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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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. Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via New York, outside the inn. On Wednesday, the Supreme Court reversed.

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Cause of Action Court Immigration Laws 104

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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Court Tort Litigation Litigating 141

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.

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Court Cause of Action Government Litigation 117

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v.

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Litigation Litigating Tort Cause of Action 52

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.

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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. .

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Statute Punitive Damages Cause of Action Laws 131

Conflict of Laws

NOVEMBER 9, 2023

A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. were a corporation based in New York and owned the domain name www.hindustan.com. They filed for a trade mark infringement in a suit in the Delhi High Court. Reshma Collection. [2]

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Cause of Action Court Entertainment Court Rules 69

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. Chevron Corp.

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Court Tort Cause of Action Litigation 85

The Fashion Law

OCTOBER 25, 2021

In a declaratory judgment action filed in October 2020 , WWW and Bernstein asked a New York federal court to formally declare that they did not run afoul of the indie intimates brand’s rights by using a lookalike “Silhouettes Design.” Fast forward to May 2021, and following a combination of the two cases before the U.S.

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Court Cause of Action Manufacturing Drafting 79

SCOTUSBlog

APRIL 13, 2023

As relevant here, Section 11 includes a private cause of action in federal court if the statement includes any information that is materially false or misleading, at the behest of “any person acquiring such security.” A direct listing, approved by the New York Stock Exchange in the last decade, works differently.

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Cause of Action Statute Technology Court 101

SCOTUSBlog

FEBRUARY 8, 2025

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. People held in state prison can turn to federal court to challenge the validity of their conviction or sentence. Shockley then went to federal court, asking a federal district judge in Missouri to order a new trial.

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Attorney Court Cause of Action Lawyer 64

ClimateChange-ClimateLaw

JUNE 11, 2024

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. And in New York, the Town of Long Lake passed a 1-year moratorium in August 2023 on permits for battery energy storage systems.

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Cause of Action Government Legal Legal 111

Patently O

JANUARY 4, 2024

Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. The two cases were consolidated before the district court, though no joint defense agreement existed between the co-defendants.

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Law Firms Law Firm Attorney Legal Research 124

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.

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Punitive Damages Cause of Action Attorney Contract 102

Patently O

DECEMBER 6, 2021

as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). But, instead of suing in New York, AudioEye sued in W.D. Obviously, the court must also satisfy the constitutional requirement of personal jurisdiction.

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Statute Cause of Action Court Laws 78

The Fashion Law

DECEMBER 20, 2021

Within hours of MSCHF dropping more than 600 pairs of its blood-infused “Satan Shoes” in March, Nike filed a trademark infringement and dilution suit , accusing the Brooklyn, New York-based “art collective” of “taking orders for the customized Nike Air Max 97 shoes” that it had “materially altered to prominently feature a satanic theme.”

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Laws Cause of Action Litigation Litigating 97

ClimateChange-ClimateLaw

JUNE 15, 2012

On Tuesday, New York State Supreme Court Justice Thomas J. McNamara in Albany County dismissed a lawsuit filed in June 2011 by three members of Americans For Prosperity, a conservative advocacy group, that challenged New York’s participation in the Regional Greenhouse Gas Initiative (RGGI) cap and trade program.

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Cause of Action Contract Court Decisions Legal 40

NewmanFerraraLLP

DECEMBER 21, 2022

TALK ABOUT ABSOLUTE POWER After a New York County Supreme Court Justice found Stefan Malter, and others, personally liable under a lease guaranty, the latter appealed to the Appellate Division, First Department, contending that relief in the landlord’s favor – on a motion for summary judgment – was inappropriately granted.

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Cause of Action Court 52

SCOTUSBlog

JANUARY 16, 2022

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.

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Tort Court Laws Litigation 127

NewmanFerraraLLP

FEBRUARY 5, 2023

and causes of action. After the New York County Supreme Court dismissed the buyer’s case, an appeal to the Appellate Division, First Department, ensued. Buyer Denied Excess Tax Monies When a property was sold on March 30, 2017, the deed provided that the seller was transferring "all of Seller's rights.

Real Estate 52

Real Estate Cause of Action Court Laws 52

Conflict of Laws

SEPTEMBER 30, 2024

1, [13] a local Chinese court in Nanning, Guangxi Province, ruled to recognize and enforce a Thai monetary judgment in 2024. 1, [14] where the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor.

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Cause of Action Divorce Lawyer Lawyers 64

The Fashion Law

DECEMBER 17, 2021

And in one more jab before setting out its causes of action, Yurman asserts that Mejuri similarly falls short on its purported sustainability credentials.

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Cause of Action Laws Court 98

JonathanTurley

JULY 23, 2021

NO PRIVATE CAUSE OF ACTION. (a) As will come as little surprise to many on this blog, I oppose such government requirements imposed on individual contractors and employees as inimical to free speech , a view shared by various federal courts. I have the same concerns over the arrest of protesters in other countries like France.

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Cause of Action Government Manufacturing Laws 59

The Fashion Law

JUNE 17, 2021

District Court of the Southern District of New York, sided with the photographer, in part, and the New York-based brand. In an order early this month , Judge Andrew Carter of the U.S.

Cause of Action 68

Cause of Action Court Education Laws 68

The Fashion Law

MAY 18, 2021

The family that formerly owned Brooks Brothers is in the midst of a $100 million legal battle after allegedly failing to “fulfill their contractual and fiduciary obligations to a Brooks Brothers minority shareholder and investor.

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Legal Legal Contract Cause of Action 82

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.

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Tort Immigration Cause of Action Court Rules 59

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

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.

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Manufacturing Court Cause of Action Education 61

The Fashion Law

JULY 30, 2021

Setting the stage in its July 26 filing, WGACA asserts that at “the heart of the instant action is Chanel’s attempt, through the courts, to control the secondary/resale market by attacking a reseller of its goods with multiple and unfounded claims which Chanel continues to press despite the absence of a factual basis.”

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Manufacturing Cause of Action Court Laws 104

The Fashion Law

AUGUST 17, 2021

Coty and a handful of its highly-ranking officers and directors have managed to escape the proposed class action lawsuit that was waged against it last year for allegedly running afoul of U.S. District Court for the Southern District of New York agreed. Primarily, the court sided with Coty and co.

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Cause of Action Court Laws 55

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.

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Compensatory Damages Punitive Damages Cause of Action Divorce 52

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 64

Court Court Decisions Government Laws 64

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

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Tort Court Compensatory Damages Punitive Damages 42

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

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Court Government Litigation Litigating 59

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 Litigation Litigating 8

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.

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