SCOTUSBlog

APRIL 19, 2022

with a resounding “yes” and required that an individual held for interrogation must be informed – nay, warned — that they have the right to remain silent, consult with a lawyer, and have the lawyer with them during governmental interrogation. 4) Proximate cause says what? 3) Goodbye, Miranda ? 5) What about the costs?

Court 103

Court Government Lawyer Lawyers 103

Patently O

MARCH 25, 2021

Many lawyers will be interested, even if not directly related to intellectual property. 2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. Note – this is a civil procedure case that I’ve been following. Dennis Crouch. Ford Motor Co.

Court 63

Court Cause of Action Manufacturing Litigating 63

Day on Torts

DECEMBER 8, 2022

Under Tennessee Rule of Civil Procedure 41.01, “the right of the plaintiff to dismiss the action without prejudice is free and unrestricted except in limited and well-defined circumstances.” internal citation omitted). Rule 41.01 internal citation omitted). The TPPA itself explains that the statutory scheme provides a substantive remedy.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

MAY 11, 2022

Notably, subsection (a)(2) specifically states that the certificate of good faith “must certify that ‘there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115.” Click on the link to see the book’s Table of Contents.

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

MARCH 22, 2022

Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.” internal citation omitted). internal citation omitted). Click on the link to see the book’s Table of Contents.

Contract 52

Contract Tort Real Estate Cause of Action 52

Strictly Business

OCTOBER 30, 2017

Additionally, there are a number of federal statutes that apply to specific business activities that implicate data privacy issues. Cybersecurity incidents are often the precursor to investigations and possible enforcement actions by state attorneys general or the FTC. © 2017 Alexander J.

Laws 52

Laws Government Litigating Litigation 52

Conflict of Laws

JANUARY 15, 2023

For example, service may be permitted for a proceeding based on a cause of action arising in Australia (item 1), or where the defendant has submitted to the jurisdiction (item 19). That rule set out pigeonholes or connecting factors that are familiar grounds of direct jurisdiction.

Court 40

Court Prima Facie Case Statute Cause of Action 40

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. § For Civil Rights Under Law, Inc. Craigslist, Inc. , 3d 666, 670 (7th Cir.

Tort 39

Tort Court Compensatory Damages Entertainment 39

Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

Statute 59

Statute Tort Cause of Action Diligence 59

SCOTUSBlog

APRIL 2, 2025

John Bursch, a lawyer for the conservative advocacy group Alliance Defending Freedom, represented the state. Representing the federal government, Kyle Hawkins told the justices that their cases emphasized that rights-creating statutes are atypical. Congress, she emphasized, enacted the Medicaid Act a long time ago.

Court 65

Court Statute Cause of Action Laws 65

SCOTUSBlog

MARCH 30, 2022

Kavanaugh said it would be “bizarre” to allow suits against states under the Family and Medical Leave Act and Title VII of the Civil Rights Act, among others, but not under statutes enacted pursuant to Congress’ war powers, “where the national interest is at its apex as compared to those other areas.” It’s not right.

Statute 100

Statute Cause of Action Court Government 100

Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Thus, jurisdiction can be invoked either by residence [6] or simply by presence within jurisdiction. [7] ” [11]. .

Court 76

Court Contract Statute Laws 76

At the Lectern

FEBRUARY 11, 2021

Other notable actions included: The court granted the petition for review in Hoffmann v. Young , a case involving the recreational use immunity statute, Civil Code section 846. Disclosure: it’s a Horvitz & Levy petition, which is here.] The court granted review in People v.

Court 49

Court Laws Statute Cause of Action 49

Day on Torts

DECEMBER 20, 2021

As we perceive it, any potential cause of action for Decedent’s wrongful death was extinguished when he resolved his personal injury case during his lifetime by way of settlement. BirdDog Law also provides Tennessee lawyers with free access to user-friendly versions of the Tennessee rules of evidence and procedure.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

JonathanTurley

OCTOBER 31, 2021

Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Here is my annual list of Halloween torts and crimes.

Tort 46

Tort Litigating Litigation Construction 46

JonathanTurley

OCTOBER 30, 2022

Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Here is my annual list of Halloween torts and crimes.

Tort 44

Tort Litigating Litigation Construction 44

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. In the Supreme Court, the fisheries are represented by former U.S.

Stare Decisis 145

Stare Decisis Court Statute Government 145

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Pivotal Software v.

Compensatory Damages 97

Compensatory Damages Government Cause of Action Court 97

SCOTUSBlog

OCTOBER 16, 2024

Of relevance here, RICO, a federal law initially passed to target organized crime, creates a private cause of action, which allows a person “injured in his business or property” by racketeering activity to recover triple damages. Horn bought Medical Marijuana’s hemp-based Dixie X after reading that it contained CBD but no THC.

Personal Injury 110

Personal Injury Court Personal Injury Lawyer Tort 110

Patently O

JUNE 8, 2023

” Trademark law includes a special cause of action for big players with “famous marks” under the doctrines of dilution and tarnishment. The trademark statute includes a fair-use exception, but it only applies in situations where the accused dilution/tarnishment is a use “other than as a designation of source.”

Laws 69

Laws Statute Cause of Action Court 69

SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. The provision establishes procedures to be followed in determining what services a child requires, and creates a right to bring a civil action in court to enforce its provisions.

Government 105

Government Education Court Cause of Action 105

SCOTUSBlog

DECEMBER 5, 2024

When the cause of action arises under state law, courts must determine whether the defendant has sufficient contacts within the the courts geographic area of authority that it is fair for the court to exercise its power over them. Danny Richard Rivers was convicted of sexual abusing his children and possession of child pornography.

Court 100

Court Cause of Action Statute Government 100

JonathanTurley

OCTOBER 30, 2023

Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Here is my annual list of Halloween torts and crimes.

Tort 56

Tort Litigating Litigation Construction 56

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. Thanksgiving means one thing for personal injury lawyers: food poisoning.

Tort 36

Tort Statute Criminal Law Court 36

SCOTUSBlog

NOVEMBER 3, 2021

The district court dismissed the claims against Egbert, noting that causes of action under Bivens v. But a panel of the 9th Circuit reversed, holding that Bivens actions are available for such claims against Border Patrol officers. At trial, Holcombe’s lawyer cross-examined the co-defendants he also represented.

Cause of Action 86

Cause of Action Court Government Manufacturing 86