Patently O

MAY 17, 2021

5] This lawsuit was filed in California against PerDiemCo, and so the personal jurisdiction question boils down to whether PerDiemCo has directed its activities toward California in a way that makes jurisdiction fair, just, and reasonable according to our traditions. [6]. In 2019, Trimble and ISE sued for declaratory judgment.

Litigation 110

Litigation Litigating Cause of Action Court 110

The Fashion Law

JULY 19, 2021

District Court for the Central District of California states that the parties “agreed to a settlement in principle and will finalize the outstanding matters before the pretrial conference scheduled for July 16, 2021, with the district judge.” In an order on July 15, Magistrate Judge Rozella Oliver of the U.S.

Depose 144

Depose Depositions Manufacturing Cause of Action 144

JonathanTurley

SEPTEMBER 22, 2021

Students at California Lutheran University have filed a federal defamation lawsuit against the school for defamation and false light after the school denounced softball players and coaches as racists for a college skit. ” There are 13 claims: FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT. SECOND CAUSE OF ACTION FOR SLANDER.

Cause of Action 33

Cause of Action Construction Contract Tort 33

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Cause of Action 112

Cause of Action Court Laws Legal 112

SCOTUSBlog

JUNE 25, 2021

Ramirez came in a dispute that arose when a California man, Sergio Ramirez, attempted to buy a car. Although Congress has sometimes passed statutes that give someone a “cause of action” when a federal law has been violated, Kavanaugh wrote, that is not enough, by itself, to give a plaintiff the right to sue in federal court.

Court 119

Court Cause of Action Statute Court Rules 119

ClimateChange-ClimateLaw

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F.

Litigation 52

Litigation Litigating Tort Cause of Action 52

The Fashion Law

JULY 21, 2021

In the complaint that it filed in a federal court in California on Monday, Nike claims that Customs By Ilene, Inc., ” Corona, California-based Drip Creationz does not stop there, though, per Nike. In the complaint that it filed in a federal court in California on Monday, Nike claims that Customs By Ilene, Inc.,

Cause of Action 145

Cause of Action Manufacturing Legal Legal 145

The Fashion Law

JUNE 1, 2021

District Court for the Central District of California back in April 2016, accusing the Swedish fast fashion giant of infringing one of its geometric patterns – by way of a “remarkably similar” print – for two styles of garments, a jacket and a skirt.

Court 139

Court Cause of Action Statute Laws 139

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

Drafting Legal Legal Contract 98

The Fashion Law

OCTOBER 25, 2021

A month later, Great Eros filed a copyright infringement and unfair competition complaint against Bernstein, WWW, their manufacturing partner Onia, and retailers Saks Fifth Avenue, ShopBop, and Carbon 38 (the “defendants”) in a California federal court, arguing that the WWW pattern is a direct rip-off of one that it began using several years ago. .

Court 79

Court Cause of Action Manufacturing Drafting 79

SCOTUSBlog

APRIL 2, 2022

City of Oakland, California v. Issue : Whether a court may deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing.”. Oakland Raiders. Disclosure : Goldstein & Russell, P.C.,

Government 101

Government Statute Cause of Action Entertainment 101

The IP Law Blog

MARCH 23, 2023

The license agreement between Evox and Chrome contained a provision that “[n]o action, regardless of form, arising out of this agreement may be brought by either party more than two years after the cause of action arose.” Normally, the statute of limitations for a copyright violation is three years.

Statute 98

Statute Cause of Action Court Contract 98

At the Lectern

AUGUST 22, 2024

the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule. The economic loss rule generally prohibits plaintiffs from recovering tort damages in cases involving breaches of contract that cause only economic losses. Uber Technologies, Inc.

Contract 40

Contract Cause of Action Tort Technology 40

Patently O

MARCH 25, 2021

2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. The decision suggested to many that defendant’s connections should have a causal-link with the cause of action. Those who have read BMS know that it was about sales of Plavix.

Court 63

Court Cause of Action Manufacturing Litigation 63

The Fashion Law

APRIL 26, 2021

District Court for the Northern District of California, Facebook, Inc. Against that background, Gucci alerted Facebook to Kokhtenko’s activity, which prompted the Menlo Park, California-based company to make its latest attempts to disable her accounts. According to the joint lawsuit that they filed on Monday in the U.S.

Manufacturing 105

Manufacturing Cause of Action Contract Litigation 105

SCOTUSBlog

JANUARY 19, 2022

Stentor would require the application of California choice-of-law doctrines. 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.

Laws 122

Laws Court Cause of Action Government 122

The IP Law Blog

JANUARY 27, 2022

True Wearables”) and Dr. Marcelo Lamego alleging a number of causes of action, including misappropriation of trade secrets. The District Court for the Central District of California evaluated the Winter factors to determine whether to grant the motion for preliminary injunction. Masimo Corporation and Ceracor Labortories, Inc.

