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.

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Court Statute Cause of Action Legal 145

ClimateChange-ClimateLaw

DECEMBER 2, 2022

and global climate litigation movement. 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. climate litigation brought by cities and other subnational jurisdictions is still rare.

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Litigation Litigating Cause of Action Punitive Damages 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.

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Court Statute Cause of Action Contract 94

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. emphasis added).

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Contract Litigation Litigating Cause of Action 98

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.

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Cause of Action Court Entertainment Constitutional Law 52

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.

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Statute Court Contract Tort 101

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.

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Cause of Action Court Litigation Litigating 131

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. 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

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.

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Court Government Lawyer Lawyers 103

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.

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Statute Attorney Cause of Action Court 59

Conflict of Laws

APRIL 25, 2024

4] As Three Arrows illustrates though, old habits die hard and the limits of the ‘non-exhaustive’ nature of the jurisdictional gateways remains to be tested by litigants. 16] The respondent was clearly the legal owner; the question was whether the assets belonged beneficially to the applicant. [17] The point is explained here. [6]

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Court Cause of Action Laws Contract 69

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

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Litigation Litigating Tort Cause of Action 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). The doctrine appears to be expanding beyond its original boundaries.

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Cause of Action Tort Court Statute 59

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.

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Court Cause of Action Laws Legal 52

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.

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Court Court Decisions Government Laws 59

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”.

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Litigation Litigating Laws Tort 68

The Fashion Law

DECEMBER 20, 2021

This year, the filing of a number of fashion and broader retail industry lawsuits and developments in previously-filed ones stood out in the crowded landscape of litigation in many cases because they indicate larger trends within the fashion space. Nike Sued MSCHF Over Modified “Satan Shoes”.

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Laws Cause of Action Litigation Litigating 97

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 141

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. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigation Litigating 55

JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes.

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Tort Litigation Litigating Manufacturing 33

JonathanTurley

OCTOBER 31, 2021

However, there are still some notable additions that raise more legal frights. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. In 2015, the federal and state governments are cracking down on cosmetic contact lenses to give people spooky eyes.

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Tort Litigation Litigating Manufacturing 34

SCOTUSBlog

DECEMBER 2, 2023

Bankruptcy Judge Robert Drain called the settlement a “bitter result” but noted the costs and risks of continuing to litigate rather than settle the disputes. Trustee, and the federal government have a right to challenge the confirmation of the plan at all. There are two main questions before the Supreme Court. In any event, the U.S.

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Court Tort Litigation Litigating 140

Conflict of Laws

MARCH 22, 2022

It gives information on newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. As a consequence of its application, all claims are governed by the same applicable law, thereby fostering the effectiveness of collective redress.

Contract 8

Contract Tort Litigation Litigating 8

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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Cause of Action Court Tort Civil Law 40

LexForti

APRIL 30, 2021

However, a suit for recovery based upon a cause of action that is within the limitation can in no way affect the separate and independent remedy of a winding-up proceeding by somehow keeping the debt breathing. Moreover, an unconditional acknowledgement is enough to ‘furnish a cause of action’ for it implies a promise to pay.

Cause of Action 52

Cause of Action Court Statute Education 52

Strictly Business

OCTOBER 30, 2017

The purpose of this post is to outline the legal framework that creates your obligations to safeguard customer data and the consequences of failing to comply with these laws. Federal Laws Governing Data Privacy. It also prohibits using misleading or false information in email headers, or subject lines that are materially misleading.

Laws 52

Laws Government Litigation Litigating 52

Conflict of Laws

NOVEMBER 22, 2023

Jurisdiction to prescribe (the authority to make law) and jurisdiction to adjudicate (the authority to apply law) are very different things and are governed by different rules of domestic and international law. Congress clearly intended its cause of action for trafficking in confiscated property to discourage non-U.S.

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Statute Criminal Law Laws Court 59

ClimateChange-ClimateLaw

NOVEMBER 16, 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. climate litigation charts. The Ninth Circuit also found that modification of the injunction due to EPA’s rulemaking action did not threaten separation of powers.

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Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JANUARY 13, 2021

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. climate litigation charts. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 141.

Court 52

Court Government Technology Assisted Review Litigation 52

SCOTUSBlog

JUNE 20, 2024

Eagle County, Colorado , the coalition, supported by seven “friend of the court” briefs filed by Indian tribes, the state of Utah, and various interest groups, argues that NEPA does not require an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. But the U.S.

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Court Laws Government Real Estate 109

JonathanTurley

OCTOBER 30, 2023

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. The trial court granted the motion and dismissed the actions against the manufacturers.

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Tort Litigation Litigating Manufacturing 39

Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

Laws 52

Laws Stare Decisis Legal Legal 52

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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Stare Decisis Court Statute Government 145

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. climate litigation charts. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”

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Litigation Litigating Court Laws 40

JonathanTurley

FEBRUARY 20, 2021

In fairness to Nunes’ legal team, there was a good-faith argument that New York or Virginia law should apply rather than California’s law. Both parties agreed that Virginia law would govern on choice of law since Nunes initiated this lawsuit in Virginia. Budget RentA-Car Sys., 2d 324, 326 (Va. Companies, Inc.,

Tort 31

Tort Cause of Action Laws Court 31

ClimateChange-ClimateLaw

JULY 2, 2021

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. climate litigation charts. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 147.

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Court Statute Litigation Litigating 45

JonathanTurley

NOVEMBER 29, 2020

Here are the counts: FIRST CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (OCTOBER 21, 2016 FISA WARRANT – ORIGINAL) (Against All Individual Defendants). SECOND CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (JANUARY 12th, 2017 FISA WARRANT – FIRST RENEWAL) (Against All Individual Defendants).

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Cause of Action Tort Attorney Depositions 37