SCOTUSBlog

NOVEMBER 3, 2023

The government contends, though, that it has sovereign immunity and thus cannot be forced, as a private lender could be forced, to comply. The lower courts rejected the government’s argument, but the justices have agreed to take a second look. The government would limit that situation to two narrow statutory scenarios.

Statute 117

Statute Government Cause of Action Drafting 117

Constitutional Law Reporter

SEPTEMBER 23, 2024

2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The Court’s decision gives plaintiffs significantly more time to bring APA claims against the federal government. 2401(a), the default six-year statute of limitations applicable to suits against the United States.

Statute 52

Statute Cause of Action Constitutional Law Court 52

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. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

Statute 96

Statute Cause of Action Government Court 96

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Construction Court 45

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Kavanaugh wrote a short concurrence, joined by Gorsuch, focused on the risks of judicial extension of remedies for implied causes of action.

Court Rules 98

Court Rules Contract Court Statute 98

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.

Court 107

Court Statute Cause of Action Government 107

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

SCOTUSBlog

JUNE 28, 2024

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. T]he Supreme Court today says individual judges around the country should decide the best reading of a statute.

Court 145

Court Statute Cause of Action Legal 145

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.

Statute 101

Statute Court Contract Tort 101

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. ,

Statute 115

Statute Cause of Action Sports Court 115

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

Stare Decisis 98

Stare Decisis Statute Court Contract 98

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 142

Government Immigration Cause of Action Litigating 142

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

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.

Cause of Action 64

Cause of Action Statute Tort Court 64

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

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.

Government 64

Government Court Statute Cause of Action 64

Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. The first is when a statute expressly states that it is stripping immunity from a sovereign entity. government. government.

Court Rules 52

Court Rules Court Cause of Action Statute 52

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.)

Government 49

Government Court Contract Cause of Action 49

NewmanFerraraLLP

MARCH 24, 2023

On appeal, the Appellate Division, Fourth Department, thought that the court below did not have the authority to excuse the contractor’s noncompliance with the governing procedure, as the pertinent Town Law section strictly required that such notices be filed “within six months after the cause of action shall have accrued.”

Cause of Action 52

Cause of Action Construction Statute Contract 52

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).

Tort 127

Tort Court Laws Litigating 127

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.

Statute 59

Statute Cause of Action Court Rules Litigating 59

LettersBlogatory

AUGUST 23, 2021

” France has an administrative claims process for victims of the Nazis and the Vichy government. It creates an exception to foreign sovereign immunity but does not itself create a cause of action. 1605A, does not just create an exception to immunity but also creates a federal cause of action).

Cause of Action 52

Cause of Action Statute Tort Court 52

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. §

Statute 59

Statute Attorney Cause of Action Litigation 59

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?

Cause of Action 138

Cause of Action Court Litigating Litigation 138

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.

Statute 55

Statute Finance Government Cause of Action 55

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.

Divorce 59

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.

Court 104

Court Government Lawyer Lawyers 104

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.”

Tort 59

Tort Cause of Action Statute Court 59

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.

Litigation 75

Litigation Litigating Cause of Action Punitive Damages 75

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.

Calendaring 104

Calendaring Statute Court Cause of Action 104

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury). They alleged negligence, breach of s 6 of the CGA and breaches of the FTA.

Manufacturing 69

Manufacturing Court Statute Laws 69

Constitutional Law Reporter

FEBRUARY 8, 2024

Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. Moab Partners, L.P. :

Statute 52

Statute Cause of Action Entertainment Court 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.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Day on Torts

JANUARY 11, 2021

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

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.

Court 52

Court Cause of Action Government Court Rules 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 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