Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

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Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. 28-3-104(a(2), which addresses situations where the civil defendant faced criminal charges as a result of a incident giving rise to the cause of action.

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. It should be enough to validate the congressional scheme that the features of the securities cause of action here do not match the elements of the 18th century cause of action for fraud.

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SCOTUSBlog

OCTOBER 16, 2024

Share The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana, caused him to fail a routine drug test. Horn bought Medical Marijuana’s hemp-based Dixie X after reading that it contained CBD but no THC.

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SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.”

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JURIST

JANUARY 4, 2023

A federal California court Tuesday dismissed Ali Al-Ahmed’s lawsuit against Twitter Inc. US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. for suspending his account.

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. Auto-Owners Insurance Company , No.

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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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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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Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed.

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JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Stewart argued that the FTC Act review provisions authorizes courts of appeals to review final commission orders. .”

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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.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government.

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SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

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Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.

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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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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. He urged the court to “finish what it started” and hold that no federal spending conditions are privately enforceable unless Congress says so in the spending enactment.

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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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Mondaq

DECEMBER 28, 2021

On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for.

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SCOTUSBlog

NOVEMBER 3, 2023

If the Department of Agriculture were a private lender, Kirtz could bring suit in a federal court to present those allegations as a violation of the Fair Credit Reporting Act. The lower courts rejected the government’s argument, but the justices have agreed to take a second look.

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HowAppealing

FEBRUARY 17, 2022

Court of Appeals for the Fifth Circuit issued today. In his dissenting opinion , Circuit Judge Jerry E. ” Perhaps the majority agrees. ” Perhaps the majority agrees.

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The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. However, in contrast, the Court also found the allegations do not meet the standard for pleading indirect infringement. In Bell Semiconductor, LLC v.

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SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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SCOTUSBlog

JUNE 25, 2021

Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. A jury sided with the consumers and ordered TransUnion to pay more than $60 million in damages, though a federal appeals court later reduced the verdict to $40 million.

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Patently O

FEBRUARY 22, 2024

by Dennis Crouch and Timothy Knight On February 21, 2024, the Supreme Court heard oral arguments in the case of Warner Chappell Music v. Although the statute does not make any distinction between a right to file an action and a right to back damages, the distinction stems from ambiguous dicta in the Court’s 2014 Petrella v.

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Patently O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. As a matter of fact, this is an illegal [theft-by-]taking, and Edible can introduce evidence within the framework of the Complaint to prove each cause of action. by Dennis Crouch. Edible IP v.

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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. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

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At the Lectern

JULY 18, 2024

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.” The court reverses the First District, Division Two, Court of Appeal’s 2-1 published opinion.

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SCOTUSBlog

APRIL 13, 2023

In response to the catastrophic stock-market declines that set off the Great Depression, Congress enacted, along with a variety of other statutes, the Securities Act of 1933. The lower court said yes, holding that the statute applies whether the specific shares in question were registered or not.

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Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. The district court agreed, finding their contributions were significant to the conception of the claimed invention. The inventorship correction statute – 35 U.S.C. §

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Patently O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. ” Dawgs appealed.

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The IP Law Blog

JANUARY 11, 2024

2255, which allows victims of child pornography to bring a civil cause of action. The district court agreed with the defendants and dismissed the complaint with prejudice. Mr. Elden appealed that dismissal to the Ninth Circuit Court of Appeal. Days before Christmas 2023, the Ninth Circuit issued its opinion in Elden v.

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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.

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At the Lectern

JULY 30, 2021

Joseph Health System , the Supreme Court today holds that the anti-SLAPP statute , which allows for an early screening of claims that could chill constitutionally protected free speech or petition rights, can be used to review some, but not all, causes of action relating to mandatory hospital medical staff peer review proceedings.

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Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v. Booth , 344 S.W.3d

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Conflict of Laws

JUNE 28, 2023

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. Washington (1945).

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