JURIST

APRIL 9, 2021

The Act prohibits D&E abortions, providing exceptions only for when the abortion is “necessary to preserve the life of the pregnant woman” or when “continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.”

Court 197

Court Cause of Action Government Legal 197

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. The post India court dismisses sedition claim against Kashmiri politician appeared first on JURIST - News - Legal News & Commentary. 50,000 ($684) to “discourage such endeavours.”

Court 151

Court Cause of Action Depositions Government 151

SCOTUSBlog

JUNE 28, 2024

Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.” The APA, Roberts noted, directs courts to “decide legal questions by applying their own judgment” and therefore “makes clear that agency interpretations of statutes — like agency interpretations of the Constitution — are not entitled to deference.

Court 145

Court Statute Cause of Action Legal 145

SCOTUSBlog

JANUARY 2, 2024

After obtaining new legal representation, Gamboa filed a motion to reopen the judgment on the ground that Ritenour had “abandoned” him. Hicks 23-324 Issues : (1) Whether a cause of action exists under Bivens v. A federal district court in Texas denied the motion, in part because it did not comply with procedural rules.

Attorney 129

Attorney Cause of Action Court Government 129

Conflict of Laws

APRIL 13, 2023

It will also look at the legality of limitation standstill agreements to defer the limitation period in the context of foreign-seated arbitration by examining prevailing legal principles together with relevant case laws and through the prism of the decision in the Extramarks case.

Laws 98

Laws Procedural Law Contract Government 98

SCOTUSBlog

APRIL 28, 2022

Jane Cummings, who is deaf and legally blind, sued Premier Rehab (a Texas rehabilitation facility that receives federal funding) for discriminating based on disability in violation of the Rehabilitation Act and the Affordable Care Act. Justice Stephen Breyer dissented, joined by Justices Sonia Sotomayor and Elena Kagan.

Court Rules 98

Court Rules Court Contract Statute 98

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

LettersBlogatory

AUGUST 23, 2021

On the other hand, it is very hard to see why, more than 75 years after the crimes of the Nazis and their French collaborators in France, a foreign national (or more precisely, his or her descendants) should have a legal remedy in a US court, for all sorts of reasons. As with the Germany v. But before the appeal was argued, in Philipp v.

Cause of Action 52

Cause of Action Statute Tort Court 52

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

Patently O

JANUARY 4, 2024

The role of attribution is also receiving increasing focus as attorneys begin to rely more heavily on AI outputs for their legal documents. This form of copying and imitation is a longstanding legal tradition, but the question is whether copying ever goes too far. I hope that they did not overbill the client. 3d 396 (S.D.N.Y.

Law Firm 122

Law Firm Law Firms Attorney Legal Research 122

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

NewmanFerraraLLP

MARCH 1, 2023

Since the $500 charge wasn’t contested, the AT2’s focus was on the propriety of the broker’s fee and whether the owner -- a licensed broker -- was legally entitled to collect same. And after reviewing the governing law, it concluded that Stennet had failed to provide the required written disclosures.

Real Estate 52

Real Estate Cause of Action Government Laws 52

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

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 98

Statute Court Contract Tort 98

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

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.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

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

SCOTUSBlog

NOVEMBER 7, 2022

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights. The district court dismissed the action, but the U.S.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

Patently O

APRIL 17, 2024

INTA argues that the existence of the false marking statute, which prohibits deceptively marking an unpatented article as patented, supports the notion that false claims about patent protection are actionable under the Lanham Act. See Zenith Elecs.

Statute 113

Statute Cause of Action Sports Court 113

Patently O

FEBRUARY 17, 2023

Professor Rebecca Wexler is a rising star in scholarship at the intersection of data, technology, and secrecy in the criminal legal system, with a particular focus on evidence law, trade secret law, and data privacy. Unlike a patent, which affords an exclusive right about the public, trade secrets are relative rights.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

SCOTUSBlog

APRIL 25, 2022

Tekoh may create a seismic shift in American constitutional criminal procedure, as the court’s resolution of the lawsuit here could take an axe to the legal and cultural oak known as Miranda warnings. The 9th Circuit’s conclusion to the contrary, then, is legally erroneous. In fact, Wednesday’s oral argument revealed that Vega v.

