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.

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Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

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. ” The post California DOJ sues Exxon Mobil over plastic recycling claims appeared first on JURIST - News.

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Cause of Action Technology Attorney 211

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

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Cause of Action Court Laws Legal 112

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.

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Cause of Action Statute Court Decisions Court 45

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.

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Litigating Litigation Cause of Action Court 110

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.

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Litigating Litigation Tort Cause of Action 52

The IP Law Blog

JUNE 10, 2021

New York’s new law brings its treatment of post mortem rights closer to that of California which has had postmortem protection for the right of publicity of celebrities and personalities since 1985. When the Monroe Estate attempted to control the use of Ms.

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Statute Cause of Action Sports Laws 85

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 123

Tort Court Laws Litigating 123

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.

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Drafting Legal Legal Contract 93

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. .

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Court Cause of Action Manufacturing Drafting 79

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.

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Court Cause of Action Laws Legal 52

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.

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Court Cause of Action Manufacturing Litigating 63

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.

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Statute Cause of Action Court Contract 98

SCOTUSBlog

APRIL 15, 2023

Becerra that “crisis pregnancy centers” opposed to abortion were likely to prevail in their First Amendment challenge to a California law that required them to disclose information about the availability of abortion to their patients. Brown , which upheld a nearly identical California ban on conversion therapy.

Cause of Action 76

Cause of Action Tort Court Laws 76

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.).

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Cause of Action Felony Calendaring Statute 49

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.

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Court Cause of Action Statute Court Rules 115

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.,

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Government Statute Cause of Action Litigating 91

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.

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Cause of Action Court Constitutional Law Contract 52

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.)

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Court Statute Cause of Action Laws 56

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.,

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Cause of Action Manufacturing Legal Legal 145

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.

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Cause of Action Diligence Court Attorney 88

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

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 119

Laws Court Cause of Action Government 119

At the Lectern

APRIL 14, 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? Cable News Network, Inc. 2019) 7 Cal.5th

Calendaring 49

Calendaring Statute Cause of Action Tort 49

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.

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Court Court Decisions Government Laws 60

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.

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Drafting Law Firm Law Firms Laws 52

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.

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Drafting Technology Government Law Firm 97

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 Litigating Litigation Cause of Action 105

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 Litigating Litigation 97

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.

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Government Court Contract Cause of Action 49

At the Lectern

JULY 14, 2022

In a published opinion , the Fourth District, Division Two, Court of Appeal held that a previously owned vehicle with some balance remaining on the manufacturer’s express warranty and sold by a retailer unaffiliated with the manufacturer is not a “new motor vehicle” under California’s Song-Beverly Consumer Warranty Act.

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Court Laws Cause of Action Manufacturing 49

The Fashion Law

OCTOBER 11, 2021

in an unfair competition complaint in California state court in June, Walmart is looking to get the case tossed out of court on the basis that it is shielded from liability by Section 230 of the Communications Decency Act. Defamation is not the cause of action at hand here. On the heels of Yeezy and West naming Walmart and co.

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Demurrer Cause of Action Laws Court 108

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 Litigating 52

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]

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Tort Litigating Litigation Finance 75

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.

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Depose Depositions Manufacturing Cause of Action 144

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.” Revived sex assault claims against public entities dissenting vote.

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Court Demurrer Education Statute 49

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.

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Court Government Litigation Litigating 56