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The NewYork Court of Appeals ruled Tuesday that a lawsuit from Tax Equity Now NewYork (TENNY), which alleges disparities in the NewYork City property tax system are disproportionately burdening low-income and majority-people-of-color neighborhoods, can go forward in the NewYork state courts.
The City of Buffalo, NewYork Tuesday filed a complaint against major gun manufacturers for fueling gun violence through their business practices. The case is in the Supreme Court for the State of NewYork in Erie County. The complaint identifies the gun manufacturers as “ghost gun defendants.”
However, at oral argument, I explicitly told the judge that I thought that two of the causes of action really warranted dismissal and a more thorough look from the court and that I understood if the court did not want to dismiss the other causes of action. You can reach Jordan through email at jordan@rothman.law.
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 NewYork concerning governance and law enforcement over the Port of NewYork and New Jersey.
In many instances, contingency fees allow greater access to the legal system since clients who may not be able to pay for counsel fees might be able to pursue causes of action they otherwise would not be able to pursue if attorneys work on contingency. You can reach Jordan through email at jordan@rothmanlawyer.com.
In every private international law system, the forum state reserves the right to reject the application of a foreign rule that deeply offends the forums fundamental sense of justice and fairness. Standard Oil Co.
Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.
In an opinion by Justice Clarence Thomas, the court held that a Washington state innkeeper does not have implied causes of action against a federal agent for alleged First and Fourth Amendment violations arising from the enforcement of immigration laws along the border. Robert Boule is a U.S. Robert Boule is a U.S.
On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a NewYork federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .
Within hours of MSCHF dropping more than 600 pairs of its blood-infused “Satan Shoes” in March, Nike filed a trademark infringement and dilution suit , accusing the Brooklyn, NewYork-based “art collective” of “taking orders for the customized Nike Air Max 97 shoes” that it had “materially altered to prominently feature a satanic theme.”
a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. Keenan of the Southern District of NewYork will hear oral argument on the motions to dismiss filed in City of NewYork v.
Pirani present a stark contrast between text and policy arguments under the federal securities laws. As relevant here, Section 11 includes a private cause of action in federal court if the statement includes any information that is materially false or misleading, at the behest of “any person acquiring such security.”
Coscarelli sets the stage in the newly-filed 30-page complaint, asserting that “after winning Food Network’s Cupcake Wars and becoming a best-selling cookbook author, [she] founded ‘by Chloe’ – a first-of-its-kind fast-casual vegan restaurant chain” with NewYork-based ESquared Hospitality after pitching the concept to its CEO James Haber in 2014.
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.
Hsuanyeh Law Group v. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. In American Institute of Physics v.
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.
NewYork is slated to join the growing movement against non-compete agreements. [1] 1] On June 20, 2023, the NewYork State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers. [2] 22] [1] NewYork’s Imminent Non-Compete Ban , Sidley Austin (Jun.
Written by Akanksha Oak, Jindal Global Law School, India Introduction The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. were a corporation based in NewYork and owned the domain name www.hindustan.com.
Petitioner Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via NewYork, outside the inn. Moreover, that a new right is parallel to a recognized right is insufficient to extend the Bivens right of action. Respondent Robert Boule is a U.S. Gorsuch’s concurrence.
In a declaratory judgment action filed in October 2020 , WWW and Bernstein asked a NewYork federal court to formally declare that they did not run afoul of the indie intimates brand’s rights by using a lookalike “Silhouettes Design.” Fast forward to May 2021, and following a combination of the two cases before the U.S.
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Dawei Gongsun, Partner at DGW Kramer LLP (NewYork). [1] Zhou v Jing [2023] NSWSC 214 (Australia), [21] Yin v Wu [2023] VSCA 130 (Australia) [22] ).
and causes of action. After the NewYork County Supreme Court dismissed the buyer’s case, an appeal to the Appellate Division, First Department, ensued. Buyer Denied Excess Tax Monies When a property was sold on March 30, 2017, the deed provided that the seller was transferring "all of Seller's rights.
