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.

Government 89

Government Statute Cause of Action Litigation 89

JURIST

FEBRUARY 11, 2022

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.

Punitive Damages 211

Punitive Damages Cause of Action Human Resources Contract 211

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.

Laws 118

Laws Court Cause of Action Government 118

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

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 104

Cause of Action Government Legal Legal 104

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

JonathanTurley

NOVEMBER 23, 2021

That is the complaint by two law students (identified only as John Doe and Jane Doe) who allege that they were blackballed for supporting Professor Amy Chua, who was previously discussed as embroiled in a controversy at the school after she defended Justice Brett Kavanaugh. became the subject of pernicious law school gossip.

Cause of Action 35

Cause of Action Laws Law School Tort 35

SCOTUSBlog

MARCH 1, 2022

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.-Canada The judicially created Bivens cause of action functions as the counterpart to 42 U.S.C. Six Unknown Named Agents. Canada border.

Cause of Action 97

Cause of Action Immigration Tort Government 97

Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. , of Philadelphia v.

Court 52

Court Laws Cause of Action Constitutional Law 52

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. The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail?

Court 145

Court Statute Cause of Action Legal 145

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

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

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. Trade secrecy rights are an extension of these general privacy and began as common law. In 2016, the U.S.

Cause of Action 97

Cause of Action Government Laws 97

LettersBlogatory

AUGUST 23, 2021

They argued that they had a right of action under 28 U.S.C. 1605(a)(3), which creates an exception to foreign sovereign immunity when the case concerns “rights in property taken in violation of international law.” ” France has an administrative claims process for victims of the Nazis and the Vichy government.

Cause of Action 52

Cause of Action Statute Tort Court 52

LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

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. With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions.

Court Rules 98

Court Rules Court Contract 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 88

Court Statute Cause of Action Contract 88

LawSites

FEBRUARY 22, 2023

The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea.

Drafting 98

Drafting Legal Legal Contract 98

SCOTUSBlog

JANUARY 2, 2024

After a year’s worth of extensions, Ritenour filed a habeas petition on Gamboa’s behalf, raising only a handful of boilerplate challenges to the state’s death penalty laws. Hicks 23-324 Issues : (1) Whether a cause of action exists under Bivens v. It even included a leftover mention of Mr. Crosby. Ferreyra v.

Attorney 129

Attorney Cause of Action Court Government 129

SCOTUSBlog

JUNE 8, 2023

. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.

Statute 98

Statute Court Contract Tort 98

NewmanFerraraLLP

MARCH 1, 2023

And after reviewing the governing law, it concluded that Stennet had failed to provide the required written disclosures. and not more than four times the sum so received " (Real Property Law § 442-e [3]).” and not more than four times the sum so received " (Real Property Law § 442-e [3]).”

Real Estate 52

Real Estate Cause of Action Government Laws 52

At the Lectern

JULY 14, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Lemon Law. City of Rancho Palos Verdes, in which the issue was limited to: “Can a public entity be held liable under Government Code section 830.8 The court granted review in Rodriguez v. FCA US, LLC. design immunity?” (See See here and here.)

Court 49

Court Laws Cause of Action Manufacturing 49

The Fashion Law

DECEMBER 20, 2021

It follows from the similarly-noteworthy July 2021 securities class action lawsuit that an individual named Jeeun Friel filed against Dapper Labs Inc., securities laws in the process, as the NFTs were not registered with the Securities and Exchange Commission. The RealReal Files Anti-Competition Counterclaims Against Chanel.

Laws 97

Laws Cause of Action Litigation Litigating 97

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. a municipal entity.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury). In response, 3AC protested the New Zealand court’s jurisdiction.

Manufacturing 69

Manufacturing Court Statute Laws 69

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. To govern certain disputes after the expiration of the Covenant Term, the MCA further stated: [T]he Parties agree that all Potential Actions arising under U.S. Patent and Trademark Office ….

Contract 98

Contract Litigation Litigating Cause of Action 98

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 88

Court Statute Cause of Action Government 88

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. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

Court 80

Court Tort Cause of Action Litigation 80

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 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. The post SCOTUS Poised to Decide Fate of Chevron Doctrine appeared first on Constitutional Law Reporter. 837 (1984).

Statute 52

Statute Cause of Action Entertainment Court 52

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. 1605(a)(3) ).

Tort 124

Tort Court Laws Litigation 124

Patently O

JANUARY 4, 2024

Hsuanyeh Law Group v. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. In American Institute of Physics v.

Law Firm 122

Law Firm Law Firms Attorney Legal Research 122

Constitutional Law Reporter

APRIL 10, 2024

The justices unanimously held that speech by a government official about job-related topics on social media is attributable to the state only if the official had actual power to speak on the state’s behalf and purported to exercise that authority when he spoke on social media. . _ (2024), the U.S.

Court 52

Court Cause of Action Government Court Rules 52

Conflict of Laws

APRIL 25, 2024

The wide-reaching effect of a previous Court of Appeal decision on the interpretation of gateway (n) which covers a claim brought under statutes dealing with serious crimes such as corruption and dug trafficking and ‘any other written law’ is also yet to be grasped by litigants. [5]

Court 69

Court Cause of Action Laws Contract 69

ClimateChange-ClimateLaw

MAY 12, 2023

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Second are cases that allege the fossil fuel company activities violate state consumer protection laws. On April 24, the U.S.

Court 57

Court Court Decisions Government Laws 57

Patently O

FEBRUARY 17, 2023

The following guest post comes from Berkeley Law Professor Peter S. Professor Elizabeth Rowe litigated trade secrets cases before entering academia, where she has published numerous trade secret articles and co-authored the first trade secret law casebook. The following is an introduction and request for comments. – D.C.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

ClimateChange-ClimateLaw

DECEMBER 2, 2022

Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. Many of those cases include similar arguments that the companies knowingly marketed harmful products and misled the public about those harms.

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Litigation Litigating Cause of Action Punitive Damages 98