ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. 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. Smith appealed.

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SCOTUSBlog

DECEMBER 2, 2023

Share The Supreme Court will hear oral arguments on Monday in one of the highest-profile bankruptcies in recent memory: Harrington v. Court of Appeals for the 2nd Circuit of a multi-billion-dollar bankruptcy plan for Purdue Pharma, the maker of the opioid OxyContin. First, the court of appeals explained, 11 U.S.C. § And in Sept.

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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 Court Construction 45

Paralegal Bootcamp

AUGUST 5, 2021

The statute of limitations is a time limit on a particular cause of action. The failure to commence a lawsuit within this time period will likely result in the lawsuit being dismissed by a court. Know the Litigation Process. Know the Statute of Limitations Period. Fast-Track Your Personal Injury Paralegal Career.

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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.

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Conflict of Laws

OCTOBER 14, 2024

However, it is arguably the most crucial step for a court when determining its international jurisdiction and the applicable law. This is difficult where the action is unknown domestically or potentially falls in-between two categories and could thus be litigated in different fora or under different laws, leading to different outcomes.

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Laws Cause of Action Litigation Litigating 102

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.

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Statute Cause of Action Court Litigation 124

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.

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Cause of Action Laws Court Litigation 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.

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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.

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Court Statute Cause of Action Government 102

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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Court Tort Cause of Action Litigation 84

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.

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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.

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Patently O

JUNE 5, 2022

Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . ” In particular, the appellate court suggested that “an objective review of the record demonstrates a degree of antagonism against Mycroft that is higher than that being applied against Tumey.”

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Litigation Litigating Cause of Action Court 63

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.

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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.

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Case Management Litigation Litigating Cause of Action 105

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.

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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.

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Statute Court Contract Tort 101

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.

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Paralegal Services Paralegal Paralegals Cause of Action 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.

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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

OCTOBER 1, 2021

Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. The case will be argued on Monday, and it will be the court’s first in-person argument in a year and a half.

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Patently O

MAY 17, 2021

1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. Rather than choosing Iowa or Colorado, the companies chose the Northern District of California, which is Trimble’s home court.

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Litigation Litigating Cause of Action Court 110

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.

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Cause of Action Litigation Litigating Technology 60

SCOTUSBlog

APRIL 25, 2022

Share On Wednesday, the Supreme Court considered whether a violation of Miranda v. Tekoh may create a seismic shift in American constitutional criminal procedure, as the court’s resolution of the lawsuit here could take an axe to the legal and cultural oak known as Miranda warnings. Stated thusly? Be warned: It is not.

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Cause of Action Court Litigation Litigating 136

SCOTUSBlog

OCTOBER 6, 2021

Most notably, Sotomayor raised the suggestion from the law professors’ amicus brief that Mississippi might have a cause of action in interstate nuisance, while Kagan grilled the United States about the possibility of an interstate trespass. Tennessee could be one of the shortest the court has ever issued in an interstate water dispute.

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Cause of Action Court Litigation Litigating 125

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.

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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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Court Rules Cause of Action Court Statute 59

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.

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Litigation Litigating Court Legal 113

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.,

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Court Cause of Action Manufacturing Litigation 63

The Fashion Law

JULY 19, 2021

District Court for the Central District of California states that the parties “agreed to a settlement in principle and will finalize the outstanding matters before the pretrial conference scheduled for July 16, 2021, with the district judge.” In response to Fashion Nova’s request that the court compel Ms. Versace to testify.

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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.

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Cause of Action Government Legal Legal 109

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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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.

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Personal Injury Tort Cause of Action Litigation 59

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.

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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.,

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Litigation Litigating Cause of Action Legal 103

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Court of Restitution, which, in 1954, declared her the rightful owner of the painting. The district court rejected all of these arguments, and the U.S. 1605(a)(3) ).

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