Cause of Action? Personal Injury 101
LegalReader
JANUARY 15, 2021
Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.
Cause of Action Laws Litigating 
Alabama governor signs bill aimed at protecting IVF following state supreme court ruling that embryos are children
JURIST
MARCH 7, 2024
Alabama Governor Kay Ivey signed a bill into law Wednesday night shielding in vitro fertilization (IVF) providers from legal liability, moments after it was passed by the legislature. The new law protects IVF providers from some civil lawsuits and criminal prosecutions.
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Cross-Border Litigation and Comity of Courts: A Landmark Judgment from the Delhi High Court
Conflict of Laws
MARCH 30, 2024
Written by Tarasha Gupta, student, Jindal Global Law School, Sonipat (India) and Saloni Khanderia, Professor, Jindal Global Law School In its recent judgment in Shiju Jacob Varghese v. It would also increase the costs of resolving any dispute, as multiple litigation proceedings may occur simultaneously.
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Smith v Fonterra: A Common Law Climate Litigation Breakthrough
ClimateChange-ClimateLaw
FEBRUARY 12, 2024
Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough.
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8 Steps to Be the Rockstar Personal Injury Paralegal
Paralegal Bootcamp
AUGUST 5, 2021
The backbone of all good personal injury law firms is its paralegals. Paralegals are essential to a personal injury law firm, whether for a solo practitioner or a large firm with many lawyers. A valuable personal injury paralegal is a paralegal who knows not only the law but also the medicine. Understand Medical Terminology.
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US and UK Rohingya refugees sue Facebook alleging dissemination of ‘hateful and dangerous misinformation’
JURIST
DECEMBER 6, 2021
.” The suit was filed by Chicago-based Edelson PC and seeks to apply Myanmar law to the plaintiffs’ claim in an attempt to circumvent § 230 of the Communications Decency Act —a US law that protects tech companies from content posted by users. ” Plaintiffs demand a jury trial.
Territorial Jurisdiction relating to Succession and Administration of Estates under Nigerian Private International Law
Conflict of Laws
FEBRUARY 5, 2021
Issues relating to succession and administration of estate of a deceased person raise significant issues in Nigerian private international law (or conflict of laws), whether a person dies testate or intestate. The claimants/respondents brought an action against the defendant/appellant before the Gombe State High Court.
Ways to Determine How Much Your Personal Injury Case is Worth
LegalReader
DECEMBER 17, 2020
But because personal injury law encompasses so many situations and causes of action, there is no set number. Personal injury lawsuits are intended to compensate those who are injured in accidents through no fault of their own.
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Court unanimously favors Tennessee in groundwater dispute with Mississippi
SCOTUSBlog
NOVEMBER 22, 2021
During oral argument , some of the justices expressed discomfort with the potential breadth of the equitable apportionment doctrine if they applied it to groundwater, envisioning a proverbial flood of interstate original-jurisdiction litigation about aquifers.
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No cause of action against employers for take-home COVID
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.
DISCO Licenses vLex Library In Move To Combine Legal Analysis with Factual Analysis within Its Platform
LawSites
NOVEMBER 8, 2023
primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We
Introducing the Trade Secret Case Management Judicial Guide
Patently O
FEBRUARY 17, 2023
The following guest post comes from Berkeley Law Professor Peter S. 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. The following is an introduction and request for comments. – D.C.
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Justices limit major SEC tool to penalize fraud
SCOTUSBlog
JUNE 28, 2024
Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”
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Do Lawyers Make Simple Things Difficult?
InHouseBlog
SEPTEMBER 27, 2021
Many lawyers come out of law school not knowing the practice of law but only the theory, and that theoretical underpinning can wreak havoc for some. Even looking at uneven pavement or a pothole gets some lawyers thinking of the potentially liable parties and the causes of action that could be asserted.
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Supreme Court strikes down Chevron, curtailing power of federal agencies
SCOTUSBlog
JUNE 28, 2024
Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail?
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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies
ClimateChange-ClimateLaw
FEBRUARY 23, 2022
Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.
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Scrub-a-Dub-Dub: FTC is Cleansing the Orange Book of Device Patents
FDA Law Blog
JUNE 13, 2024
As we explained back in March , Teva had initiated Hatch-Waxman pre-launch patent litigation against Amneal for infringement of 5 Orange Book-listed patents reading on the device constituent (a metered dose inhaler) of Teva’s combination product ProAir HFA. And on X (R.I.P. Twitter), the FTC is taking credit for that.
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Claim Preclusion Across Infringement Types
Patently O
JULY 5, 2023
Although it was discussed before the jury and in the litigation, no decision was made as to the infringement by ABS licensees resulting from the tech transfer. Although the case included an ongoing royalty, those cause real monitoring and enforcement problems.
Court explores continued private enforcement of spending clause enactments
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.
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New York sues New Jersey over compact governing Port of New York and New Jersey
SCOTUSBlog
APRIL 2, 2022
Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.
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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.
Day on Torts
DECEMBER 20, 2021
The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. Decedent himself ultimately accepted a settlement in lieu of further litigation.