Cause of Action 98

Cause of Action Court 98

At the Lectern

JULY 18, 2024

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.” In Rosenberg-Wohl v.

Cause of Action 45

Cause of Action Statute Court Decisions Court 45

The Fashion Law

AUGUST 19, 2021

In an order this month, a California federal judge held that a party enlisted to endorse a product may be liable for trademark infringement for promoting a product with an infringing name. Code § 17500 claims, but has given Petunia the opportunity to amend its complaint in connection with the latter causes of action. & Prof.

Cause of Action 88

Cause of Action Diligence Court Attorney 88

At the Lectern

JULY 23, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? The court granted review in March 2020. See here.).

Cause of Action 49

Cause of Action Felony Calendaring Statute 49

At the Lectern

SEPTEMBER 16, 2022

In a lawsuit involving a loan collateralized by bitcoin, the court limited the issue to be briefed and argued to: “Did the Court of Appeal correctly hold that this action must remain in California despite the contractual forum selection clause?” Covid statute of limitations. See write-up of People v. Churchill here.)

Court 56

Court Statute Cause of Action Laws 56

Conflict of Laws

JUNE 23, 2024

The South African Supreme Court of Appeal held that “The California Court Orders do not constitute a liquid document evidencing an unconditional acknowledgment of indebtedness, in a fixed sum of money. This is because it had been converted into a liquid and executable money judgment under California law.

Court 52

Court Cause of Action Laws Legal 52

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. Lewis , 138 S.Ct.

Cause of Action 52

Cause of Action Court Constitutional Law Contract 52

SCOTUSBlog

JANUARY 8, 2024

9, the justices will hear the case of a California man who argues that fees he faced when trying to build on his property violate his rights. California Coastal Commission and Dolan v. Texas argues that it is up to Congress to create a cause of action for Fifth Amendment takings clause claims against states, which it has not done.

Government 96

Government Statute Court Cause of Action 96

The Fashion Law

DECEMBER 20, 2021

Lululemon has responded to Peloton’s declaratory judgment action with a counter suit , arguing that the New York-based Peloton is on the hook for design patent and trade dress infringement in connection with its sale of “copycat” athleticwear on the heels of pulling the plug on the parties’ 5-year-long co-branding partnership. Drip Creationz.

Laws 97

Laws Cause of Action Litigation Litigating 97

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. LegisPro is currently used by the California Legislature, the U.S. This is Stodder’s perspective on the lawsuit. Mark Stodder.

Drafting 98

Drafting Technology Government Law Firms 98

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.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

ClimateChange-ClimateLaw

MAY 12, 2023

Background on the cases Starting in 2017 with three cases filed in California, cities, counties, and states across the country filed suits against fossil fuel companies. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.

Court 64

Court Court Decisions Government Laws 64

Strictly Business

OCTOBER 30, 2017

While it is a California state law, it is not limited to companies or servers physically located in the state; rather, any company that collects personal information on California residents (which covers many websites), must comply with the law.

Laws 52

Laws Government Litigation Litigating 52

JonathanTurley

SEPTEMBER 21, 2021

Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor. Devin Nunes against journalist Ryan Lizza who now writes for Politico. Restatement (Second) of Torts § 577A(3) (Am.

Tort 58

Tort Immigration Cause of Action Court Rules 58

LawSites

NOVEMBER 29, 2022

A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea.

Drafting 52

Drafting Law Firms Law Firm Laws 52

Conflict of Laws

DECEMBER 16, 2020

This basis requires that a significant connection exist between the cause of action and the foreign court. Such a connection could include the fact that the cause of action arose in the jurisdiction of the foreign court, or that jurisdiction was the place in which the contractual obligation was to be performed.

Laws 52

Laws Court Cause of Action Litigation 52

At the Lectern

JULY 28, 2022

A plastic surgery group filed a cross-complaint against the petitioner alleging causes of action arising from the purchase of a product the petitioner manufactured. shall reimburse providers for emergency services and care provided to its enrollees.” ” Here are the petition for review , answer , and reply.

Government 49

Government Court Contract Cause of Action 49

Conflict of Laws

JANUARY 10, 2022

By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6] California 2016) and Douez v Facebook [2017] SCC 33; discussed further in J. Hörnle fn 1 Chapter 8. [5]

Tort 75

Tort Litigation Litigating Finance 75

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Like the district court, the Ninth Circuit rejected an argument that the regulations were a “project” subject to the California Environmental Quality Act (CEQA) because the rules could impact the environment by increasing “deadhead” trips to and from the airport. 1:20-cv-00056 (D.D.C. Union of Concerned Scientists v. 19-1230 (D.C.

Court 59

Court Government Litigating Litigation 59

JURIST

DECEMBER 6, 2021

The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e.

Compensatory Damages 211

Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

SCOTUSBlog

JANUARY 16, 2022

In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. That question turned on whether California law or Spanish law governed. The full painting.

Tort 121

Tort Court Laws Litigation 121