Patently O

SEPTEMBER 29, 2023

First Quality says that the accrual of a claim, the event that triggers the running of a statute of limitations, occurs when “a plaintiff knows of a cause of action,” but that is not ordinarily true. As we wrote in Petrella , “[a] claim ordinarily accrues when [a] plaintiff has a complete and present cause of action.”

Statute 124

Statute Cause of Action Court Litigating 124

Conflict of Laws

FEBRUARY 5, 2021

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.

Cause of Action 98

Cause of Action Laws Court Litigating 98

ClimateChange-ClimateLaw

JUNE 11, 2024

These ordinances were adopted despite a state law that prohibits local governments from placing restrictions on wind or solar facilities unless those restrictions: (a) protect health or safety; (b) do not significantly increase the cost or decrease efficiency; or (c) allow for an alternative system of comparable cost and efficiency.

Cause of Action 111

Cause of Action Government Legal Legal 111

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 Litigation Litigating Cause of Action 105

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 99

Statute Cause of Action Government Court 99

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 111

Court Government Cause of Action Finance 111

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

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

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 118

Court Cause of Action Government Litigating 118

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 Litigation Litigating 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 Litigation 81

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.

Litigation 75

Litigation Litigating Cause of Action Punitive Damages 75

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.

Litigation 110

Litigation Litigating Cause of Action Court 110

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. Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief.

Court 108

Court Statute Cause of Action Government 108

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.

Tort 128

Tort Court Laws Litigating 128

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 Litigating 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 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

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 138

Cause of Action Court Litigating Litigation 138

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

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.

Court 141

Court Tort Litigating Litigation 141

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 102

Statute Court Contract Tort 102

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 105

Court Government Lawyer Lawyers 105

ClimateChange-ClimateLaw

MARCH 21, 2022

The decision has significant implications for future climate litigation claims in Australia. Prior to this decision, the Sabin Center’s Network of Peer Review Scholars on Climate Litigation held a webinar on the Sharma case. Sharma and Others and its impact for climate litigation in Australia. Background on the claim.

Litigating 40

Litigating Litigation Court Personal Injury 40

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

JonathanTurley

OCTOBER 31, 2021

In 2015, the federal and state governments are cracking down on cosmetic contact lenses to give people spooky eyes. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 52

Tort Litigating Litigation Construction 52

JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

Tort 50

Tort Litigating Litigation Construction 50

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 55

Statute Finance Government Cause of Action 55

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 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. 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 Litigation 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 Litigation Litigating 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