ClimateChange-ClimateLaw

DECEMBER 21, 2021

Brazil: When a court accepts the legally disruptive nature of climate change. 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. The decision may have gone unnoticed.

Legal 81

Legal Legal Court Litigation 81

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.

Drafting 98

Drafting Legal Legal Contract 98

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.,

Litigation 105

Litigation Litigating Cause of Action Legal 105

Patently O

JUNE 5, 2022

Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . Again, over Mycroft’s objection, the court allowed testimony about the disputes between neighbors in Hawaii when the relevance, if any, of this testimony to the current litigation is marginal and tangential.

Litigating 63

Litigating Litigation Cause of Action Court 63

ClimateChange-ClimateLaw

JUNE 11, 2024

There has been significant litigation against offshore wind projects. All of these federal lawsuits include claims that the agencies approving the projects violated the National Environmental Policy Act, among other federal causes of action.

Cause of Action 111

Cause of Action Government Legal Legal 111

Patently O

FEBRUARY 17, 2023

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. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

Case Management 105

Case Management Litigation Litigating Cause of Action 105

InHouseBlog

SEPTEMBER 27, 2021

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. But in the practice itself, the KISS mantra (i.e., “Keep It Simple Stupid”, for the uninitiated) is often good guidance both for litigators and transactional types alike.

Lawyer 88

Lawyer Lawyers Cause of Action Litigation 88

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. The key legal issue in Mississippi v.

Cause of Action 133

Cause of Action Court Legal Legal 133

SCOTUSBlog

JUNE 28, 2024

Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.” The APA, Roberts noted, directs courts to “decide legal questions by applying their own judgment” and therefore “makes clear that agency interpretations of statutes — like agency interpretations of the Constitution — are not entitled to deference.

Court 145

Court Statute Cause of Action Legal 145

SAV Paralegal Services

AUGUST 3, 2022

As it is usually seen there are many misconceptions when it comes to the Small Claims Court litigation. Rule 12 of the Rules of the Small Claims Courts provides for an option for the Court to strike out a Plaintiff’s claim or a Defence if it discloses no reasonable cause of action. We would be happy to help you settle your case.

Paralegal Services 98

Paralegal Services Paralegals Paralegal Cause of Action 98

SCOTUSBlog

JUNE 28, 2024

After all, like most administrative claims, it rests on a federal statute, not the common law, and it requires the agency to establish facts that do not match any cause of action known to the common law in 1791 (when the states ratified the Seventh Amendment).

Government 142

Government Immigration Cause of Action Litigation 142

SCOTUSBlog

APRIL 25, 2022

Tekoh may create a seismic shift in American constitutional criminal procedure, as the court’s resolution of the lawsuit here could take an axe to the legal and cultural oak known as Miranda warnings. The 9th Circuit’s conclusion to the contrary, then, is legally erroneous. In fact, Wednesday’s oral argument revealed that Vega v.

Cause of Action 135

Cause of Action Court Litigation Litigating 135

LawSites

MARCH 26, 2024

In a lawsuit filed this week in federal court in Manhattan, the former chief operating office of a legal technology company claims she was fired after attempting to exercise stock options valued at over $1 million. I emailed Dwayne Hermes asking if he wished to respond but I have not heard back from him. .”

Legal 59

Legal Legal Law Firm Law Firms 59

JayS.Rothman&Associates

MAY 17, 2023

This means that employees cannot suffer adverse actions simply because someone they associate with engaged in legally-protected activity, such as blowing the whistle. Employees who do suffer such actions may have a legal cause of action. What laws protect employees against associational discrimination?

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

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.

Contract 98

Contract Litigating Litigation Cause of Action 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.

Statute 131

Statute Punitive Damages Cause of Action Laws 131

FDA Law Blog

JULY 8, 2024

The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. 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.

Court Rules 59

Court Rules Cause of Action Court Statute 59

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. ” 28 U.S.C.

Contract 100

Contract Statute Court Cause of Action 100

SAV Paralegal Services

OCTOBER 30, 2021

litigation, as this court is not that small how it looks. Court also has a limit on the amount of legal costs that might be awarded. considerations together left no space for hiring lawyers and most people prefer to start litigation on their own. . Paralegals are designed to support litigants through the small claims process.

Paralegals 52

Paralegals Paralegal Contract Litigation 52

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. Justice Ketanji Brown Jackson wrote for a seven-justice majority.

