At the Lectern
JULY 18, 2024
.” The court concludes the insured’s action is an “essentially ‘preventive’ ” one “to which neither the standard policy’s language [provided by statute], nor the policy reasons underlying the Legislature’s authorization of a one-year limitations period for filing certain kinds of claims-related lawsuits, applies.”
Mondaq
JUNE 13, 2022
In this appeal, the Eighth Appellate District affirmed the trial court's decision, agreeing that Ohio's Uniform Trade Secret Act broadly preempts not only causes of action for misappropriation of trade secrets but also causes of.
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FDA Law Blog
JULY 8, 2024
That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive. According to the Court, the remedy is considered the more important factor. The impact on FDA matters could be significant.
Constitutional Law Reporter
FEBRUARY 28, 2024
As Justice Gorsuch explained, the Court has found a clear waiver of sovereign immunity in just two situations. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. agency,” §1681a(b), and that applies to the entire Act.
Conflict of Laws
MAY 31, 2021
However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State.
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.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent.
Constitutional Law Reporter
JUNE 1, 2023
Justice Kavanaugh first noted that, as a general matter, the statute of limitations begins to run when the plaintiff has a “complete and present cause of action.” To determine when a plaintiff has a complete and present cause of action, the Court focuses first on the specific constitutional right alleged to have been infringed.
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