written law’ is also yet to be grasped by litigants. [5] 5] Li Shengwu v Attorney-General [2019] 1 SLR 1081 (CA).

Cause of Action 69

Cause of Action Court Laws Contract 69

JonathanTurley

OCTOBER 30, 2022

She later deleted her account (likely after her attorney regained consciousness). See Pennsylvania General Assembly Statute §7102. Griffen then appealed and the attorney for the Haunted Hotel quoted Hunter S. The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White.

Tort 48

Tort Litigation Litigating Construction 48

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. Griffen then appealed and the attorney for the Haunted Hotel quoted Hunter S. The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

Tort 50

Tort Litigation Litigating Construction 50

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. CARB and California Attorney General Sought to Join Lawsuit Challenging Port of Los Angeles Project. A20-1513 (Minn.

Court 59

Court Government Litigation Litigating 59

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Pivotal Software v.

Compensatory Damages 101

Compensatory Damages Government Court Cause of Action 101

At the Lectern

OCTOBER 31, 2024

.” It also concluded that the lawsuit’s “allegations demonstrate the type of harm the Legislature sought to prevent in enacting the CMIA–negligence causing a data breach that exposed confidential information to cyber hackers.” 5th 664 about intervention in Private Attorneys General Act actions in (see here ).

Court 49

Court Demurrer Education Statute 49

SCOTUSBlog

JUNE 20, 2024

Court of Appeals for the 11th Circuit held that as a former employee, Stanley lacked a cause of action under the ADA. She claims that the retirement benefits for disabled retirees explicitly treats them worse than others. In Stanley v. rescheduled before the Mar. Kentucky ex rel.

Court 121

Court Laws Government Real Estate 121

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]

Cause of Action 52

Cause of Action Contract Statute Laws 52

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Griffen then appealed and the attorney for the Haunted Hotel quoted Hunter S. The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

Tort 59

Tort Litigation Litigating Construction 59

JonathanTurley

NOVEMBER 27, 2020

Many criminal defense attorneys and torts attorneys give special thanks for a holiday that can involve copious amounts of alcohol, strained family relations, over-the-hill amateur football players, “Black Friday” sale stampedes , and novice cooks. Accordingly, Miller was in violation of a statute in addition to being negligent. __.

Tort 38

Tort Statute Criminal Law Court 38

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. City of Hoboken v. Exxon Mobil Corp. ,

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. The plaintiffs plan to appeal.

Cause of Action 96

Cause of Action Court Government Litigation 96

SCOTUSBlog

NOVEMBER 3, 2021

The district court dismissed the claims against Egbert, noting that causes of action under Bivens v. But a panel of the 9th Circuit reversed, holding that Bivens actions are available for such claims against Border Patrol officers. The statute does not define the term “minister.” Holcombe v. Florida , 21-53.

Cause of Action 90

Cause of Action Court Government Immigration 90

JURIST

MAY 30, 2021

The passed bill enacts Chapter 7-A titled “Fairness in Women’s Sports Act,” inserting Sections 441-446 in Title 4 of the Louisiana Revised Statutes of 1950. The bill now moves to Democratic Governor John Bel Edwards to be signed into law.

Sports 104

Sports Cause of Action Statute Attorney 104

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Massachusetts Court Declined to Dismiss Massachusetts Investor and Consumer Protection Action Against Exxon.

Court 49

Court Litigation Litigating Statute 49