Constitutional Law Reporter

JUNE 17, 2022

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.

Cause of Action 52

Cause of Action Court Tort Immigration 52

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.

Litigation 63

Litigation Litigating Cause of Action Court 63

Conflict of Laws

OCTOBER 14, 2024

Characterisation identifies in cross-border litigation 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.

Laws 102

Laws Cause of Action Litigation Litigating 102

SCOTUSBlog

NOVEMBER 22, 2021

During oral argument , some of the justices expressed discomfort with the potential breadth of the equitable apportionment doctrine if they applied it to groundwater, envisioning a proverbial flood of interstate original-jurisdiction litigation about aquifers.

Court 123

Court Cause of Action Litigation Litigating 123

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

At the Lectern

JULY 6, 2023

” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. Winning on the special relationship and workers’ compensation issues isn’t enough to get the plaintiffs to trial, however.

Cause of Action 45

Cause of Action Tort Construction Court 45

LawSites

NOVEMBER 8, 2023

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 Earlier this year, vLex acquired Fastcase and its collection of U.S. legal research materials.

Legal Research 80

Legal Research Legal Legal eDiscovery 80

LegalReader

DECEMBER 17, 2020

But because personal injury law encompasses so many situations and causes of action, there is no set number. If you are considering one of these claims, you are probably wondering how much compensation you could recover.

Personal Injury 111

Personal Injury Cause of Action Personal Injury Attorney Personal Injury Lawyer 111

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

SEPTEMBER 29, 2023

First Quality says that the accrual of a claim, the event that triggers the running of a statute of limitations, occurs when “a plaintiff knows of a cause of action,” but that is not ordinarily true. As we wrote in Petrella , “[a] claim ordinarily accrues when [a] plaintiff has a complete and present cause of action.”

Statute 124

Statute Cause of Action Court Litigating 124

LawSites

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. In addition to the names of the parties and the jurisdiction, Ai.law asks you to provide: Causes of action. (If Any issues likely to be contentious.

Drafting 136

Drafting Legal Legal Litigation 136

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

ClimateChange-ClimateLaw

DECEMBER 21, 2021

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. However, providing greater specificity to climate claims could be a ‘ watershed ’ to some climate litigation cases.

Legal 81

Legal Legal Court Litigating 81

Patently O

MAY 17, 2021

1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. Townes, Repeated and Specific Litigation Threats – Sufficient Minimum Contacts, Knobbe Martens Blog (2021). [3] 2001) (same); Akro Corp.

Litigation 110

Litigation Litigating Cause of Action Court 110

Patently O

JULY 5, 2023

Although it was discussed before the jury and in the litigation, no decision was made as to the infringement by ABS licensees resulting from the tech transfer. Although the case included an ongoing royalty, those cause real monitoring and enforcement problems.

Cause of Action 60

Cause of Action Litigation Litigating Technology 60

FDA Law Blog

JUNE 13, 2024

As we explained back in March , Teva had initiated Hatch-Waxman pre-launch patent litigation against Amneal for infringement of 5 Orange Book-listed patents reading on the device constituent (a metered dose inhaler) of Teva’s combination product ProAir HFA. And on X (R.I.P. Twitter), the FTC is taking credit for that.

Cause of Action 116

Cause of Action Litigation Litigating Court 116

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

The court described the case as “an unprecedented case for any court, let alone a state court trial judge,” but concluded that it was “still a tort case” and “based exclusively on state law causes of action,” primarily failures to disclose, failures to warn, and deceptive marketing. Chevron Corp.

Court 85

Court Tort Cause of Action Litigation 85

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.

Paralegal Services 98

Paralegal Services Paralegal Paralegals Cause of Action 98

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

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 Litigation Litigating Cause of Action 98

SCOTUSBlog

APRIL 2, 2022

In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. However, the U.S.

Government 101

Government Statute Cause of Action Entertainment 101

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 128

Government Immigration Cause of Action Litigating 128

The Fashion Law

JULY 19, 2021

In terms the trademark/trade dress infringement causes of action that Versace set out in its complaint, Fashion Nova’s counsel claimed that these should similarly be barred for a number of different reasons. The case is Gianni Versace S.r.l. Fashion Nova, Inc., 2:2019-cv-10074 (C.D.Cal.).

Depose 144

Depose Depositions Manufacturing Cause of Action 144

LawSites

FEBRUARY 22, 2023

Score one for ‘David’ in this David vs. Goliath battle” — a reference to a guest post about the litigation published on this blog by Mark Stodder , president of Xcential.

Drafting 98

Drafting Legal Legal Contract 98

SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States. Why, you might ask, should this matter?

Statute 93

Statute Cause of Action Government Court 93

Conflict of Laws

MAY 31, 2021

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State.

Contract 98

Contract Cause of Action Court Laws 98

SCOTUSBlog

OCTOBER 6, 2021

Most notably, Sotomayor raised the suggestion from the law professors’ amicus brief that Mississippi might have a cause of action in interstate nuisance, while Kagan grilled the United States about the possibility of an interstate trespass.

Cause of Action 109

Cause of Action Court Litigating Litigation 109

SCOTUSBlog

JUNE 28, 2024

This is a win for individual liberty and the Constitution,” But Kym Meyer, the litigation director for the Southern Environmental Law Center, decried the ruling in a statement. “[T]he Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government.

Court 145

Court Statute Cause of Action Legal 145

SCOTUSBlog

AUGUST 19, 2022

Issue : Whether, if the United States causes a company to transfer private shareholders’ rights incident to their ownership of shares in the company to the United States for the public benefit, the private shareholders have a direct, personal interest in a cause of action challenging that taking. Coinbase, Inc.

Court 110

Court Government Cause of Action Finance 110

The Paralegal Resource

JUNE 9, 2011

In the litigation world, the merits of the case are determined by theadmissible evidence obtained by the parties during discovery and at trial. One category of such evidence is the testimony of the witnesses called by the respective parties.

Cause of Action 40

Cause of Action Litigation Litigating 40

SCOTUSBlog

APRIL 25, 2022

Calling the 9th Circuit’s decision an extension of Miranda into Section 1983 litigation, Martinez characterized the court’s landmark decision as a judicially crafted prophylactic Fifth Amendment “protective fence” that does not create a Section 1983 cause of action for money damages.

Cause of Action 120

Cause of Action Court Litigating Litigation 120

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

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. See Wilton v.

Contract 100

Contract Statute Court Cause of Action 100

SCOTUSBlog

DECEMBER 7, 2021

The issue before the Supreme Court is whether the complaint makes out a cause of action under Employee Retirement Income Security Act, which obligates the fiduciaries of such plans to comply with a duty of prudence drawn directly from the common law of fiduciary duty. You have to prove it, but [the allegations are] plausible.”.

Litigation 99

Litigation Litigating Cause of Action Court 99

SCOTUSBlog

JUNE 8, 2022

Moreover, that a new right is parallel to a recognized right is insufficient to extend the Bivens right of action. Gorsuch therefore would take the “next step and acknowledge explicitly what the Court leaves barely implicit” — that the exclusive power to create new causes of action belongs to Congress. Gorsuch’s concurrence.

Court 105

Court Cause of Action Government Litigation 105

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? 12112(b)(4).

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

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 anadromous fish at issue travel through several States during their lifetime.

Cause of Action 117

Cause of Action Court Legal Legal 117