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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

SCOTUSBlog

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. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. 1605(a)(3) ).

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One Panel with Opposing Eligibility Decisions

Patently O

Both district courts dismissed infringement lawsuits at the pleading stage and the “abstract idea” question was up on appeal. In Iqbal and Twombly , the Supreme Court reinterpreted this rule to require nonconclusory allegations of specific facts that make the cause-of-action plausible. Oct 13, 2022).

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U.S. Supreme Court Renders Personal Jurisdiction Decision

Conflict of Laws

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. courts over disputes that arise in other countries. The result in Mallory v.

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I am the smart one: Sideshow Patent Litigation

Patently O

Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . Tumey’s case is pending in the Western District of Missouri (KC). On remand, the new district court is considering the defendants summary judgment motion that is currently being briefed. Racketeering.

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RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. A short explanation of relists is available here.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

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 35