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

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 131

Government Immigration Cause of Action Litigation 131

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

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 104

Court Government Cause of Action Finance 104

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

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 94

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).

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 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.

Litigating 110

Litigating Litigation Cause of Action Court 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 78

Statute Cause of Action Government Court 78

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 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

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 112

Tort Court Laws Litigation 112

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 91

Court Statute Cause of Action Government 91

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

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 128

Court Tort Litigation Litigating 128

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 Lawyer Lawyers 100

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 118

Cause of Action Court Litigation Litigating 118

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

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 53

Tort Litigating Litigation Construction 53

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 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 51

Tort Litigating Litigation Construction 51

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.

Litigation 52

Litigation Litigating 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 53

Statute Finance Government Cause of Action 53

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 Litigation 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

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

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

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]

Cause of Action 69

Cause of Action Court Laws Contract 69

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

Tort 59

Tort Cause of Action Court Statute 59

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 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.

Statute 59

Statute Criminal Law Laws Court 59

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