JURIST

DECEMBER 28, 2022

The US Court of Appeals for the Ninth Circuit Wednesday reversed a ruling holding that the Children’s Online Privacy Protection Act (COPPA) preempts state law causes of action against Google for collecting data from children’s online behavior. Circuit Judge M.

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Court Rules Cause of Action Court Laws 138

Day on Torts

DECEMBER 4, 2024

Tennessee does not recognize a common law cause of action for wrongful foreclosure. 14, 2024), the Tennessee Supreme Court held that there is no tort for wrongful foreclosure in Tennessee. The Supreme Court, however, ruled that no such claim exists in Tennessee. Wilmington Trust, N.A. , 3d — (Tenn.

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Cause of Action Tort Court Laws 52

SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. When it applies, it is because the right in question is a “public” right that would not have required the kind of “[s]ui[t] at common law” to which the Seventh Amendment applies.

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Cause of Action Court Administrative Law Statute 145

JURIST

AUGUST 8, 2024

The Ontario Superior Court of Justice (ONSC) certified a class action lawsuit on Tuesday involving the Canadian federal government and the detention of 8,360 immigration detainees in 87 provincial prisons across Canada. According to the manual, immigration detention is “administrative detention and must not be punitive in nature.”

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Immigration Government Cause of Action Court 129

JURIST

MARCH 5, 2021

The Indian Supreme Court on Wednesday dismissed a civil writ petition against Dr Farooq Abdullah, a Member of the Lok Sabha (lower house of Parliament) from the Jammu & Kashmir National Conference party and a former Chief Minister of the erstwhile state of Jammu & Kashmir. 50,000 ($684) to “discourage such endeavours.”

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Court Cause of Action Depositions Government 151

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.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.

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Cause of Action Court Tort Immigration 52

JURIST

FEBRUARY 11, 2022

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.

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Punitive Damages Cause of Action Human Resources Contract 211

JURIST

MARCH 7, 2023

The High Court of Australia Tuesday began hearing submissions that a Facebook app tied to the Cambridge Analytica scandal contravened national privacy laws. The case follows numerous court actions in the UK and the US for breaches of privacy relating to the Cambridge Analytica scandal which affected 50 million Facebook users.

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Prima Facie Case Court Cause of Action Construction 163

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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Court Rules Cause of Action Court Laws 104

SCOTUSBlog

NOVEMBER 22, 2021

Share Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. Equitable-apportionment law seeks to balance the states’ sovereign interests in water by delineating how exactly the two states will share an interstate waterway. “[W]e

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Court Cause of Action Litigating Litigation 136

SCOTUSBlog

JANUARY 19, 2022

Share The Supreme Court heard argument on Tuesday in Cassirer v. Court of Appeals for the 9th Circuit’s precedent, cases brought under the FSIA are different: In those cases, choice of law is governed by federal common law rather than by state law. Thyssen-Bornemisza Collection Foundation. But under the U.S.

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Laws Court Cause of Action Government 123

SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.”

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Court Statute Cause of Action Legal 145

SCOTUSBlog

JUNE 8, 2022

Share Continuing an unbroken decades-long run, the Supreme Court on Wednesday refused to extend the right to sue federal officers for damages under Bivens v. Court of Appeals for the 9th Circuit allowed both claims to go forward. On Wednesday, the Supreme Court reversed. Six Unknown Named Agents. Robert Boule is a U.S.

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Cause of Action Court Immigration Laws 102

Conflict of Laws

OCTOBER 14, 2024

Information kindly provided by Johannes Ungerer At the University of Oxford, a conference on ‘Characterisation in the Conflict of Laws’ will be held on 20 and 21 March 2025. For more than a century, characterisation has been discussed in the conflict of laws without reaching a consensus on a generally accepted theory.

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Laws Cause of Action Litigating Litigation 102

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. A jury sided with the consumers and ordered TransUnion to pay more than $60 million in damages, though a federal appeals court later reduced the verdict to $40 million.

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Court Cause of Action Statute Court Rules 119

JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Stewart argued that the FTC Act review provisions authorizes courts of appeals to review final commission orders. .”

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Court Cause of Action Statute Legal 118

Patently O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. The following comes from Edible’s brief: Edible’s claim is simple.

