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. Oakland Raiders.

Government 106

Government Statute Cause of Action Entertainment 106

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Construction Court 45

JURIST

MARCH 5, 2021

There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings. It also reprimanded the petitioners for filing a case when they have no relation to the subject matter and imposed costs of Rs. 50,000 ($684) to “discourage such endeavours.”

Court 151

Court Cause of Action Depositions Government 151

Patently O

MAY 30, 2024

United States does focus on counterfeiting coins as well as implied contracts with the Federal Government. The Portland Mint then sued the government in the Court of Federal Claims, arguing it was entitled to payment for the genuine portion of the coins under the terms of the regulation and an implied contract.

Contract 59

Contract Government Manufacturing Cause of Action 59

Day on Torts

NOVEMBER 2, 2024

Where plaintiff was injured by a dangerous condition on state property created by the gross negligence of a state employee, the Claims Commission Act did not provide a cause of action. In Gordon v. State of Tennessee , No. W2023-01012-COA-R3-CV (Tenn.

Statute 52

Statute Cause of Action Government 52

Conflict of Laws

FEBRUARY 5, 2021

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.

Cause of Action 98

Cause of Action Laws Court Litigation 98

Patently O

SEPTEMBER 29, 2023

First Quality says that the accrual of a claim, the event that triggers the running of a statute of limitations, occurs when “a plaintiff knows of a cause of action,” but that is not ordinarily true. As we wrote in Petrella , “[a] claim ordinarily accrues when [a] plaintiff has a complete and present cause of action.”

Statute 124

Statute Cause of Action Court Litigation 124

Conflict of Laws

MARCH 30, 2024

Tower Vision Limited , [1] the Delhi High Court (“HC”) held that an appeal before an Indian civil court was infructuous due to a consent order passed by the Tel Aviv District Court in a matter arising out of the same cause of action. The Indian Supreme Court in Modi Entertainment v. Owners and Parties, Vessels MV Fortune Ltd. [3]

Litigation 75

Litigation Litigating Cause of Action Court 75

SCOTUSBlog

NOVEMBER 3, 2023

The government contends, though, that it has sovereign immunity and thus cannot be forced, as a private lender could be forced, to comply. The lower courts rejected the government’s argument, but the justices have agreed to take a second look. The government would limit that situation to two narrow statutory scenarios.

Statute 115

Statute Government Cause of Action Drafting 115

ClimateChange-ClimateLaw

JUNE 11, 2024

These ordinances were adopted despite a state law that prohibits local governments from placing restrictions on wind or solar facilities unless those restrictions: (a) protect health or safety; (b) do not significantly increase the cost or decrease efficiency; or (c) allow for an alternative system of comparable cost and efficiency.

Cause of Action 111

Cause of Action Government Legal Legal 111

Patently O

JULY 26, 2021

General rights of privacy allow a person to keep secret information without intrusion by the government or by wrongful acts by third parties. Government enacted the Defend Trade Secrets Act (DTSA) that created a federal cause of action. Government enacted the Defend Trade Secrets Act (DTSA) that created a federal cause of action.

Cause of Action 99

Cause of Action Government Laws 99

SCOTUSBlog

JUNE 28, 2024

Reading from the bench on Thursday, Sotomayor called the majority’s decision “a devastating blow to the manner in which our government functions.” For Sotomayor, cases where the government itself is the claimant were the easy cases, the very definition of public rights.

Government 142

Government Immigration Cause of Action Litigation 142

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. The trend appears largely, if not entirely, in cases against the United States. Why, you might ask, should this matter?

Statute 97

Statute Cause of Action Government Court 97

SCOTUSBlog

AUGUST 19, 2022

Under the Fifth Amendment, “private property” cannot be “taken for public use” by the government “without just compensation.” Four years later, however, with the companies on their feet, the government changed its mind. They filed a series of lawsuits against the government. The court in Collins v. Coinbase, Inc.

Court 111

Court Government Cause of Action Finance 111

Patently O

MARCH 16, 2024

.” The case is important because social media is increasingly used by government organizations to push-out information; while those same avenues provide an important public mechanism for voicing opposition. Using “government staff to make a post” will very likely be deemed an official act.

Government 64

Government Court Statute Cause of Action 64

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Kavanaugh wrote a short concurrence, joined by Gorsuch, focused on the risks of judicial extension of remedies for implied causes of action.

Court Rules 98

Court Rules Contract Court Statute 98

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 98

Court Statute Cause of Action Contract 98

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. Code, § 810 et seq.)