Statute 101

Statute Court Contract Tort 101

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

The Fashion Law

APRIL 26, 2021

The fashion brand sets out trademark infringement, counterfeiting, and federal and state unfair competition causes of action against Kokhtenko, while Facebook claims that she is on the hook for breach of contract by virtue of her alleged failure to adhere to both Facebook and Instagram’s terms of use. “By

Manufacturing 105

Manufacturing Cause of Action Contract Litigation 105

The Fashion Law

DECEMBER 20, 2021

This year, the filing of a number of fashion and broader retail industry lawsuits and developments in previously-filed ones stood out in the crowded landscape of litigation in many cases because they indicate larger trends within the fashion space. Nike Sued MSCHF Over Modified “Satan Shoes”.

Laws 97

Laws Cause of Action Litigation Litigating 97

Conflict of Laws

OCTOBER 29, 2021

9)(a) to damage which is necessary to complete a cause of action in tort or, indeed, for according any special significance to a place simply because it was where the cause of action was completed”: at [49]. As a result, the more remote economic repercussions of the causative event will not found jurisdiction”: at [75].

Tort 52

Tort Cause of Action Court Litigation 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. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Patently O

OCTOBER 11, 2021

” Hurdle of Concrete Harm : Although the APA permits an action to compel agency action, the statute typically requires that the plaintiff be “a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action.” ” 5 U.S.C.

Statute 80

Statute Cause of Action Court Laws 80

Day on Torts

JANUARY 11, 2021

Plaintiff averred that the deputy’s decision to leave the downed tree unguarded was reckless, but the Court noted that it was not required to accept this allegation from the complaint as true since it was a legal conclusion. internal citation omitted). The doctrine appears to be expanding beyond its original boundaries.

Cause of Action 59

Cause of Action Tort Court Statute 59

SCOTUSBlog

APRIL 19, 2022

And Section 1983 provides a cause of action against state officials who deprive any rights, privileges, or immunities secured by the Constitution and laws. That they did not, per Vega and his amici, renders his conduct a remote, not proximate, legal cause of any Section 1983 injury Tekoh suffered. 5) What about the costs?

Court 104

Court Government Lawyer Lawyers 104

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

Litigation 52

Litigation Litigating Tort Cause of Action 52

Day on Torts

APRIL 15, 2022

Reid had her “execute legal documents while under the influence of medication and falsely led [plaintiff] to believe that she could change her mind,” and that CRMC was vicariously liable for Ms. Reid’s actions. Plaintiff alleged that Ms.

Statute 59

Statute Attorney Cause of Action Litigating 59

Strictly Business

OCTOBER 30, 2017

The purpose of this post is to outline the legal framework that creates your obligations to safeguard customer data and the consequences of failing to comply with these laws. Rather, US law has relied mostly on private litigation and government enforcement actions under laws that predated the modern digital era.

Laws 52

Laws Government Litigating Litigation 52

Conflict of Laws

DECEMBER 19, 2022

By comparing these two options the author deals with the legal nature of the European account preservation order and with the subtleties of enforcement under the EAPOR. Roth: The „relevance (to the initial legal dispute)“ of the reference for a preliminary ruling pursuant to Article 267 TFEU.

Court 52

Court Cause of Action Laws Procedural Law 52

Conflict of Laws

DECEMBER 16, 2020

This basis requires that a significant connection exist between the cause of action and the foreign court. Such a connection could include the fact that the cause of action arose in the jurisdiction of the foreign court, or that jurisdiction was the place in which the contractual obligation was to be performed.

Laws 52

Laws Court Cause of Action Litigating 52

LawSites

NOVEMBER 29, 2022

A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. This litigation should be a warning to all innovative legal technology providers.”. Series of Meetings.

Drafting 52

Drafting Law Firm Law Firms Laws 52

Conflict of Laws

JUNE 4, 2023

However, in legal systems where this fundamental distinction is not well established, the amalgamation of the two notions may give rise to unnecessary complications that are likely to jeopardize the legitimate rights of the parties. The DCA dismissed the appeal holding that the Xs’ action lacked legal basis. 16, 2014, p.

Court 52

Court Legal Legal Cause of Action 52

Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

Laws 52

Laws Stare Decisis Legal Legal 52

The Fashion Law

JULY 19, 2021

filed suit against Costco in a New York federal court , accusing the Issaquah, Washington-headquartered retail chain of trademark infringement, counterfeiting, and unfair business practices, among other causes of action, and seeking tens of millions of dollars in damages. ” The case is Tiffany & Co.

Manufacturing 61

Manufacturing Court Cause of Action Education 61