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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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. ” 42 U.S.C.

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FDA Law

JULY 8, 2024

The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. 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.

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Court Rules Cause of Action Court Statute 59

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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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 argued that the statute did not apply to Ms. Next, plaintiff attacked the constitutionality of the statute.

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Statute Attorney Cause of Action Litigation 59

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

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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.

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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.

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Laws Government Litigation Litigating 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. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

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Cause of Action Court Tort Civil Law 40

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).

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Cause of Action Tort Court Statute 59

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

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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Court Cause of Action Government Court Rules 52

ClimateChange-ClimateLaw

MAY 23, 2018

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. At the moment, it’s pretty messy out there.

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Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

JUNE 25, 2025

The relists this week look especially likely to yield grants, with the government or respected “friends of the court” urging review. The federal government – normally in the business of defending federal statutes – filed a brief agreeing with the challengers and urging the justices to take up the case. The real eyebrow-raiser?

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Immigration Cause of Action Court Statute 105

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. National Environmental Development Association’s Clean Air Project v. Williams , No.

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Court Government Litigation Litigating 59

LexForti

APRIL 30, 2021

Also, the argument that the NCLAT is an appellate tribunal which is common to three statutes, under one of which, viz., Merely because appeals under different statutes are sent to one appellate tribunal would make no difference to the position in law. The finding in V Hotels Ltd., Tulip Star Hotels Ltd. & Anr. [13]

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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 2, 2025

Share The Supreme Court on Wednesday was divided over whether Planned Parenthood has a legal right under federal civil rights laws to challenge the order by South Carolinas governor barring abortion clinics, including Planned Parenthood, from participating in Medicaid. Congress, she emphasized, enacted the Medicaid Act a long time ago.

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Court Statute Cause of Action Laws 66

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).

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Tort Court Laws Litigation 120

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

Diane Drain

JULY 16, 2021

Arizona Residential Eviction Actions Procedures – effective July 15, 2021. IT IS FURTHER ORDERED beginning on the effective date of this Order, all other eviction cases shall be processed solely under Arizona statutes and rules, except as provided herein. PLEADINGS. This site is not just for COVID-19 information.

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Calendaring Statute Court Cause of Action 104

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 75

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.

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Cause of Action Statute Tort Court 52

Conflict of Laws

AUGUST 19, 2021

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. Thus, jurisdiction can be invoked either by residence [6] or simply by presence within jurisdiction. [7] ” [11]. .

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Court Contract Statute Court Rules 76

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.”

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Tort Cause of Action Statute Court 59

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] The point is explained here. [6] 7] [2024] SGHC 21 [46]. [8]

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Cause of Action Court Contract Laws 69

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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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.,

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Tort Cause of Action Laws Court 35

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.”

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Court Statute Cause of Action Administrative Law 136

JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. Her body exhibited “defensive wounds.”. 32; 285 S.W.

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JonathanTurley

OCTOBER 31, 2021

However, there are still some notable additions that raise more legal frights. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

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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

Conflict of Laws

AUGUST 30, 2024

Pitel, The statutory assertion of exclusive jurisdiction Statutes that create or codify causes of action sometimes contain jurisdiction provisions. In the private international law context, this raises the question of whether such a provision precludes the courts of any other jurisdiction from hearing a claim under the statute.

Laws 59

Laws Contract Statute Cause of Action 59

Constitutional Law Reporter

MAY 6, 2025

Initially, the detainees sought relief in habeas among other causes of action, but they dismissed their habeas claims. Circuit Court of Appeals denied the Governments emergency motion to stay the orders. The Government then applied to the Supreme Court, seeking vacatur of the orders. Supreme Courts Decision The U.S.

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Above The Law

JUNE 6, 2025

Generally speaking, if a judge begins an order — in a case where hundreds of men were illegally renditioned to a Salvadoran concentration camp directly against that judge’s orders — by talking about Franz Kafka’s The Trial , you’d think that the judge is going to go hard against the government. Franz Kafka, The Trial 5 (Breon Mitchell trans.,

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Government Court Construction Immigration 84

The Volokh Conspiracy

JULY 1, 2025

A court enforcing a federal statute must do so in a way that comports with the Constitution. 1791, 1817 (1992) ("The government cannot escape First Amendment scrutiny for its speech restriction by forcing someone else, on pain of liability, to implement that restriction."). Rodriguez v. Maricopa Cnty. Gartenberg (citing Rodriguez ).

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. The states appealed the dismissal of the case.

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