Cause of Action 124

Cause of Action Court Litigation Litigating 124

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.

Government 84

Government Statute Court Cause of Action 84

Day on Torts

AUGUST 2, 2021

At that time, Officer Godsey and a 911 operator “casually discussed the situation…[and] no action was taken then to shut down the highway or undertake any other preventative measures.” One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.”

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.”

Divorce 59

Divorce Cause of Action Statute Diligence 59

SCOTUSBlog

APRIL 19, 2022

Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Tekoh moved to suppress the government’s use of his un- Mirandized statement. A second trial occurred where the government, again, introduced Tekoh’s statement.

Court 101

Court Government Lawyer Lawyers 101

ClimateChange-ClimateLaw

MAY 12, 2023

Nearly all of the state and local government plaintiffs filed their cases in state court. And the Supreme Court was likely strongly influenced by this backdrop of lower court legal consensus that the cases should be sent back to state court. Fossil fuel company defendants responded by removing the cases to federal court.

Court 57

Court Court Decisions Government Laws 57

Conflict of Laws

JUNE 23, 2024

Most crucially, the court stated that because the cause of action set out in the summons was based on a foreign judgment that is not a money judgment, the provisional sentence cannot be granted (para 35). However, one should not be quick to pin this theoretical basis on South Africa’s legal regime.

Court 52

Court Cause of Action Laws Legal 52

Day on Torts

JANUARY 11, 2021

Plaintiff averred that the deputy’s decision to leave the downed tree unguarded was reckless, but the Court noted that it was not required to accept this allegation from the complaint as true since it was a legal conclusion. internal citation omitted).

Cause of Action 59

Cause of Action Tort Court Statute 59

SCOTUSBlog

JULY 2, 2024

joined a lawsuit challenging a 2011 regulation issued by the Federal Reserve Board governing the fees that merchants must pay whenever their customers use a debit card. Barrett explained that the statute of limitations “begins to run only when the plaintiff has a complete and present cause of action.”

Court 134

Court Statute Cause of Action Administrative Law 134

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. Thyssen-Bornemisza National Museum).

Tort 124

Tort Court Laws Litigation 124

Conflict of Laws

APRIL 25, 2024

On gateway (p), it was held that there was a good arguable case that the cause of action arose in Singapore because the trusts arose pursuant to the independent fund arrangement between the parties which was negotiated and concluded in Singapore. The point is explained here. [6] 7] [2024] SGHC 21 [46]. [8] 11] [2024] SGHC 21 [63]. [12]

Court 69

Court Cause of Action Laws Contract 69

Conflict of Laws

NOVEMBER 8, 2023

In accordance with this provision, the Supreme Court states that the civil action should be brought to a foreign court first, and subsequently the Dutch court to consider the same cause of action between the same parties. van Houtert, ‘Het 2019 Haags Vonnissenverdrag: een gamechanger in Nederland?

Court 49

Court Divorce Cause of Action Laws 49

LawSites

JANUARY 4, 2023

As I reported here in November , the law firm Akin Gump Strauss Hauer & Feld has sued Xcential for misappropriation of trade secrets, breach of contract, and other causes of action. House, the Oregon Legislature and other governments around the world. This is Stodder’s perspective on the lawsuit. First, the context.

Drafting 98

Drafting Technology Government Law Firm 98

Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU. 2 Brussels Ia. Steinbrück/J.F.

Court 52

Court Cause of Action Laws Legal 52

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim.

Litigation 40

Litigation Litigating Court Personal Injury 40

Day on Torts

APRIL 15, 2022

Reid had her “execute legal documents while under the influence of medication and falsely led [plaintiff] to believe that she could change her mind,” and that CRMC was vicariously liable for Ms. Reid’s actions. Plaintiff alleged that Ms.

Statute 59

Statute Attorney Cause of Action Court 59

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.

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Government Immigration Cause of Action Litigation 139