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.

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

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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.

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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. Both Reed and Texas agree, Kavanaugh observed, that the statute of limitations for his claim is two years. By a vote of 6-3, the justices reversed a ruling by the U.S.

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Court Statute Cause of Action Government 96

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.

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Stare Decisis Statute Court Contract 94

Patently O

APRIL 17, 2024

” crocs opening brief crocs amicus INTA crocs response crocs reply The Lanham Act allows for a civil action for false advertising. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § 1125(a)(1)(B) (Section 43 of the Lanham Act). .” See Zenith Elecs. Exzec, Inc. ,

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Statute Cause of Action Sports Court 113

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.)

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Government Court Contract Cause of Action 49

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.

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Court Laws Cause of Action Constitutional Law 52

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.

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Cause of Action Statute Tort Court 64

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.

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Manufacturing Court Statute Laws 69

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.

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Cause of Action Statute Tort Court 52

Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Natural Resources Defense Council , 467 U.S.

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Statute Cause of Action Entertainment Court 52

Day on Torts

APRIL 15, 2022

After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. Plaintiff argued that the statute did not apply to Ms. Reid and CRMC. Code Ann. §

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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) ).

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Tort Court Laws Litigation 125

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.

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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

SCOTUSBlog

JULY 2, 2024

But Justice Ketanji Brown Jackson, writing for the dissenting liberal bloc, warned that the decision could have “staggering” implications, particularly in light of the court’s decision on June 28 eliminating the doctrine of deference to an agency’s reasonable interpretation of the laws that it administers.

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Court Statute Cause of Action Administrative Law 138

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]

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SCOTUSBlog

APRIL 19, 2022

Even if they cannot recite the lyrics to the national anthem or the Pledge of Allegiance, they likely can recite Miranda ’s warnings: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to a lawyer; If you cannot afford a lawyer, one will be appointed for you.

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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. 1229(a) , the government must provide a “notice to appear” in all removal proceedings. Under 8 U.S.C. Tori Madden) The question before the justices on Jan. Yonas Fikre, a U.S.

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Day on Torts

JANUARY 11, 2021

Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied. internal citation omitted). There is, however, an exception to the immunity provided by the Public Duty Doctrine.

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SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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Cause of Action Court Administrative Law Statute 145

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. Thomas asked, “what does that mean?

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SCOTUSBlog

MARCH 28, 2023

is whether and to what extent the federal trademark statute, known as the Lanham Act, applies to infringing conduct that takes place outside the United States. Since Steele was decided, the court has refined the presumption that Congress generally does not intend to apply a federal law outside the United States.

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Statute Court Cause of Action Government 95

Day on Torts

MAY 3, 2022

A special duty of care can arise in three ways, one of which is when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct,” and plaintiff argued that the sheriff’s deputy here engaged in reckless misconduct such that the public duty doctrine did not apply. internal citation omitted).

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Tort Cause of Action Court Statute 59

ClimateChange-ClimateLaw

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F. BP P.L.C. , At the moment, it’s pretty messy out there.

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Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge.

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Patently O

MARCH 18, 2024

. = = = One interesting aspect of this decision relates to absence of a statute of limitations. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. The plaintiffs filed their lawsuit in 2019.

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Statute Cause of Action Court Rules Litigation 57

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. 47 U.S.C. § 230(b)(5).

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Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6]

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Tort Litigation Litigating Finance 75

Conflict of Laws

NOVEMBER 22, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. extraterritorial jurisdiction has caused “severe harm … to the international political and economic order and the international rule of law.” law rather than expand it. Written by Bill Dodge , the John D.

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Statute Criminal Law Laws Court 59

LexForti

APRIL 30, 2021

Now, adverting to the Report of the Insolvency Law Committee of March 2018 which sets forth the reason for the introduction of Section 238A into the Code, it is imperative to quote the observation of the learned division bench in B.K. the Competition Act, no period of limitation has been prescribed, would not lead to any anomalous situation.

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Cause of Action Court Statute Education 52

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigation Litigating 55

Strictly Business

OCTOBER 30, 2017

It’s hard to imagine a startup that does not collect some form of sensitive information in digital form, and the collection, use, and disclosure of such information is regulated under federal, state, and even international laws. Federal Laws Governing Data Privacy.

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Laws Government Litigation Litigating 52

SCOTUSBlog

MARCH 30, 2022

As explained in the case preview , the precedents governing state immunity from suit are complex and not always consistent with one another. Justice Elena Kagan asked why there were “two separate buckets” for cases governing the elimination of state sovereign immunity. But because he worked for Texas, he had no cause of action.

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Statute Cause of Action Court Government 101