JURIST

DECEMBER 6, 2021

The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. .” The core of this Complaint is similar in that it accuses Facebook of putting “market penetration” and profits before the lives of the Rohingya people.

Compensatory Damages 211

Compensatory Damages Punitive Damages Personal Injury Cause of Action 211

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

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 126

Court Cause of Action Litigation Litigating 126

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 Litigation 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

Conflict of Laws

FEBRUARY 5, 2021

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.

Cause of Action 98

Cause of Action Laws Court Litigation 98

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 86

Lawyer Lawyers Cause of Action Litigation 86

ClimateChange-ClimateLaw

MAY 9, 2024

Still, there is much more to discuss regarding its broader implications for climate litigation. This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. Gender remains an overlooked issue in climate litigation.

Litigation 116

Litigation Litigating Court Legal 116

JonathanTurley

OCTOBER 31, 2021

The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 53

Tort Litigating Litigation Construction 53

JonathanTurley

OCTOBER 30, 2022

The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 51

Tort Litigating Litigation Construction 51

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 Litigation 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.

Litigating 110

Litigating Litigation 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

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. Decedent himself ultimately accepted a settlement in lieu of further litigation.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

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

DECEMBER 2, 2022

and global climate litigation movement. Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. climate litigation brought by cities and other subnational jurisdictions is still rare.

Litigation 75

Litigation Litigating Cause of Action Punitive Damages 75

ClimateChange-ClimateLaw

MARCH 21, 2022

The decision has significant implications for future climate litigation claims in Australia. Prior to this decision, the Sabin Center’s Network of Peer Review Scholars on Climate Litigation held a webinar on the Sharma case. Sharma and Others and its impact for climate litigation in Australia. Background on the claim.

Litigating 40

Litigating Litigation Court Personal Injury 40

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 Paralegals Paralegal 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

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 131

Government Immigration Cause of Action Litigation 131

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

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.

Court 94

Court Statute Cause of Action Contract 94

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

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 93

Government Statute Cause of Action Entertainment 93

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. 1983 procedural due process claim begins to run at the end of the state-court litigation.

Statute 52

Statute Litigation Litigating Cause of Action 52

SCOTUSBlog

DECEMBER 2, 2023

Bankruptcy Judge Robert Drain called the settlement a “bitter result” but noted the costs and risks of continuing to litigate rather than settle the disputes. But at the very least, they “will have to spend time and money litigating that disputed question.” In any event, the U.S.

Court 128

Court Tort Litigation Litigating 128

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 110

Cause of Action Court Litigation Litigating 110

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

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

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