Patently O

JULY 5, 2023

Although it was discussed before the jury and in the litigation, no decision was made as to the infringement by ABS licensees resulting from the tech transfer. Although the case included an ongoing royalty, those cause real monitoring and enforcement problems. by Dennis Crouch Inguran, LLC v. ABS Global, Inc., 22-1385 (Fed.

Cause of Action 58

Cause of Action Litigation Litigating Technology 58

LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We legal research materials.

Legal Research 69

Legal Research Legal Legal eDiscovery 69

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins responded that private litigation is antithetical to the substantial enforcement power and discretion FNHRA accords states and the secretary of health and human services.

Court 88

Court Statute Cause of Action Contract 88

Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014). Aktiebolag v.

Statute 123

Statute Cause of Action Court Litigation 123

FDA Law Blog

JUNE 13, 2024

Though some drug companies have been reluctant to delist certain patents from the Orange Book, the District Court of New Jersey just ordered Teva to delist 5 of its patents that it deemed improperly listed. On June 10, 2024, the District Court of New Jersey issued its Opinion in the case, finding that Teva’s patents were improperly listed.

Cause of Action 116

Cause of Action Court Litigation Litigating 116

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. Sharma and Others and its impact for climate litigation in Australia.

Litigation 40

Litigation Litigating Court Personal Injury 40

SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

Court 88

Court Statute Cause of Action Government 88

Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

Statute 52

Statute Litigation Litigating Cause of Action 52

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.

Court 80

Court Tort Cause of Action Litigation 80

ClimateChange-ClimateLaw

DECEMBER 21, 2021

Brazil: When a court accepts the legally disruptive nature of climate change. On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v.

Legal 77

Legal Legal Court Litigation 77

Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. In Welch v. Welch , No. M2021-00081-COA-R3-CV (Tenn.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

Conflict of Laws

FEBRUARY 5, 2021

In the very recent case of Sarki v Sarki & Ors, [1] the Nigerian Court of Appeal considered the issue of what court had territorial jurisdiction in a matter of succession and administration of estate of a deceased person’s property under Nigerian conflict of laws dealing with inter-state matters.

Cause of Action 98

Cause of Action Laws Court Litigation 98

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983.

Statute 98

Statute Court Contract Tort 98

SCOTUSBlog

AUGUST 19, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The court heard one set of these suits in 2020, against the Treasury Department and the agency created as Fannie Mae and Freddie Mac’s conservator, the Federal Housing Finance Agency. The court in Collins v.

Court 129

Court Government Cause of Action Finance 129

LexForti

JUNE 4, 2021

” Likewise, the Black Law’s Dictionary has defined the aforementioned term as “a court’s power to decide a case or issue a decree.” AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CIVIL COURTS IN INDIA. AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CRIMINAL COURTS IN INDIA. In the case of A.B.C.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

ClimateChange-ClimateLaw

JUNE 11, 2024

There has been significant litigation against offshore wind projects. All of these federal lawsuits include claims that the agencies approving the projects violated the National Environmental Policy Act, among other federal causes of action.

Cause of Action 104

Cause of Action Government Legal Legal 104

JURIST

DECEMBER 6, 2021

The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e.

Compensatory Damages 211

Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

LawSites

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. The product, which is in beta, generates a Microsoft Word document formatted for the federal court system. Any issues likely to be contentious.

Drafting 129

Drafting Legal Legal Litigation 129

Patently O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

ClimateChange-ClimateLaw

MAY 9, 2024

Switzerland granted on Apr 9, 2024 by the European Court of Human Rights (ECtHR or the Court). Still, there is much more to discuss regarding its broader implications for climate litigation. Gender remains an overlooked issue in climate litigation. Much has been said already about the decision in KlimaSeniorinnen v.

Litigation 106

Litigation Litigating Court Legal 106

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

Court 52

Court Tort Cause of Action Litigation 52

SAV Paralegal Services

AUGUST 3, 2022

As it is usually seen there are many misconceptions when it comes to the Small Claims Court litigation. It is normally expected that after the filing with the Court the Plaintiff’s claim shall be served on Defendant and then, if a Defence is filed, parties should expect a Settlement Conference.

Paralegal Services 98

Paralegal Services Paralegal Paralegals Cause of Action 98

SCOTUSBlog

MARCH 1, 2022

Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.

Cause of Action 97

Cause of Action Immigration Tort Government 97

At the Lectern

JULY 26, 2021

Tri-Modal Distribution Services , the Supreme Court today interprets the statute of limitations for employment harassment cases to give certain plaintiffs more leeway to bring their lawsuits, and it protects many unsuccessful plaintiffs from paying defendants’ appellate costs.

Statute 40

Statute Cause of Action Court Litigation 40

Patently O

MARCH 25, 2021

Montana 8th Judicial District ( Supreme Court 2021 ). The Supreme Court has sided with Gullett’s estate — finding that the 14th Amendment does not prohibit this case from moving forward. With Specific Jurisdiction , the Court’s recent decision in Bristol-Myers Squibb Co. Superior Court of Cal.,

Court 62

Court Cause of Action Manufacturing Litigation 62

ClimateChange-ClimateLaw

DECEMBER 2, 2022

On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. and global climate litigation movement.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. This post is written by Joshua Folkard, Barrister at Twenty Essex. Background. PD 6B, para.

Tort 52

Tort Cause of Action Court Litigation 52

Conflict of Laws

JUNE 8, 2021

Election or political party disputes often feature before Nigerian courts. 1 ) [2] (reported on June 7, 2021), one of the issues for determination was whether the High Court of the Federal Capital Territory, Abuja possessed territorial jurisdiction to handle a dispute between members of Nigeria’s ruling political party.

Cause of Action 52

Cause of Action Court Laws Litigation 52

Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. The result in Mallory v.

Court 40

Court Statute Cause of Action Contract 40

LawSites

FEBRUARY 22, 2023

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government. Superior Court Judge Juliet J.

Drafting 98

Drafting Legal Legal Contract 98

Conflict of Laws

MAY 31, 2021

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] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.

Contract 98

Contract Cause of Action Court Laws 98

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Tekoh presents the court with that question. Share Miranda v.

Court 101

Court Government Lawyer Lawyers 101

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.

Statute 72

Statute Cause of Action Government Court 72

LawSites

MARCH 26, 2024

In a lawsuit filed this week in federal court in Manhattan, the former chief operating office of a legal technology company claims she was fired after attempting to exercise stock options valued at over $1 million.

Legal 54

Legal Legal Law Firm Law Firms 54

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.

Cause of Action 52

Cause of Action Court Tort Immigration 52

JayS.Rothman&Associates

MAY 17, 2023

For example, courts have held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of their associates’ race, gender, religion, and/or national origin. Iona College, a federal appellate court explained the rationale for reading associational discrimination into Title VII. 12112(b)(4).

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

ClimateChange-ClimateLaw

NOVEMBER 7, 2022

it’s extremely unlikely that Congress would be willing to appropriate the necessary funds for loss and damage compensation, but resistance to loss and damage funding is often also framed as a concern that a funding agreement could give rise to unpredictable litigation and potentially unlimited liability. In the U.S.,

Litigation 100

Litigation Litigating Cause of Action Legal 100