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Cause of Action Court Statute Laws 100

Conflict of Laws

MARCH 30, 2024

Written by Tarasha Gupta, student, Jindal Global Law School, Sonipat (India) and Saloni Khanderia, Professor, Jindal Global Law School In its recent judgment in Shiju Jacob Varghese v. The Indian Supreme Court in Modi Entertainment v.

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Litigation Litigating Cause of Action Court 75

Mondaq

JULY 26, 2021

A New Jersey trial court recently granted summary judgment in favor of a national bank, finding that the New Jersey Uniform Fiduciaries Law ("UFL") does not permit an affirmative cause of action.

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Cause of Action Laws Court 40

At the Lectern

JULY 6, 2023

Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says. In Kuciemba v.

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Cause of Action Tort Construction Court 45

Conflict of Laws

APRIL 28, 2025

In every private international law system, the forum state reserves the right to reject the application of a foreign rule that deeply offends the forums fundamental sense of justice and fairness. Standard Oil Co.

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Cause of Action Laws Court 45

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. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

Court Rules 98

Court Rules Contract Court Statute 98

SCOTUSBlog

MARCH 31, 2025

Miller presents the kind of simple facts that populate law-school hypotheticals. The Supreme Court held last week that the answer is yes. The first is Section 544, which creates a federal cause of action allowing the bankrupt to recover funds it paid out before bankruptcy whenever the transfer is voidable under applicable law.

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Statute Cause of Action Government Law School 59

JURIST

JANUARY 4, 2023

A federal California court Tuesday dismissed Ali Al-Ahmed’s lawsuit against Twitter Inc. US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. for suspending his account.

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Cause of Action Statute Court Laws 104

Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

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Laws Procedural Law Contract Government 98

The Fashion Law

JUNE 1, 2021

The years-long legal battle between H&M and pattern-making company Unicolors is going before the Supreme Court. The appeals court held that a collection of works may be registered under a single-unit registration, but that is only an option when the works were first published in a singular, bundled unit.

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Court Cause of Action Statute Laws 139

SCOTUSBlog

JUNE 8, 2022

Canada border, the Supreme Court in Egbert v. Boule narrowed, but did not eliminate, private civil damages actions for constitutional violations by federal officials under Bivens v. The majority’s conclusion is unsurprising, given that the court has rejected every Bivens claim since 1980. citizen plaintiff, actions on the U.S.

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Court Cause of Action Government Litigation 112

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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Contract Cause of Action Court Laws 98

Conflict of Laws

NOVEMBER 9, 2023

Written by Akanksha Oak, Jindal Global Law School, India Introduction The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. They filed for a trade mark infringement in a suit in the Delhi High Court.

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Cause of Action Court Entertainment Court Rules 69

The Fashion Law

OCTOBER 11, 2021

Amid an existing battle over lookalike logos , Walmart and Yeezy are facing off in court, as well, after Yeezy and its founder Kanye West filed suit against Walmart and a handful of unnamed third-party Walmart sellers over the sale of copycat Yeezy foam runner footwear on the retail behemoth’s third-party marketplace site.

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Demurrer Cause of Action Laws Court 108

HowAppealing

FEBRUARY 17, 2022

Court of Appeals for the Fifth Circuit issued today. In his dissenting opinion , Circuit Judge Jerry E. ” Perhaps the majority agrees. ” Perhaps the majority agrees. Why else shrink behind an unsigned and unpublished opinion?

Cause of Action 100

Cause of Action Statute Court Laws 100

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. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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Court Tort Cause of Action Litigation 85

SCOTUSBlog

JUNE 8, 2023

1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.

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Statute Court Contract Tort 100

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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Litigation Litigating Laws Tort 75

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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Stare Decisis Statute Court Contract 98

Paralegal Bootcamp

AUGUST 5, 2021

The backbone of all good personal injury law firms is its paralegals. Paralegals are essential to a personal injury law firm, whether for a solo practitioner or a large firm with many lawyers. A valuable personal injury paralegal is a paralegal who knows not only the law but also the medicine. Understand Medical Terminology.

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Personal Injury Paralegal Paralegals Law Firms 246

Law 360

MARCH 27, 2024

Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.

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Cause of Action Court Laws 52