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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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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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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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. In Thursday’s ruling in Cummings v. The post Court rules against plaintiff seeking emotional distress damages for discrimination appeared first on SCOTUSblog.

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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. Friday’s ruling in TransUnion v. To demonstrate such a stake, he explained, plaintiffs must show an injury “that the defendant caused and the court can remedy.”

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FDA Law Blog

JULY 8, 2024

By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. Jarkesy.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government. government.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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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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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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Law 360

JANUARY 31, 2023

Insurers for a glass manufacturer cannot pursue most of their claims against two contractors over a 2017 factory explosion, a Michigan federal court ruled, saying waiver of subrogation clauses in the underlying service contracts bar all causes of action except those arising from gross negligence.

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LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S.

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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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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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Patently O

JANUARY 4, 2024

Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. The two cases were consolidated before the district court, though no joint defense agreement existed between the co-defendants. A key case on point is Iowa S. Cannon , 789 N.W.2d

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Day on Torts

MARCH 30, 2021

Plaintiff filed a civil action in general sessions court against the driver on March 3, 2017, but the driver had died on December 7, 2016. Plaintiff filed a “re-issued” civil summons in the sessions court on January 31, 2018, which was served on the defendant as the personal representative. Code Ann. § 20-5-103). . §

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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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 District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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Day on Torts

FEBRUARY 2, 2023

The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. Continue reading

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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. They sued Shell in English courts. The case at hand is an appeal on a part of an earlier rulings. This occurred some weeks after the spill.

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Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

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SCOTUSBlog

MARCH 17, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, at what stage of litigation the ministerial exception should come into play. Both a federal district court and the U.S.

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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. The district court agreed, finding their contributions were significant to the conception of the claimed invention. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

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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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Day on Torts

JANUARY 11, 2021

The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. If the GTLA removes immunity, then the common law rule of immunity under the Public Duty Doctrine provides an additional layer of defense and is the next level of inquiry for the court.

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Day on Torts

FEBRUARY 18, 2021

The trial court agreed, dismissing the action, and the Court of Appeals affirmed. The Court of Appeals agreed with defendants. Plaintiff here argued that the statute of limitations for her claims began to run on different days for different defendants, and this argument was clearly rejected by the Court of Appeals.

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Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. 29-20-205[.]”

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Day on Torts

MAY 11, 2022

Plaintiff filed his HCLA complaint against the non-State employees in circuit court, and he filed his complaint against the State with the Division of Claims and Risk Management. On appeal, that ruling was reversed. The Court of Appeals began by looking at Tenn. Code Ann. § In Dotson v. State , No. E2019-00325-COA-R9-CV (Tenn.

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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. Sullivan , which a lower court could not set aside.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

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Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

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Day on Torts

APRIL 29, 2021

Defendants moved to dismiss, arguing that the HCLA required plaintiff to send a pre-suit notice before this second suit was filed, and the trial court agreed, dismissing the case. Simply put, [defendants] were no longer on notice that [plaintiff] might pursue a cause of action for health care liability against them. Code Ann. §

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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 which dealt with service outside Australia.

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Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria.

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Day on Torts

MARCH 10, 2021

Where plaintiff alleged that defendant doctor committed intentional misrepresentation and medical battery by stating that he was board-certified in plastic surgery when he was not, the Tennessee Court of Appeals affirmed the ruling that these claims were not governed by Tennessee’s HCLA. In Cooper v. Mandy , No. citing Franks v.

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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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Day on Torts

MAY 3, 2022

After the shooting, plaintiff filed this suit against defendant Perry County claiming that “the deputy sheriff’s failure to investigate the death threats and arrest [husband] was the proximate cause of her injuries.” The Court reasoned: We conclude that the acts alleged in the complaint are operational. internal citations omitted).

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