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

SCOTUSBlog

APRIL 13, 2023

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. The question, then, is whether Pirani has standing – that is, a legal right – to file suit under Sections 11 and 12 of the Securities Act.

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Cause of Action Statute Technology Court 100

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

JUNE 25, 2021

Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. There are, Kavanaugh noted, different kinds of injuries that can qualify as the kind of concrete harm needed for “standing” – that is, the legal right to sue.

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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. A court can grant such a motion when the complaint lacks a cognizable legal theory or sufficient facts to support one.

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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. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

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Statute Court Contract Tort 100

SCOTUSBlog

NOVEMBER 7, 2022

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. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.

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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

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.

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Court Rules Cause of Action Court Statute 59

JayS.Rothman&Associates

MAY 17, 2023

The court found that this fell within Title VII’s bar on discrimination, holding: “The reason is simple: where an employee is subjected to adverse action because an employer disapproves of interracial association, the employee suffers discrimination because of the employee’s own race.” because he has made a charge.”

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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.

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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).

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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

OCTOBER 11, 2021

706 authorizing actions to compel agency to stop any behavior that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Constitution to require that the plaintiff identify some concrete harm caused by the defendant’s action (or inaction). That case is now on appeal.

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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 argued that the statute did not apply to Ms. Next, plaintiff attacked the constitutionality of the statute.

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The Fashion Law

JUNE 1, 2021

The years-long legal battle between H&M and pattern-making company Unicolors is going before the Supreme Court.

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Court Cause of Action Statute Laws 139

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

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Divorce Cause of Action Statute Diligence 59

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

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Legal Research is Easy

OCTOBER 14, 2020

I started in with some basics like statutes and cases and he'd respond with a "hmmmm" or an "uh huh?" Then I started talking about some of my favorite resources like AmJur Proof of Facts , AmJur Trials , and Causes of Action. I noticed that attorney was drifting off and pointedly asked him, "hey, are you even listening?!"

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Paralegal Students Cause of Action Paralegal Paralegals 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. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

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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).

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The IP Law Blog

AUGUST 17, 2023

Hunley initially brought a class action suit against Instagram alleging that Instagram’s embedding tool violated her exclusive display rights under the Copyright Act by allowing outside companies, such as BuzzFeed and Time in this case, to openly use and display their copyrighted photos on their own third-party websites via embedding.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. Congress may enact legal prohibitions and obligations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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Conflict of Laws

NOVEMBER 22, 2023

Congress clearly intended its cause of action for trafficking in confiscated property to discourage non-U.S. China’s messaging to the international community is,” they note, “somewhat confusing: it opposes the US practice of ‘long-arm jurisdiction,’ yet it has decided to build its own legal system of extraterritoriality.”

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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. Dickerson put the kibosh on an unconstitutional federal statute that, effectively, sought to overrule Miranda. 4) Proximate cause says what? 3) Goodbye, Miranda ?

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Court Government Lawyer Lawyers 101

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. Additionally, there are a number of federal statutes that apply to specific business activities that implicate data privacy issues.

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Patently O

MARCH 16, 2024

Section 1983, which was originally enacted as part of the Civil Rights Act of 1871, provides a cause of action against any person who, acting under color of state law, deprives someone of their federal constitutional or statutory rights. ” 42 U.S.C.

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.” The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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Court Cause of Action Government Court Rules 52

ClimateChange-ClimateLaw

MAY 23, 2018

A separate appeal, challenging Judge Chhabria’s decision that the federal officer statute does not require removal, is pending, with briefing scheduled to take place over the summer. Late yesterday, May 22, the Ninth Circuit panel denied the petition for interlocutory appeal.

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Litigating Litigation Tort Cause of Action 52

Conflict of Laws

APRIL 1, 2025

The conferences topic, characterisation, is the process for identifying the nature or category of a particular cause of action (for instance contractual, tortious, proprietary, corporate, matrimonial), so that the correct connecting factor can be employed which then points to the applicable law or to the competent court.

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LexForti

APRIL 30, 2021

Also, the argument that the NCLAT is an appellate tribunal which is common to three statutes, under one of which, viz., Merely because appeals under different statutes are sent to one appellate tribunal would make no difference to the position in law. The finding in V Hotels Ltd., Tulip Star Hotels Ltd. & Anr. [13] 1349 of 2019. [10]

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. National Environmental Development Association’s Clean Air Project v. Williams , No.

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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.

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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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SCOTUSBlog

APRIL 2, 2025

Share The Supreme Court on Wednesday was divided over whether Planned Parenthood has a legal right under federal civil rights laws to challenge the order by South Carolinas governor barring abortion clinics, including Planned Parenthood, from participating in Medicaid. Congress, she emphasized, enacted the Medicaid Act a long time ago.

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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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