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 98

Cause of Action Immigration Tort Government 98

Conflict of Laws

AUGUST 22, 2023

A total of nine newly added cases involve two treaty jurisdictions – France (one case) and Vietnam (one case) – and seven non-treaty jurisdictions, namely, Australia (one case), Canada (one case), Germany (one case), New Zealand (one case), South Korea (one case), the UK (one case), and the US (one case). 99 Trade Co.

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

The Fashion Law

DECEMBER 20, 2021

This year, the filing of a number of fashion and broader retail industry lawsuits and developments in previously-filed ones stood out in the crowded landscape of litigation in many cases because they indicate larger trends within the fashion space. The RealReal Files Anti-Competition Counterclaims Against Chanel.

Laws 97

Laws Cause of Action Litigating Litigation 97

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

The Fashion Law

MAY 12, 2021

Coscarelli sets the stage in the newly-filed 30-page complaint, asserting that “after winning Food Network’s Cupcake Wars and becoming a best-selling cookbook author, [she] founded ‘by Chloe’ – a first-of-its-kind fast-casual vegan restaurant chain” with New York-based ESquared Hospitality after pitching the concept to its CEO James Haber in 2014.

Punitive Damages 102

Punitive Damages Cause of Action Attorney Contract 102

Conflict of Laws

AUGUST 24, 2022

Please note that in the German case , the Saarbrücken Regional Court of Germany refused to recognize and enforce a Chinese judgment on the ground of lack of reciprocity, despite the fact that, as early as 2013, China confirmed that there was reciprocity between the two countries.

Compensatory Damages 52

Compensatory Damages Punitive Damages Cause of Action Divorce 52

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. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976.

Tort 123

Tort Court Laws Litigating 123

ClimateChange-ClimateLaw

MAY 12, 2023

Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court. As a result, 11 cases will be remanded to state court to move towards motions to dismiss, discovery, and trial. Several factors led to the Supreme Court’s decision. On April 24, the U.S.

Court 60

Court Court Decisions Government Laws 60

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.

Court 139

Court Tort Litigating Litigation 139

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. Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. and non-U.S. FEATURED CASE.

Court 56

Court Government Litigation Litigating 56

JonathanTurley

OCTOBER 30, 2022

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

Tort 36

Tort Litigation Litigating Construction 36

JonathanTurley

OCTOBER 31, 2021

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

Tort 37

Tort Litigation Litigating Construction 37

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. Petitioner Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via New York, outside the inn.

Court 111

Court Cause of Action Government Litigation 111

SCOTUSBlog

MARCH 3, 2022

Share The Supreme Court on Wednesday returned to the scope of the right to sue federal officers for damages under Bivens v. Petitioner Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via New York, outside the inn. Canada border. The point of departure in the argument in Egbert v.

Cause of Action 81

Cause of Action Immigration Court Laws 81

The Fashion Law

NOVEMBER 23, 2021

On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a New York federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .

Statute 131

Statute Punitive Damages Cause of Action Laws 131

Conflict of Laws

MARCH 22, 2022

They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. Lehmann: Locating Financial Loss and Collective Actions in Case of Defective Investor Information: The CJEU’s Judgment in VEB v BP. 1 Brussels I Regulation.

Contract 8

Contract Tort Litigating Litigation 8

The Fashion Law

JULY 19, 2021

and Costco have settled their long-running lawsuit over the warehouse chain’s sale of “Tiffany” rings that were not made or authorized by the famed New York jewelry company. Court of Appeals for the Second Circuit vacated a lower court’s summary judgment decision – in which it held that Costco was liable to Tiffany & Co.

Manufacturing 61

Manufacturing Court Cause of Action Education 61

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 Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

Tort 49

Tort Immigration Cause of Action Court Rules 49

The Fashion Law

NOVEMBER 30, 2021

Gucci family members hinted at potential litigation in connection with the highly-anticipated release of the House of Gucci this past week. Not a total win for Netflix, the court order left the plaintiffs’ trademark dilution and false advertising claims on the table, as they fell outside of the scope of Netflix’s anti-SLAPP motion.

Litigation 98

Litigation Litigating Cause of Action Laws 98

SCOTUSBlog

JUNE 20, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, and with only the October and November argument sittings filled, the court has switched into high gear. Court of Appeals for the D.C.

Court 102

Court Laws Government Real Estate 102

JonathanTurley

OCTOBER 30, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. A tort action for intentional infliction of emotional distress is likely to fail.

Tort 46

Tort Litigation Litigating Construction 46

SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

Stare Decisis 145

Stare Decisis Court Statute Government 145

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Now, a new slew of negligence and strict liability claims are expected across the country. _. A recent survey of New York doctors found that 60 percent saw an increase in ER visits for cooking wounds and turkey carving accidents.

Tort 33

Tort Statute Criminal Law Court 33

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. New Jersey Federal Court Remanded Hoboken’s Climate Case Against Fossil Fuel Companies to State Court. and non-U.S.

Litigation 40

Litigation Litigating Court Laws 40

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. It ruled that the Virginia courts would likely apply the California law. See Barrett v.

Tort 32

Tort Cause of Action Laws Court 32

JonathanTurley

JANUARY 4, 2022

The civil litigation between Prince Andrew and Virginia Giuffre (née Roberts) just took a “Big Lebowski” turn. We previously discussed an interesting challenge by Prince Andrew to the applicability of the the age-of-consent in New York to the case. ” the Dude responds “I! .” While the U.S.

Punitive Damages 33

Punitive Damages Cause of Action Litigating Litigation 33

The Crime Report

OCTOBER 6, 2023

On Monday opening statements began in the civil bench trial of the State of New York vs. Donald Trump, et al over-inflated assets in fraudulent statements. The Trump Organization will most likely be put out of business in New York and elsewhere for at least 5 years.

Real Estate 83

Real Estate Attorney Lawyer Lawyers 83

ClimateChange-ClimateLaw

JULY 2, 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. Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. and non-U.S. FEATURED CASE.

Court 46

Court Statute Litigation Litigating 46

SCOTUSBlog

DECEMBER 1, 2023

Share Sandra Day O’Connor, a self-described “Arizona cowgirl” who made history as the first woman to serve as a Supreme Court justice, died on Friday in Phoenix, Arizona. The cause was complications related to advanced dementia, probably Alzheimer’s disease, and a respiratory illness, the Supreme Court announced. She was 93.

Court 142

Court Bar Exam Education Government 142