Versace, Fashion Nova Settle Case Days Before the Start of Trial Over Copycat Wares
The Fashion Law
JULY 19, 2021
In terms the trademark/trade dress infringement causes of action that Versace set out in its complaint, Fashion Nova’s counsel claimed that these should similarly be barred for a number of different reasons. The case is Gianni Versace S.r.l. Fashion Nova, Inc., 2:2019-cv-10074 (C.D.Cal.).
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Mobbing Red Wing: Federal Circuit Eases Declaratory Judgment Personal Jurisdiction against Patent Holding Companies
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. Personal Jurisdiction as Patent Law Specific but Not Patent Law Specific. 2001) (same); Akro Corp. Luker , 45 F.3d 3d 1541, 1546 (Fed.
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Condé Nast Says Models Are “Inhibiting Free Speech” in Vogue Runway Lawsuit
The Fashion Law
NOVEMBER 23, 2021
In the answer that it filed on November 13, Condé Nast argues – by way of seventeen affirmative defenses – that the model plaintiffs’ remaining causes of action against it should be dismissed.
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Unpacking the liability argument against loss and damage funding
ClimateChange-ClimateLaw
NOVEMBER 7, 2022
it’s extremely unlikely that Congress would be willing to appropriate the necessary funds for loss and damage compensation, but resistance to loss and damage funding is often also framed as a concern that a funding agreement could give rise to unpredictable litigation and potentially unlimited liability. In the U.S., At COP25, the U.S.
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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs
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).
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In term-opener, justices will hear Mississippi’s complaint that Tennessee is stealing its groundwater
SCOTUSBlog
OCTOBER 1, 2021
The court’s decision could fundamentally restructure interstate groundwater law in the United States for decades — or the case could be dismissed immediately on the grounds that Mississippi has failed to allege the proper cause of action. In 1983, for example, it upheld the special master in Idaho ex rel.
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Justices throw cold water on Mississippi’s claim to groundwater
SCOTUSBlog
OCTOBER 6, 2021
Most notably, Sotomayor raised the suggestion from the law professors’ amicus brief that Mississippi might have a cause of action in interstate nuisance, while Kagan grilled the United States about the possibility of an interstate trespass.
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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine
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. He sued both Spain and the museum, alleging California common law claims including conversion and unlawful possession of personal property, and sought both damages and the return of the painting.
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Developments in Opposition to Renewable Energy Facilities Through December 2023
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.
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Akin Gump Loses Bid To Dismiss Legal Tech Company’s Counterclaims In Suit Over Ownership Of Bill-Drafting Software
LawSites
FEBRUARY 22, 2023
The law firm Akin Gump Strauss Hauer & Feld has lost its bid to dismiss four of five counterclaims filed by the legal technology company Xcential Legislative Technologies in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea.
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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change
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. IBAMA addresses matters related to environmental law, rather than Brazilian climate legislation. Background.
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Municipalities of Puerto Rico v. Exxon: a unique class action against fossil fuel companies presses for climate accountability in the United States
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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KlimaSeniorinnen and Gender
ClimateChange-ClimateLaw
MAY 9, 2024
Still, there is much more to discuss regarding its broader implications for climate litigation. This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. Gender remains an overlooked issue in climate litigation.
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An argument over suing police officers contains a warning about the future of Miranda rights
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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WHAT IS ASSOCIATIONAL DISCRIMINATION?
JayS.Rothman&Associates
MAY 17, 2023
These protections help safeguard employees against discrimination or retaliation which the law may not otherwise prohibit. What laws protect employees against associational discrimination? Protected Class Associational discrimination cases can be brought under various laws. 12112(b)(4).
Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose Civil Penalties in Administrative Proceedings
FDA Law Blog
JULY 8, 2024
The court ruled that the Securities and Exchange Commission (SEC) may not impose fines to penalize securities in its administrative proceedings because that practice violates the Seventh Amendment “right of trial by jury” in all “suits at common law.” Here are some brief facts of the case. SEC charged George Jarkesy Jr.
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Court revives DNA evidence case of Texas man on death-row
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.
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Territorial Jurisdiction for Disputes between Members of a Political Party in Nigeria
Conflict of Laws
JUNE 8, 2021
In Nigeria jurisdiction in matters of conflict of laws (called “territorial jurisdiction” by many Nigerian judges) also applies to matters of disputes between members of a political party in the inter-state context. [1]. The cause of action arose within the Federal Capital Territory or. In Oshiomhole v Salihu (No.
Exclusive: You keep using that word; I don’t think you know what it means.
Patently O
MARCH 21, 2021
Lots of work over the years has gone into determining whether a particular cause of action meets the arising under requirement of these provisions. 251 (2013) (patent litigation attorney malpractice lawsuit does not arise under the Patent Act). ” 28 U.S.C. See, for example, Gunn v. Minton , 568 U.S. III, Section 2.
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I See Dead People…Filing Lawsuits In New York
The IP Law Blog
JUNE 10, 2021
Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without. Had New York’s new law been in place at the time of her death, Ms.
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Court endorses private Section 1983 enforcement of spending clause enactments
SCOTUSBlog
JUNE 8, 2023
1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.
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SCOTUS Sides With Death Row Inmate in DNA-Testing Case
Constitutional Law Reporter
JUNE 1, 2023
According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.
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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?
ClimateChange-ClimateLaw
MARCH 21, 2022
The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim.
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