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. Both Reed and Texas agree, Kavanaugh observed, that the statute of limitations for his claim is two years. By a vote of 6-3, the justices reversed a ruling by the U.S.

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Court Statute Cause of Action Government 88

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. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

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Statute Court Contract Tort 98

SCOTUSBlog

MAY 15, 2023

The majority found that Congress had not written anything into the board’s founding statute that “deprived the board of sovereign immunity.” Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward.

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Statute Finance Government Cause of Action 54

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.

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Government Court Contract Cause of Action 49

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

Day on Torts

APRIL 15, 2022

Plaintiff argued that the statute did not apply to Ms. Reid and that the statute was unconstitutional, but the trial court ultimately granted the motion for attorney’s fees. Plaintiff argued that the statute was not applicable here, as Ms. Next, plaintiff attacked the constitutionality of the statute. Code Ann. §

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Statute Attorney Cause of Action Court 59

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.

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Cause of Action Laws Court Litigation 98

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.

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Tort Court Laws Litigation 124

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 101

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. Thomas asked, “what does that mean?

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Cause of Action Court Litigation Litigating 124

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.

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Cause of Action Tort Court Statute 59

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

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. 2] For step (a), the previous Order 11 gateways have been transcribed as a non-exhaustive list of factors. [3]

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Court Cause of Action Laws Contract 69

SCOTUSBlog

MARCH 28, 2023

is whether and to what extent the federal trademark statute, known as the Lanham Act, applies to infringing conduct that takes place outside the United States. Last week’s argument mainly revolved around how to apply this modern test to the trademark statute, enacted in 1946, and what precedential weight, if any, to attach to Steele.

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Statute Court Cause of Action Government 87

Day on Torts

MAY 3, 2022

A special duty of care can arise in three ways, one of which is when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct,” and plaintiff argued that the sheriff’s deputy here engaged in reckless misconduct such that the public duty doctrine did not apply. This opinion was released 8.5

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Tort Cause of Action Court Statute 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

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.

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Patently O

MARCH 18, 2024

. = = = One interesting aspect of this decision relates to absence of a statute of limitations. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. The plaintiffs filed their lawsuit in 2019.

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Statute Cause of Action Court Rules Litigation 57

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. In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes. Her body exhibited “defensive wounds.”. 32; 285 S.W. 455 (1926).

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Tort Litigation Litigating Manufacturing 35

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 54

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. In 2015, the federal and state governments are cracking down on cosmetic contact lenses to give people spooky eyes. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. If they are found 51 percent at fault, they are barred entirely from recovery.

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Tort Litigation Litigating Manufacturing 36

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]

Cause of Action 52

Cause of Action Court Statute Education 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.

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Cause of Action Court Tort Civil Law 40

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

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

SCOTUSBlog

JULY 1, 2021

solicitor general on cases the federal government isn’t involved in, the government not infrequently delivers its invited amicus briefs just in time for the court’s last scheduled conference. So it is no surprise to see that three of the new relists involve invited government briefs on a range of subjects. Cummings v.

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Compensatory Damages Government Court Cause of Action 85

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

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 101

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. 1442, or the civil-rights removal statute, 28 U.S.C. By Margaret Barry and Korey Silverman-Roati. and non-U.S. 20-783 (U.S.

Court 52

Court Government Technology Assisted Review Litigation 52

JonathanTurley

OCTOBER 30, 2023

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The trial court granted the motion and dismissed the actions against the manufacturers.

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Tort Litigation Litigating Manufacturing 44

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. In the Supreme Court, the fisheries are represented by former U.S.

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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

Both parties agreed that Virginia law would govern on choice of law since Nunes initiated this lawsuit in Virginia. That triggered Virginia’s application of the doctrine of lex loci delicti where “the law of the place of the wrong governs all matters related to the basis of the right of action.” Budget RentA-Car Sys.,

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Tort Cause of Action Laws Court 32

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 44