SCOTUSBlog

APRIL 28, 2022

Further, the court has analogized spending clause legislation to a contract and has held that funding recipients are on notice that they are subject to those remedies traditionally available in suits for breach of contract. In Thursday’s ruling in Cummings v.

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Court Rules Contract Court Statute 98

At the Lectern

AUGUST 22, 2024

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. the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule.

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LawSites

FEBRUARY 22, 2023

15 , she held that, although Xcential had not demonstrated that Akin and Agnello had instituted a sham proceeding before the USPTO (which would be an exception to the doctrine), the doctrine does not extend to breach of contract claims. In a ruling issued Feb.

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Drafting Legal Legal Contract 98

Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

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Contract Tort Real Estate Cause of Action 52

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 98

The Fashion Law

OCTOBER 11, 2021

Walmart argues that a demurrer is also warranted because West and Yeezy’s claims are barred by Section 230 of the Communications Decency Act, which “preempts the cause of action to the extent that [West and Yeezy are] seeking to hold Walmart liable for the conduct of the seller” of the imitation footwear.

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Demurrer Cause of Action Laws Court 108

Law 360

JANUARY 31, 2023

Insurers for a glass manufacturer cannot pursue most of their claims against two contractors over a 2017 factory explosion, a Michigan federal court ruled, saying waiver of subrogation clauses in the underlying service contracts bar all causes of action except those arising from gross negligence.

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Cause of Action Manufacturing Contract Court Rules 52

Conflict of Laws

MARCH 24, 2025

[8] Another variant of this situation is where C applies for an anti-suit injunction restraining Bs action against C as being in breach of the jurisdiction clause. The head charter and sub-charter contracts each contained a law and arbitration clause for English law and arbitration in Singapore. 1] [2024] SGCA(I) 8; [2024] 2 SLR 279.

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Tort Contract Court Construction 45

Mondaq

AUGUST 10, 2021

Collateral warranties typically grant a contractual cause of action to third parties. The contractual matrix of commercial construction projects commonly includes collateral warranties.

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Construction Cause of Action Contract 40

SAV Paralegal Services

AUGUST 3, 2022

Rule 12 of the Rules of the Small Claims Courts provides for an option for the Court to strike out a Plaintiff’s claim or a Defence if it discloses no reasonable cause of action. Plaintiff claimed there was a breach of the contract and negligent misrepresentation as grounds to claim damages.

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Paralegal Services Paralegal Paralegals Cause of Action 98

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

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Conflict of Laws

APRIL 13, 2023

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

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Laws Procedural Law Contract Government 98

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

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Statute Court Contract Tort 101

Patently O

MARCH 21, 2021

The second provision relates to appellate courts: The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction over final decisions from US district courts “in any civil action arising under. An example is a breach of contract dispute between two parties from the same U.S. ” 28 U.S.C.

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Contract Statute Court Cause of Action 100

LawSites

MARCH 21, 2024

In addition to the names of the parties and the jurisdiction, Ai.law asks you to provide: Causes of action. (If Smith Contracting, a business built on the bedrock of honest work and community service, has been thrust into the shadow of scandal by a story as false as it is damaging. Any issues likely to be contentious.

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SCOTUSBlog

NOVEMBER 7, 2022

These statutes operate as contracts between the United States and those receiving funds—the United States offers money in exchange for recipients providing services to private individuals, who function as third-party beneficiaries of that contract. Separation of powers and federalism principles strengthen that conclusion.

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Stare Decisis Statute Court Contract 98

Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. 29-20-205, which states that immunity is not removed “if the injury arises out of…interference with contract rights.” At issue here was Tenn. Code Ann. § Continue reading

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Tort Contract Cause of Action Construction 59

Day on Torts

MARCH 30, 2023

Plaintiffs filed suit for breach of contract, negligence, negligent misrepresentation, and intentional misrepresentation, but the trial court granted summary judgment for defendants based on the “as is” nature of the purchase agreement. On remand, the trial court entered a new order granting summary judgment. Continue reading

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Cause of Action Contract Court 59

NewmanFerraraLLP

MARCH 24, 2023

TOWN LAW DIDN’T PERMIT A LATE FILING After a construction company wasn’t paid for highway repair work it performed for the T own of Pendleton , a lawsuit was filed alleging “breach of contract, unjust enrichment and quantum meruit.” ” And unlike other comparable laws, this statute did not permit a late filing.

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Cause of Action Construction Statute Contract 52

SCOTUSBlog

APRIL 9, 2021

4617(b)(12). Warsaw Orthopedic Inc. Issue : Whether a federal court with exclusive jurisdiction over a claim may abstain in favor of a state court with no jurisdiction over that claim.

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Statute Cause of Action Court Finance 113

The Fashion Law

MAY 18, 2021

As a result, the plaintiffs have set forth an array of claims against the defendants, including breach of contract, breach of fiduciary duty, and breach of good faith and fair dealing, and two causes of action – tortious interference with contract and fraudulent inducement – against Claudio Del Vecchio, alone, in his personal capacity, arguing that (..)

