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. PerDiemCo , the patentee, is a Texas LLC with rented office space in Marshall, TX. The Federal Circuit’s new decision in Trimble Inc.

Litigation 110

Litigation Litigating Cause of Action Court 110

SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. Sheetz came to the Supreme Court, asking the justices to apply the court’s Nolland/Dolan test and find the county’s fee a violation of the takings clause. Under 8 U.S.C.

Government 91

Government Statute Court Cause of Action 91

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. A key case on point is Iowa S. Cannon , 789 N.W.2d

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Law Firm Law Firms Attorney Legal Research 124

Constitutional Law Reporter

APRIL 20, 2022

Supreme Court heard oral arguments in four cases last week, with Justice Clarence Thomas participating remotely after being discharged from the hospital. Other issues before the Court included the extent of Congress’ war powers under Article 1 of the U.S. The Federal Arbitration Act took center stage in two of the four cases.

Cause of Action 52

Cause of Action Court Constitutional Law Contract 52

Patently O

DECEMBER 6, 2021

Suing a Non-Resident for Patent Infringement : In TC Heartland , the Supreme Court severely limited the scope of “proper venue” in patent cases. One gap in the Supreme Court’s analysis in TC Heartland is how to treat foreign companies. A court needs personal jurisdiction over the parties before moving forward.

Statute 78

Statute Cause of Action Court Laws 78

JonathanTurley

JULY 23, 2021

The calls to boycott Ben & Jerry’s ice cream in states like Texas, Florida ,and Oklahoma will give citizens the common choice between something Half Baked and the American Dream. NO PRIVATE CAUSE OF ACTION. (a) The American Dream for many is based on notions the free market and free speech. In Reeves, Inc.

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Cause of Action Government Manufacturing Laws 45

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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Government Statute Cause of Action Entertainment 95

JURIST

JANUARY 14, 2022

The State of Texas submitted a complaint Thursday in the US District Court for the Northern District of Texas demanding Planned Parenthood repay $10 million in Medicaid reimbursements. The Texas Medicaid Fraud Prevention Act (TMFPA) was passed in 1995 to establish a cause of action for false claims under the Medicaid program.

Healthcare 104

Healthcare Cause of Action Attorney Court 104

Patently O

OCTOBER 11, 2021

In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Abuse of Discretion : Courts and administrators are often given discretionary authority to make decisions. by Dennis Crouch.

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Statute Cause of Action Court Laws 80

SCOTUSBlog

JANUARY 2, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Individuals held in state prison can challenge their convictions in federal court through a device known as a petition for a writ of habeas corpus. The district court denied that motion as well, and the U.S.

Attorney 134

Attorney Cause of Action Court Government 134

JURIST

OCTOBER 9, 2021

The Fifth Circuit Court of Appeals on Friday has temporarily reinstated Texas’ six-week abortion ban after a lower court had blocked the law just two days earlier. Pitman found that the law would subject citizens of Texas to irreparable harm if it were allowed to stand. Our patients deserve better.

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Laws Cause of Action Court Attorney 195

JURIST

OCTOBER 7, 2021

A judge from the US District Court for the Western District of Texas in Austin on Wednesday temporarily blocked Texas’ restrictive abortion ban, which took effect in September. In a statement, Attorney General Merrick Garland called the Texas law “clearly unconstitutional.”

Laws 104

Laws Cause of Action Court Attorney 104

Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Court denied the application for injunctive relief in Whole Woman’s Health v. The Texas law at issue, S.B. The district court denied the defendants’ motion to dismiss the case.

Laws 52

Laws Court Cause of Action Constitutional Law 52

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.

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Court Laws Government Real Estate 108

SCOTUSBlog

APRIL 26, 2024

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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Felony Personal Injury Court Cause of Action 111

JonathanTurley

OCTOBER 30, 2022

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found herself embroiled in a Halloween tort after the monkey previously used in her act bit a wandering child at the house of horror she created for Halloween. Again, the court agreed.

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Tort Litigation Litigating Construction 34

SCOTUSBlog

MARCH 30, 2022

Share The Supreme Court heard oral argument on Tuesday in Torres v. Texas Department of Public Safety , with Justice Clarence Thomas participating remotely after his hospital stay last week. The department responded that as a state agency, it was immune from suit, and a Texas court agreed and dismissed the suit.

Statute 101

Statute Cause of Action Court Government 101

JonathanTurley

OCTOBER 31, 2021

Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost. Police were called to his home in Texas over a possible murder. A tort action for intentional infliction of emotional distress is likely to fail. Again, the court agreed.

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Tort Litigation Litigating Construction 35

SCOTUSBlog

APRIL 15, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In the same year, a divided Supreme Court ruled in National Institute for Family and Life Advocates v. A federal district court in Tacoma dismissed Tingley’s lawsuit. But the 9th Circuit disagreed. In Tingley v.

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Cause of Action Tort Court Laws 78

SCOTUSBlog

JULY 1, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

Compensatory Damages 90

Compensatory Damages Government Court Cause of Action 90

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. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

Court 56

Court Government Litigation Litigating 56

SCOTUSBlog

JUNE 16, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. As October Term 2021 winds to a close, the Supreme Court is holding its penultimate scheduled conference this week. The petitioners also ask the court to overrule Employment Division v.

Government 104

Government Education Court Cause of Action 104

SCOTUSBlog

OCTOBER 27, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. All the action on the relist front after the Oct. The Supreme Court granted review in Ysleta del Sur Pueblo v. Texas , 20-493 , involving gaming on Native American lands, and Denezpi v. 15 conference.

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Court Government Cause of Action Manufacturing 82

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. Police were called to his home in Texas over a possible murder.

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Tort Litigation Litigating Construction 43

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

Cause of Action 96

Cause of Action Court Government Litigation 96

SCOTUSBlog

AUGUST 8, 2023

Share The Supreme Court on Tuesday allowed the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns” while a challenge to the rule continues in a federal appeals court. This article was originally published at Howe on the Court.

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Court Manufacturing Cause of Action Government 98

JonathanTurley

NOVEMBER 27, 2020

We have yet to see a filing over the emotional distress caused by this year’s microwave Turkey prank where college kids are texting their parents to ask how long to cook their turkeys in the microwave. Some things are happily left out of the courts. One such case now in court was brought by Amanda DuVall, 28.

Tort 32

Tort Statute Criminal Law Court 32

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. The court dismissed a challenge to a third LNG terminal on the Channel as moot after the developer informed FERC that the project would not go forward. With respect to climate change, the D.C. 20-1045 (D.C.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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Court Litigation Litigating Statute 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.

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Court Bar Exam Education Government 143

JonathanTurley

DECEMBER 23, 2020

This case pleads that everybody, even publicly elected officials and celebrities, is owed the right to sexual privacy and redress from our courts when they experience intimate partner violence.”. The use of emotional distress claims runs against the grain of various cases, including the Westboro decision of the Supreme Court in 2011.

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Tort Cause of Action Court Constitutional Law 38