SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States.

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SCOTUSBlog

MARCH 17, 2023

But with four justices — the number it takes to grant a petition — signaling their interest in expanding the independence of religious institutions to make employment decisions, it was only a matter of time before another case came to the court. In Faith Bible Chapel International v.

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Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. In contrast, § 256 provides a separate cause of action to correct the named inventors on a patent, which is not subject to the same congressionally-enacted statute of limitations.

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Statute Cause of Action Court Rules Litigation 59

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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Cause of Action Tort Court Statute 59

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 jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case.

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Statute Finance Government Cause of Action 55

JonathanTurley

SEPTEMBER 21, 2021

There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims. The appellate panel ruled unanimously for Rep. Devin Nunes against journalist Ryan Lizza who now writes for Politico.

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Tort Immigration Cause of Action Court Rules 59

Conflict of Laws

APRIL 25, 2024

3] This objective of this reform was to render it ‘unnecessary for a claimant to scrutinise the long list of permissible cases set out in the existing Rules in the hope of fitting into one or more descriptions.’ [4] 21] Order 8 rule 1(3) is missing the first option.

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Cause of Action Court Laws Contract 69

Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 1] Civil Procedure Rules 2006 (ACT) div 6.8.9;

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. and non-U.S. Zepeda , No. filed Nov.

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Conflict of Laws

AUGUST 22, 2023

786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 3, where the Beijing Fourth Intermediate People’s Court ruled to recognize and enforce a trademark judgment of the Korean Supreme Court. 99 Trade Co.

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Conflict of Laws

SEPTEMBER 30, 2024

1, [14] where the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor. Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added.

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Cause of Action Divorce Lawyer Lawyers 64

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.” particularly those with ravenous monkeys.

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Tort Litigation Litigating Construction 61

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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Litigation Litigating Court Rules Healthcare 104

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”

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JonathanTurley

FEBRUARY 20, 2021

Accordingly, the federal court in New York had to decide where how Virginia courts would likely rule on the “place of the wrong” in this multistate defamation case. It ruled that the Virginia courts would likely apply the California law. The jurisdictional question was a poison pill finding for the litigation.

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SCOTUSBlog

DECEMBER 1, 2023

“This crabbed view of corruption,” O’Connor and Stevens concluded, “ignores precedent, common sense, and the realities of political fundraising exposed by the record in this litigation.” Federal Election Commission , the court overruled McConnell (as well as a 1990 campaign-finance decision, Austin v. In Citizens United v.

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