Patently O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

Case Management 105

Case Management Litigating Litigation Cause of Action 105

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.

Government 128

Government Immigration Cause of Action Litigating 128

SCOTUSBlog

AUGUST 19, 2022

Under the Fifth Amendment, “private property” cannot be “taken for public use” by the government “without just compensation.” Four years later, however, with the companies on their feet, the government changed its mind. They filed a series of lawsuits against the government. The court in Collins v. Coinbase, Inc.

Court 110

Court Government Cause of Action Finance 110

SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States. Why, you might ask, should this matter?

Statute 93

Statute Cause of Action Government Court 93

LawSites

FEBRUARY 22, 2023

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government.

Drafting 98

Drafting Legal Legal Contract 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. emphasis added).

Contract 98

Contract Litigating Litigation Cause of Action 98

ClimateChange-ClimateLaw

DECEMBER 21, 2021

Yet it significantly advances climate litigation in Brazil, with important consequences for future cases. This is the first time that a court has drawn the differences between environmental and climate litigation. The decision may have gone unnoticed. Background. Brazil and Federal Prosecutor Office v. Significance of the decision.

Legal 81

Legal Legal Court Litigating 81

Patently O

MAY 17, 2021

1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. Townes, Repeated and Specific Litigation Threats – Sufficient Minimum Contacts, Knobbe Martens Blog (2021). [3] 2001) (same); Akro Corp.

Litigating 110

Litigating Litigation Cause of Action Court 110

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Local and state government plaintiffs want the cases to remain in state court, where they can argue that climate nuisance claims are similar to past common law efforts to hold companies accountable for misleading the public about their products’ harms, like those against tobacco companies. Chevron Corp.

Court 85

Court Tort Cause of Action Litigation 85

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.) Inevitable discovery.

Government 49

Government Court Contract Cause of Action 49

SCOTUSBlog

JUNE 8, 2022

These include drug seizures at the inn, Boule’s role as a paid government informant, and his Canadian conviction for human trafficking. But Bivens “is concerned solely with deterring the unconstitutional acts of government officers” with the goal of preventing constitutional violations. Gorsuch’s concurrence.

Court 105

Court Cause of Action Government Litigation 105

SCOTUSBlog

JUNE 28, 2024

Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government. This is a win for individual liberty and the Constitution,” But Kym Meyer, the litigation director for the Southern Environmental Law Center, decried the ruling in a statement. “[T]he

Court 145

Court Statute Cause of Action Legal 145

FDA Law Blog

JULY 8, 2024

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. According to the dissent, where the government is the claimant, it concerns a public right.

Court Rules 59

Court Rules Cause of Action Court Statute 59

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 99

Statute Court Contract Tort 99

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.

Cause of Action 120

Cause of Action Court Litigating Litigation 120

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 100

Court Government Lawyers Lawyer 100

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society. In the case of A.B.C.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

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.

Litigating 52

Litigating Litigation Tort Cause of Action 52

SCOTUSBlog

MAY 15, 2023

But that is not the question the justices agreed to review – the lower courts assumed that the board had sovereign immunity and so did not address the question at all – and Justice Elena Kagan’s opinion for a majority of eight declines to decide that question at this late stage of the litigation.

Statute 52

Statute Finance Government Cause of Action 52

Strictly Business

OCTOBER 30, 2017

Federal Laws Governing Data Privacy. Currently, the legal framework for data privacy consists of a patchwork of state and federal laws and regulations and industry standards that govern the collection, use, and disclosure of private information.

Laws 52

Laws Government Litigating Litigation 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.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Patently O

MARCH 18, 2024

(a) Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues. Advanced Cardiovascular Sys. 286, is specifically limited to remedies for infringement.

Statute 59

Statute Cause of Action Court Rules Litigating 59

Day on Torts

JANUARY 11, 2021

Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. internal citation omitted). Plaintiff alleged that both the first and third special relationship exceptions to the Public Duty Doctrine applied.

Cause of Action 59

Cause of Action Tort Court Statute 59

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. According to the declaratory judgment action that it filed with the U.S.

Laws 97

Laws Cause of Action Litigating Litigation 97

Day on Torts

APRIL 15, 2022

The access claim does not assert ‘a litigating opportunity yet to be gained or an opportunity already lost,’ nor is there an underlying cause of action the vindication of which is prevented by the denial of access to the courts.

Statute 59

Statute Attorney Cause of Action Litigating 59

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

Tort 75

Tort Litigating Litigation Finance 75

ClimateChange-ClimateLaw

MAY 12, 2023

Nearly all of the state and local government plaintiffs filed their cases in state court. Strategic pleading by government plaintiffs The appellate court decisions to remand the cases to state court turned on decisions over whether the plaintiff’s claims’, although frame as state law claims, actually arise under federal law.

Court 64

Court Court Decisions Government Laws 64

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.

Court 59

Court Government Litigation Litigating 59

Conflict of Laws

DECEMBER 19, 2022

The decision illustrates that the relevance of the domicile of natural persons for the jurisdiction in direct actions for damages against board members (Art 4, 62 Brussels Ia Regulation) can lead to the fact that courts of different member states have to decide on crucial aspects of complex investor litigation at the same time.

Court 52

Court Cause of Action Laws Procedural Law 52

Conflict of Laws

SEPTEMBER 24, 2021

The remedy of a Mareva injunction (or freezing injunction) was developed as a means of curtailing this form of bad litigation tactics by a judgment debtor. i) that he has a cause of action against the defendant which is justiciable in Nigeria: [10] See – Siskina (Owners of Cargo lately laden on borad) v distas Compania S.A

Court 52

Court Cause of Action Litigating Litigation 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.

Statute 59

Statute Criminal Law Laws Court 59

Conflict of Laws

DECEMBER 17, 2020

Successive Nigerian governments across all tiers have made the attraction of foreign investments a cardinal part of their economic policies and have accordingly made deliberate efforts and committed abundant resources to attract foreign investments into Nigeria. [1]

Laws 52

Laws Stare Decisis Legal Legal 52

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

SCOTUSBlog

APRIL 17, 2025

Konan , the government now seeks review. In an unusual move, Konan, reprented by the Stanford Law School Supreme Court Litigation Clinic, has filed a conditional cross-petition ( Konan v. The government also says there are several record-specific reasons to believe Konan should lose. In United States Postal Service v.

Tort 89

Tort Court Litigating Litigation 89

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. The federal government’s arguments.

Cause of Action 102

Cause of Action Immigration Tort Government 102

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 98

Court Statute Cause of Action Contract 98

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.

Litigating 75

Litigating Litigation Cause of Action Punitive Damages 75