Government 49

Government Court Contract Cause of Action 49

SCOTUSBlog

JANUARY 19, 2022

The question before the justices is whether a federal court hearing state law claims under the Foreign Sovereign Immunities Act must apply the state’s choice-of-law rules to determine what substantive law governs the claims at issue, or must instead use federal common law to choose the source of the substantive law. But under the U.S.

Laws 126

Laws Court Cause of Action Government 126

LawSites

FEBRUARY 22, 2023

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government.

Drafting 98

Drafting Legal Legal Contract 98

FDA Law Blog

JULY 8, 2024

That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive. According to the dissent, where the government is the claimant, it concerns a public right.

Court Rules 59

Court Rules Cause of Action Court Statute 59

The IP Law Blog

MARCH 14, 2024

The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It It is unclear from the Court’s Order as to why the OpenAI defendants did not also move to dismiss this cause of action.)

Cause of Action 112

Cause of Action Court Laws Legal 112

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late. Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief.

Court 106

Court Statute Cause of Action Government 106

SCOTUSBlog

FEBRUARY 8, 2025

Stewart 24-513 Issues : (1) Whether a prospective juror who alleges they were struck as the result of a policy, custom or usage of racial discrimination have a cause of action under 42 U.S.C. Zhongshan Fucheng Industrial Investment Co.

Attorney 65

Attorney Court Cause of Action Lawyer 65

Day on Torts

DECEMBER 30, 2020

Based on the reasoning of Mills , the Court concluded that the plaintiff in this case was sufficiently on notice of her cause of action on the date of the accident to begin the limitations period. internal citation omitted).

Cause of Action 64

Cause of Action Statute Tort Court 64

Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. government.

Court Rules 52

Court Rules Court Cause of Action Statute 52

LettersBlogatory

AUGUST 23, 2021

” France has an administrative claims process for victims of the Nazis and the Vichy government. It creates an exception to foreign sovereign immunity but does not itself create a cause of action. 1605A, does not just create an exception to immunity but also creates a federal cause of action).

Cause of Action 52

Cause of Action Statute Tort Court 52

Conflict of Laws

APRIL 13, 2023

The limitation in India is governed by the Limitation Act, 1963 (“Limitation Act”). Under Indian law, the limitation for the type of cause of action at stake, in this case, was three years as opposed to Malaysian law, where the limitation was six years. Interestingly, the Singapore Court of Appeal in BBA v.

Laws 98

Laws Procedural Law Contract Government 98

SCOTUSBlog

JUNE 28, 2024

Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government. “By ending Chevron deference,” he said in a statement, “the Court has taken a major step to preserve the separation of powers and shut down unlawful agency overreach.

Court 145

Court Statute Cause of Action Legal 145

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

Statute 101

Statute Court Contract Tort 101

JonathanTurley

NOVEMBER 23, 2021

” One of the most sought after positions are “Coker Fellows” who work as teaching assistants.

Cause of Action 52

Cause of Action Laws Law School Tort 52

NewmanFerraraLLP

MARCH 24, 2023

On appeal, the Appellate Division, Fourth Department, thought that the court below did not have the authority to excuse the contractor’s noncompliance with the governing procedure, as the pertinent Town Law section strictly required that such notices be filed “within six months after the cause of action shall have accrued.”

Cause of Action 52

Cause of Action Construction Statute Contract 52

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society. In the case of A.B.C.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

JonathanTurley

JULY 23, 2021

Government boycotts run against the grain of such principles but many are calling for barring sales of the ice cream after it announced it will no longer sell ice cream in “Occupied Palestinian Territory.” NO PRIVATE CAUSE OF ACTION. (a) The American Dream for many is based on notions the free market and free speech.

Cause of Action 59

Cause of Action Government Manufacturing Laws 59

SCOTUSBlog

NOVEMBER 7, 2022

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., HHC argues that courts must read Section 1983 against the background of 1871 common law (when Congress enacted the KKK Act); common law at that time did not allow third-party beneficiaries to enforce contracts, particularly government contracts.

Stare Decisis 98

Stare Decisis Statute Court Contract 98

SCOTUSBlog

APRIL 25, 2022

Calling the 9th Circuit’s decision an extension of Miranda into Section 1983 litigation, Martinez characterized the court’s landmark decision as a judicially crafted prophylactic Fifth Amendment “protective fence” that does not create a Section 1983 cause of action for money damages. That’s what Section 1983 is for,” Hoffman asserted.

Cause of Action 137

Cause of Action Court Litigation Litigating 137

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. Patent and Trademark Office ….

Contract 98

Contract Litigation Litigating Cause of Action 98