JURIST

FEBRUARY 9, 2024

In a unanimous slip opinion, the US Supreme Court ruled on Thursday that the Fair Credit Reporting Act (FCRA) waives sovereign immunity and that the federal government can be liable for incorrect debt reporting that damages credit scores. Justice Neil Gorsuch authored the opinion of the court.

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Court Rules Government Court Small Business 245

JURIST

APRIL 9, 2023

The First Circuit Court of the State of Hawai’i Thursday rejected a motion to dismiss by the Hawai’i Department of Transportation to dismiss a lawsuit alleging the department is violating the state constitution by failing to reduce greenhouse gas (GHG) emissions.

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Cause of Action Court Court Rules Laws 197

JURIST

DECEMBER 28, 2022

The US Court of Appeals for the Ninth Circuit Wednesday reversed a ruling holding that the Children’s Online Privacy Protection Act (COPPA) preempts state law causes of action against Google for collecting data from children’s online behavior. Circuit Judge M. Margaret McKeown authored the three-judge panel decision.

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Court Rules Cause of Action Court Laws 138

Day on Torts

DECEMBER 4, 2024

Tennessee does not recognize a common law cause of action for wrongful foreclosure. 14, 2024), the Tennessee Supreme Court held that there is no tort for wrongful foreclosure in Tennessee. The Court of Appeals agreed with plaintiff that notice was required, and it reversed summary judgment on the wrongful foreclosure claim.

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Cause of Action Tort Court Laws 52

JURIST

AUGUST 16, 2022

The group filed the lawsuit in the US District Court for the Southern District of New York. The complaint sets forth a cause of action arising from the CIA’s Fourth Amendment violations. According to the US Supreme Court in Bivens v. The Fourth Amendment protects US citizens from unreasonable search and seizure.

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Lawyer Lawyers Cause of Action Court Rules 46

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.

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Cause of Action Court Tort Immigration 52

SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. It should be enough to validate the congressional scheme that the features of the securities cause of action here do not match the elements of the 18th century cause of action for fraud.

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Cause of Action Court Administrative Law Statute 145

JURIST

MARCH 5, 2021

The Indian Supreme Court on Wednesday dismissed a civil writ petition against Dr Farooq Abdullah, a Member of the Lok Sabha (lower house of Parliament) from the Jammu & Kashmir National Conference party and a former Chief Minister of the erstwhile state of Jammu & Kashmir. 50,000 ($684) to “discourage such endeavours.”

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Court Cause of Action Depositions Government 151

JURIST

AUGUST 8, 2024

The Ontario Superior Court of Justice (ONSC) certified a class action lawsuit on Tuesday involving the Canadian federal government and the detention of 8,360 immigration detainees in 87 provincial prisons across Canada. According to the manual, immigration detention is “administrative detention and must not be punitive in nature.”

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Immigration Government Cause of Action Court 129

JURIST

MARCH 7, 2023

The High Court of Australia Tuesday began hearing submissions that a Facebook app tied to the Cambridge Analytica scandal contravened national privacy laws. The case follows numerous court actions in the UK and the US for breaches of privacy relating to the Cambridge Analytica scandal which affected 50 million Facebook users.

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Prima Facie Case Court Cause of Action Construction 163

JURIST

FEBRUARY 11, 2022

In a complaint filed at the Alameda County Superior Court, the DFEH alleged “unchecked racism” in Tesla’s Fremont factory. It also includes causes of action for the failure to prevent discrimination under the FEHA and for unequal pay under the Labor Code.

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Punitive Damages Cause of Action Human Resources Contract 211

JURIST

DECEMBER 25, 2022

The United States Court of Appeals for the DC Circuit Friday ruled that employees who work for US-based companies overseas are not protected by the Sarbanes-Oxley Act , which protects employees of publicly traded companies who report illegal activity by their employers.

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Court Rules Cause of Action Court Laws 104

SCOTUSBlog

NOVEMBER 22, 2021

Share Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. As the court confirmed last year in Florida v. The post Court unanimously favors Tennessee in groundwater dispute with Mississippi appeared first on SCOTUSblog.

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SCOTUSBlog

JUNE 8, 2022

Share Continuing an unbroken decades-long run, the Supreme Court on Wednesday refused to extend the right to sue federal officers for damages under Bivens v. Court of Appeals for the 9th Circuit allowed both claims to go forward. On Wednesday, the Supreme Court reversed. Six Unknown Named Agents.

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Cause of Action Court Immigration Laws 103

JURIST

DECEMBER 17, 2020

A judge for the US District Court for the Middle District of Alabama dismissed a lawsuit Tuesday challenging the state’s COVID-19 mask mandate. The court found that the complaint was a “shotgun complaint.” Parties, causes of action, injuries, causation, and redressability should be specific and match.

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Cause of Action Legal Legal Court 131

SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.”

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JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Stewart argued that the FTC Act review provisions authorizes courts of appeals to review final commission orders. .”