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Legal Legal Contract Cause of Action 82

Patently O

DECEMBER 4, 2020

In the early 2000s, the companies reached some form of a tacit agreement — although without an express contract. The TTAB particularly found a binding contract between the parties where Australian Therapy gave-up its rights to use the mark in the US: . The evidence shows that the parties reached an agreement. 3d 1270, 1274 (Fed.

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Contract Cause of Action Statute Court 60

JonathanTurley

NOVEMBER 23, 2021

They allege a mix of contractual and tort claims: Cause of Action 1 (Breach of Contract), Cause of Action 2 (Promissory Estoppel), Cause of Action 3 (Intentional Interference With Prospective Business Relationships), Cause of Action 4 (Defamation), Cause of Action 5 (Unreasonable Publicity), Cause of Action 6 (False Light), and Cause of Action 7 (Intentional (..)

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Cause of Action Laws Law School Tort 50

JonathanTurley

SEPTEMBER 22, 2021

.” There are 13 claims: FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT. SECOND CAUSE OF ACTION FOR SLANDER. THIRD CAUSE OF ACTION FOR LIBEL. FOURTH CAUSE OF ACTION FOR FALSE LIGHT. FIFTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.

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Cause of Action Construction Contract Tort 35

Day on Torts

MARCH 29, 2022

Shortly after the purchase, plaintiffs discovered the home was contaminated with mold, and they filed this action asserting claims for breach of contract, negligence, gross negligence, negligent misrepresentation, and intentional misrepresentation. Defendants filed a motion for summary judgment, which the trial court granted.

Court 59

Court Real Estate Cause of Action Contract 59

Patently O

MARCH 13, 2021

A person who claims to have been improperly omitted from the list of inventors on a patent may bring a cause of action for correction of inventorship under 35 U.S.C. § In that case, Levin sued Septodent for breach of contract associated with payments on a patent sale agreement. Septodont Inc., 65 (4th Cir. 2002)(unpublished).

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Cause of Action Contract Court Laws 91

ClimateChange-ClimateLaw

JUNE 15, 2012

The complaint asserted four causes of action relating to the legality of New York’s participation in RGGI. The fourth cause of action raised the question of whether RGGI violates the Compact Clause as a multistate contract not authorized by Congress.

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Cause of Action Contract Court Decisions Legal 40

SAV Paralegal Services

OCTOBER 30, 2021

They may help you to structure your pleading correctly, outlining the cause of action or relying on defence in a clear and precise language that is understandable for the Judge. For a relatively small fee, your pleadings or motion will be drafted properly, whether you will be claiming in contract or in tort. .

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Paralegal Paralegals Contract Litigation 52

LexForti

JUNE 4, 2021

Furthermore, the aforementioned provision also stipulates that the suit may also be filed before the court within the local limits of the opponent, wherein a part or the whole of the cause of action is witnessed to arise. Where part or whole of the cause of action arises. In the case of A.B.C. Laminart Private Limited v.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

The Fashion Law

APRIL 26, 2021

The fashion brand sets out trademark infringement, counterfeiting, and federal and state unfair competition causes of action against Kokhtenko, while Facebook claims that she is on the hook for breach of contract by virtue of her alleged failure to adhere to both Facebook and Instagram’s terms of use. “By

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Manufacturing Cause of Action Contract Litigation 105

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

LawSites

MARCH 26, 2024

Based on these allegations, Diaz-Roa’s complaint states causes of action for sexual harassment, breach of contract, deprivation of earned compensation, and others, and requests appropriate damages.

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The Fashion Law

MAY 12, 2021

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. . The case is Chloe Coscarelli, et al.

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Punitive Damages Cause of Action Attorney Contract 102

LawSites

NOVEMBER 29, 2022

It asserts that Akin Gump then “breached the implied contract by rejecting the project as soon as financial terms were discussed and tried to file a patent on the work Xcential performed.”.

Drafting 52

Drafting Law Firm Law Firms Laws 52

Day on Torts

MAY 5, 2021

. § 56-7-111 states that “when an insured property owner’s home or other structure sustains more than $1,000 in damages, the property or casualty insurance company shall name the general contractor of an uncompleted construction contract as a payee when issuing payment to the owner for the loss.”

Statute 59

Statute Construction Misdemeanor Cause of Action 59

At the Lectern

JULY 20, 2023

A partially divided Fourth District, Division One, Court of Appeal, published opinion reversed the dismissal on demurrer of a mother’s action for the distress she suffered when speaking on the phone with her daughter as the daughter was involved in a car crash allegedly caused by the defendants’ negligence.

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Law School Demurrer Manufacturing Contract 40

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. ” Horvitz & Levy filed the successful petition for review. ” Here are the petition for review , answer , and reply.

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Government Court Contract Cause of Action 49