article thumbnail

Worldwide: Is My Electronic Signature Valid? - McGlinchey Stafford

Mondaq

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.

article thumbnail

Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose Civil Penalties in Administrative Proceedings

FDA Law Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Insurance policy limitations period doesn’t shorten time for UCL lawsuit

At the Lectern

.” 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.”

article thumbnail

Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

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.

article thumbnail

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

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.

article thumbnail

SCOTUS Clarifies Statute of Limitations for APA Claims

Constitutional Law Reporter

According to the majority, an APA claim does not accrue for purposes of §2401(a)’s 6-year statute of limitations until the plaintiff is injured by final agency action.

Statute 52
article thumbnail

SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

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.

Statute 52