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.

Cause of Action 98

Cause of Action Laws Court Litigation 98

Constitutional Law Reporter

SEPTEMBER 10, 2021

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

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Tort Statute Court Cause of Action 59

Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

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Statute Personal Injury Cause of Action Misdemeanor 59

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 complaint challenged Regulation II on the ground that it allows higher interchange fees than the statute permits. 2401(a), the default six-year statute of limitations applicable to suits against the United States.

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Statute Cause of Action Court Constitutional Law 52

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.

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Cause of Action Tort Construction Court 45

HowAppealing

FEBRUARY 17, 2022

Court of Appeals for the Fifth Circuit issued today. In his dissenting opinion , Circuit Judge Jerry E. ” Perhaps the majority agrees. ” Perhaps the majority agrees.

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Cause of Action Statute Court Laws 100

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. By a vote of 6-3, the justices overruled their landmark 1984 decision in Chevron v.

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Court Statute Cause of Action Legal 145

SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

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Court Rules Contract Court Statute 98

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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Statute Punitive Damages Cause of Action Laws 131

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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Court Statute Cause of Action Contract 98

The IP Law Blog

JUNE 10, 2021

New York’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 [New York] for advertising [or trade] purposes without.

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Statute Cause of Action Sports Laws 85

SCOTUSBlog

APRIL 13, 2023

Pirani present a stark contrast between text and policy arguments under the federal securities laws. In response to the catastrophic stock-market declines that set off the Great Depression, Congress enacted, along with a variety of other statutes, the Securities Act of 1933. Friendly wrote a detailed opinion in Barnes v.

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Cause of Action Statute Technology Court 100

Patently O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. The following comes from Edible’s brief: Edible’s claim is simple.

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Cause of Action Court Statute Laws 100

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 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.

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Stare Decisis Statute Court Contract 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 102

Court Statute Cause of Action Government 102

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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Statute Court Contract Tort 100

SCOTUSBlog

JUNE 25, 2021

Although Congress has sometimes passed statutes that give someone a “cause of action” when a federal law has been violated, Kavanaugh wrote, that is not enough, by itself, to give a plaintiff the right to sue in federal court. Friday’s ruling in TransUnion v.

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Court Cause of Action Statute Court Rules 119

JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Court Cause of Action Statute Legal 118

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. ,

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Statute Cause of Action Sports Court 115

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

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Legal Research Legal Legal eDiscovery 80

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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Government Statute Cause of Action Entertainment 103

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.

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Cause of Action Statute Tort Court 64

The IP Law Blog

MARCH 9, 2023

However, the Court held the Plaintiff provides no authority supporting the contention that the use of a method to design a product is the same as the use of a method to manufacture the product, as contemplated by the statute. The Court reasoned the statute clearly contemplates that “made” means “manufactured.”

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Manufacturing Statute Court Cause of Action 98

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.

Court Rules 59

Court Rules Cause of Action Court Statute 59

SCOTUSBlog

JUNE 9, 2023

Kagan rests her analysis on two basic points of trademark law, summarized emphatically at the beginning and reiterated at the end of her opinion. Second, the central purpose of the cause of action for trademark infringement in the federal Lanham Act is confusion, specifically, confusion “about the source of a product or service.”

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Manufacturing Statute Cause of Action Court 112

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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Government Immigration Cause of Action Litigation 140

Patently O

OCTOBER 11, 2021

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. That case is now on appeal.

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Statute Cause of Action Court Laws 80

The IP Law Blog

JANUARY 11, 2024

2255, which allows victims of child pornography to bring a civil cause of action. The defendants moved to dismiss Mr. Elden’s complaint, arguing that it was barred by the applicable 10-year statute of limitations for such claims. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.

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Personal Injury Statute Cause of Action Court 62

Patently O

MARCH 21, 2021

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. 1338(a) provides Federal district courts with “original jurisdiction of any civil action arising under any Act of Congress relating to patents.” by Dennis Crouch. ” Id. ” 28 U.S.C. See, for example, Gunn v.

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Contract Statute Court Cause of Action 100

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 Litigating 59

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).

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Prima Facie Case Cause of Action Legal Legal 98

NewmanFerraraLLP

MARCH 24, 2023

TOWN LAW DIDN’T PERMIT A LATE FILING After a construction company wasn’t paid for highway repair work it performed for the T own of Pendleton , a lawsuit was filed alleging “breach of contract, unjust enrichment and quantum meruit.” ” And unlike other comparable laws, this statute did not permit a late filing.

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Cause of Action Construction Statute Contract 52

SCOTUSBlog

JANUARY 16, 2022

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. That question turned on whether California law or Spanish law governed. Tompkins , requires the application of state law.

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Tort Court Laws Litigation 121

Conflict of Laws

FEBRUARY 18, 2021

The law in Singapore on Mareva injunctions supporting foreign proceedings is on the move again. Senior Judge Andrew Ang acknowledged that “the Mareva injunction remains, at its very core, ancillary to a main substantive cause of action.” ( Allenger , [125]). In doing so, he remained in step with Bi Xiaoqiong.

Cause of Action 52

Cause of Action Statute Court Laws 52

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. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law. The District Court dismissed Reed’s complaint.

Statute 52

Statute Litigation Litigating Cause of Action 52

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. internal citation omitted). Bookmark BirdDog!

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Personal Injury Tort Cause of Action Litigation 59

Day on Torts

APRIL 15, 2022

After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. Plaintiff argued that the statute did not apply to Ms. Reid and CRMC. Code Ann. §

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Statute Attorney Cause of Action Litigation 59