Indeed, some of these laws do not seem to support an actual boycott as opposed to a divestment in “listed companies.” ” Indeed, I am a bit confused by the disconnect between the rhetoric and the reality of these laws in calls for statewide boycotts. NO PRIVATE CAUSE OF ACTION. (a)
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Dawei Gongsun, Partner at DGW Kramer LLP (NewYork).
The post Former Brooks Brothers Owner at the Center of New $100 Million Legal Battle Over Sale of the Brand appeared first on The Fashion Law. Claudio Del Vecchio, et al. , 1:21-cv-04406 (SDNY).
Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. EB-5 Visa fraud judgments, but rejected the punitive damages awarded therein, echoing the same rule laid down in the 2021 Conference Summary.
District Court of the Southern District of NewYork, sided with the photographer, in part, and the NewYork-based brand. The post Fashion Brand’s Use of Bella Hadid Photo on Instagram is Not Fair Use, Says SDNY appeared first on The Fashion Law. In an order early this month , Judge Andrew Carter of the U.S.
For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in NewYork Times v. Notably, Nunes sought to challenge NewYork Times v.
Significantly, WGACA claims that Chanel has “proffered no evidence that any of WGACA’s ads has or is likely to cause consumer confusion.”. It is undisputed that Chanel did not authorize the first sale of these items,” and thus, the goods cannot be considered genuine as a matter of law and infringement is established,” Chanel argues.
and Costco have settled their long-running lawsuit over the warehouse chain’s sale of “Tiffany” rings that were not made or authorized by the famed NewYork jewelry company. for willful trademark infringement and counterfeiting – and remanded the case back to the district court for a new trial. Tiffany & Co.
Coty and a handful of its highly-ranking officers and directors have managed to escape the proposed class action lawsuit that was waged against it last year for allegedly running afoul of U.S. federal securities laws in connection with its P&G Specialty Beauty Business and Kylie Cosmetics acquisitions. ” (Counsel for Ms.
Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Second are cases that allege the fossil fuel company activities violate state consumer protection laws. On April 24, the U.S.
The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in NewYork Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc.
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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.
One of the three men convicted in the assassination of Malcolm X is seeking USD 40 million in compensatory damages from the City of NewYork after he was proven innocent of involvement in the killing last year. The post Man exonerated in assassination of Malcolm X seeks $40M from NYC appeared first on JURIST - News.
The US Court of Appeals for the Second Circuit decided Friday that Emilee Carpenter, a religious wedding photographer seeking an exemption to the NewYork Human Rights Law under the First Amendment, had enough factual basis for a claim and could proceed to the district court. ” Previously in 303 Creative LLC v.
Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada Boule told Egbert of a guest who had flown from Turkey to NewYork the previous day and was flying to Washington and driving to the inn.
NewYork’s post mortem right-of-publicity statute recently came into effect. 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 [NewYork] for advertising [or trade] purposes without.
It eventually travelled to NewYork and then to Saint Louis, Missouri, where it remained until 1976. 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. 1605(a)(3) ).
And in one more jab before setting out its causes of action, Yurman asserts that Mejuri similarly falls short on its purported sustainability credentials. Yurman sets out claims of unregistered trade dress infringement and state law dilution. The case is David Yurman Enterprises LLC, et al., Mejuri, Inc., 1:21-cv-10821 (SDNY).
In the 12 hours Novak’s page was live, it went viral thanks to six satirical posts announcing, for example, a new hiring initiative “strongly encouraging minorities not to apply” and a “no means no” fair at which residents could remove their names from the sex-offender registry by completing a series of puzzles. County of Ontario, NewYork v.
Boule was whether the involvement of a Customs and Border Patrol agent investigating immigration issues near the border made this a new case outside the recognized cause of action or whether the case entailed ordinary domestic law-enforcement activities that happened to occur near the border, bringing it within the Bivens “heartland.”.
as well as claims under the Lanham Act (false advertisement & product disparagement) and under NewYork State Law (product disparagement, tortious interference, etc). But, instead of suing in NewYork, AudioEye sued in W.D. AudioEye sued accessiBe for patent infringement (US10423709, et al.) 706 (1972).
United States District Judge Laura Taylor Swain issued a ruling in NewYork to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in NewYork. The law is one of the most restrictive in the county. Budget RentA-Car Sys.,
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