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Court Cause of Action Statute Legal 118

SCOTUSBlog

JUNE 25, 2021

Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. A jury sided with the consumers and ordered TransUnion to pay more than $60 million in damages, though a federal appeals court later reduced the verdict to $40 million.

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Court Cause of Action Statute Court Rules 120

At the Lectern

JULY 6, 2023

Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says. In Kuciemba v.

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Cause of Action Tort Construction Court 45

Conflict of Laws

MARCH 30, 2024

Tower Vision Limited , [1] the Delhi High Court (“HC”) held that an appeal before an Indian civil court was infructuous due to a consent order passed by the Tel Aviv District Court in a matter arising out of the same cause of action. The Indian Supreme Court in Modi Entertainment v.

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Litigating Litigation Cause of Action Court 75

Patently O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. As a matter of fact, this is an illegal [theft-by-]taking, and Edible can introduce evidence within the framework of the Complaint to prove each cause of action. by Dennis Crouch. Edible IP v.

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Cause of Action Court Statute Laws 100

Mondaq

JULY 26, 2021

A New Jersey trial court recently granted summary judgment in favor of a national bank, finding that the New Jersey Uniform Fiduciaries Law ("UFL") does not permit an affirmative cause of action.

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Cause of Action Laws Court 40

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.

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Statute Cause of Action Contract Finance 104

SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

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Court Rules Contract Court Statute 98

SCOTUSBlog

JUNE 8, 2022

Canada border, the Supreme Court in Egbert v. Boule narrowed, but did not eliminate, private civil damages actions for constitutional violations by federal officials under Bivens v. The majority’s conclusion is unsurprising, given that the court has rejected every Bivens claim since 1980. citizen plaintiff, actions on the U.S.

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Court Cause of Action Government Litigating 113

SCOTUSBlog

MARCH 31, 2025

The Supreme Court held last week that the answer is yes. The first is Section 544, which creates a federal cause of action allowing the bankrupt to recover funds it paid out before bankruptcy whenever the transfer is voidable under applicable law. It does not change the substantive requirements of the claim itself.

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Statute Cause of Action Government Law School 59

The Fashion Law

JUNE 1, 2021

The years-long legal battle between H&M and pattern-making company Unicolors is going before the Supreme Court. The appeals court held that a collection of works may be registered under a single-unit registration, but that is only an option when the works were first published in a singular, bundled unit.

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Court Cause of Action Statute Laws 139

JURIST

JANUARY 4, 2023

A federal California court Tuesday dismissed Ali Al-Ahmed’s lawsuit against Twitter Inc. US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. for suspending his account.

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Cause of Action Statute Court Laws 104

SCOTUSBlog

AUGUST 19, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The court heard one set of these suits in 2020, against the Treasury Department and the agency created as Fannie Mae and Freddie Mac’s conservator, the Federal Housing Finance Agency. The court in Collins v.

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Court Government Cause of Action Finance 109

SCOTUSBlog

JANUARY 19, 2022

Share The Supreme Court heard argument on Tuesday in Cassirer v. Court of Appeals for the 9th Circuit’s precedent, cases brought under the FSIA are different: In those cases, choice of law is governed by federal common law rather than by state law. Thyssen-Bornemisza Collection Foundation. But under the U.S. Stauber readily agreed.

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Laws Court Cause of Action Government 123

Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014). Aktiebolag v.

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Statute Cause of Action Court Litigating 124

Conflict of Laws

NOVEMBER 9, 2023

A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Simultaneously, the defendants filed a suit in the United States District Court, asserting non-infringement of the plaintiffs’ rights. Brainlink International Inc., [1]

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Cause of Action Court Entertainment Court Rules 69

HowAppealing

FEBRUARY 17, 2022

Court of Appeals for the Fifth Circuit issued today. In his dissenting opinion , Circuit Judge Jerry E. ” Perhaps the majority agrees. ” Perhaps the majority agrees. Why else shrink behind an unsigned and unpublished opinion?

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Cause of Action Statute Court Laws 100

JURIST

SEPTEMBER 21, 2022

Alianza Americas Tuesday filed a class-action lawsuit against Florida Governor Ron DeSantis on behalf of nearly 50 migrants flown from San Antonio, Texas, to Martha’s Vineyard, Massachusetts. The case is in federal court in the US District Court for the District of Massachusetts.

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Punitive Damages Cause of Action Education Court 104

Conflict of Laws

MAY 31, 2021

In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.

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Contract Cause of Action Court Laws 98

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. The Hawai‘i Circuit Court’s decision. By Korey Silverman-Roati. Background.

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Court Tort Cause of Action Litigating 85

The Fashion Law

OCTOBER 11, 2021

Amid an existing battle over lookalike logos , Walmart and Yeezy are facing off in court, as well, after Yeezy and its founder Kanye West filed suit against Walmart and a handful of unnamed third-party Walmart sellers over the sale of copycat Yeezy foam runner footwear on the retail behemoth’s third-party marketplace site.

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Demurrer Cause of Action Laws Court 108