SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.”

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Day on Torts

FEBRUARY 8, 2021

In April 2019, which was more than one year after the accident, plaintiff filed this personal injury action, arguing that instead of being subject to the standard one-year statute of limitations for personal injury claims, the statute of limitations for this case was extended to two years by virtue of Tenn. The Court, however, disagreed.

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Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The lower courts and the UK Supreme court agreed with Shell. Four cases in the House of Lords or Supreme Court’ at [17] ff.

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Day on Torts

JANUARY 11, 2021

Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. The Court next analyzed whether this case fell within the third special duty exception based on the deputy’s alleged reckless conduct. internal citation omitted).

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. The District Court ruled that all class members had Article III standing on each of the three statutory claims. Congress may enact legal prohibitions and obligations.

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Day on Torts

AUGUST 2, 2021

Under the public duty doctrine, public employees and governmental entities are shielded “from suits for injuries that are caused by the employee’s breach of a duty owed to the public at large rather than to the individual plaintiff,” unless one of three special duty exceptions applies. internal citation). internal citations omitted).

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LexForti

JUNE 4, 2023

Dive into an in-depth analysis of the Tata legal case, providing insights into the complexities of cross-border trademark injunctions in India. Introduction Tata Sons, a prominent Indian corporation, recently initiated a legal action. This case has presented intriguing legal considerations.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. In Lindke v.

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Conflict of Laws

APRIL 25, 2024

7] This was rightly rejected by the court, which observed that satisfaction of the gateway depended on the situation which existed at the time application for service out of jurisdiction was filed or heard. A parallel provision to Order 8 rule 1(3) can be found in the Singapore International Commercial Court Rules 2021 (‘SICC Rules’).

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Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14]

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Conflict of Laws

NOVEMBER 9, 2023

Online IP infringement further convolutes matters due to the internet’s omnipresence and accessibility, making the establishment of jurisdiction a complicated process for legal professionals. 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.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” Federal Court in Washington Upheld Forest Restoration Plan. EPA’s brief is due December 15. Williams , No.

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JonathanTurley

NOVEMBER 27, 2022

The filing is particularly interesting because it focuses not as much on the BDSM or bondage bears being marketed by Balenciaga, but the inclusion the image of a child pornography court ruling. The company, however, could face some significant legal challenges over its own role in the campaign. AlisonHowardC.

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JURIST

NOVEMBER 29, 2024

Faced with a public health crisis caused by the opioid epidemic, BC enacted the Opioid Damages and Health Care Costs Recovery Act in 2018. This legislation creates a statutory cause of action against the manufacturers, distributors and consultations of opioid drugs for causing or contributing to opioid-related disease, injury or illness.

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JonathanTurley

FEBRUARY 20, 2021

In fairness to Nunes’ legal team, there was a good-faith argument that New York or Virginia law should apply rather than California’s law. and “without an allegation of special damages, the [AC] does not allege a legally sufficient cause of action [for defamation] under California law.” Companies, Inc.,

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JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” She blamed the kid as “old enough to … follow the rules.”

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Because the balance of factors was likely to shift over time, the court said it would reevaluate the stay if the Eighth Circuit appeal was not resolved in 12 months. The court also denied Minnesota’s motion for attorney fees, concluding that “removal advanced critical legal questions that have not yet been resolved by the higher courts.”

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FDA Law Blog

DECEMBER 3, 2024

We raised the possibility that these civil penalty provisions—likely viewed by proponents of the legislation as hallmark provisions—may be the legislation’s death knell in light of the Supreme Court’s decision in SEC v. If this is a cause of action for civil penalties, it is one that should be treated the same way as in Jarkesy. [In

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SCOTUSBlog

DECEMBER 24, 2020

If the justices take up the border-wall case, it will be the second case added to the court’s docket this term involving the legality of border-wall construction. Department of Justice , after a district court ruled for the challengers, the U.S. Court of Appeals for the 2nd Circuit reversed and allowed the conditions.

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SCOTUSBlog

DECEMBER 1, 2023

One California-based firm, Gibson Dunn, did offer O’Connor a job – as a legal secretary. For the next five years, O’Connor juggled caring for her children with a hodgepodge of legal jobs, ranging from grading bar exams to bankruptcy appointments. O’Connor’s opinion in Jackson v. In a letter to President George W.

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