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Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with NewYork concerning governance and law enforcement over the Port of NewYork and New Jersey.
Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [NewYork] for advertising [or trade] purposes without. written consent” can sue for an injunction and damages. The postmortem right attached to a “performer” does not expire.
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.
Climate change nuisance litigation is entering a new and dynamic phase. Keenan of the Southern District of NewYork will hear oral argument on the motions to dismiss filed in City of NewYork v. By Michael Burger. Tomorrow, Thursday, May 24, Judge William H. BP P.L.C. , BP P.L.C. ,
On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a NewYork federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .
Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada Boule told Egbert of a guest who had flown from Turkey to NewYork the previous day and was flying to Washington and driving to the inn.
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.
2019, a bankruptcy court in NewYork put lawsuits against the company and the Sacklers on hold. 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. Facing those civil lawsuits, Purdue Pharma filed for bankruptcy in 2019.
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.
Coscarelli sets the stage in the newly-filed 30-page complaint, asserting that “after winning Food Network’s Cupcake Wars and becoming a best-selling cookbook author, [she] founded ‘by Chloe’ – a first-of-its-kind fast-casual vegan restaurant chain” with NewYork-based ESquared Hospitality after pitching the concept to its CEO James Haber in 2014.
Petitioner Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via NewYork, outside the inn. Moreover, that a new right is parallel to a recognized right is insufficient to extend the Bivens right of action. Respondent Robert Boule is a U.S. Gorsuch’s concurrence.
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. The RealReal Files Anti-Competition Counterclaims Against Chanel.
In a declaratory judgment action filed in October 2020 , WWW and Bernstein asked a NewYork federal court to formally declare that they did not run afoul of the indie intimates brand’s rights by using a lookalike “Silhouettes Design.” Fast forward to May 2021, and following a combination of the two cases before the U.S.
Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. It eventually travelled to NewYork and then to Saint Louis, Missouri, where it remained until 1976. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost.
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Dawei Gongsun, Partner at DGW Kramer LLP (NewYork). [1] Zhou v Jing [2023] NSWSC 214 (Australia), [21] Yin v Wu [2023] VSCA 130 (Australia) [22] ).
Sherri Perper, 56, of Queens, NewYork has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. Johnson & Johnson. Forum Novelties (2010).
Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Dawei Gongsun, Partner at DGW Kramer LLP (NewYork). WANG Chengjie, Lawyer at Allbright Law Offices (Shanghai);Wonbanglaw; Ms.
Sherri Perper, 56, of Queens, NewYork has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. Johnson & Johnson. Forum Novelties (2010).
Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in NewYork Times v.
and Costco have settled their long-running lawsuit over the warehouse chain’s sale of “Tiffany” rings that were not made or authorized by the famed NewYork jewelry company. for willful trademark infringement and counterfeiting – and remanded the case back to the district court for a new trial. Tiffany & Co.
Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. Renee M Wong, Attorney at Goldberger and Dubin PC (NewYork); Dr. WANG Yahan, Associate Professor, Henan University School of Law; Mr. Angus Ni, Litigation attorney at AFN Law PLLC (Seattle); Asian Business Law Institute.
Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in NewYork shows that human rights litigation against corporate defendants in the United States is alive and well.
In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, NewYork, Rhode Island, South Carolina, and Vermont. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. NewYork v. and non-U.S.
Boule was whether the involvement of a Customs and Border Patrol agent investigating immigration issues near the border made this a new case outside the recognized cause of action or whether the case entailed ordinary domestic law-enforcement activities that happened to occur near the border, bringing it within the Bivens “heartland.”.
Court of Appeals for the 11th Circuit held that as a former employee, Stanley lacked a cause of action under the ADA. But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. In Stanley v.
NewYork is slated to join the growing movement against non-compete agreements. [1] 1] On June 20, 2023, the NewYork State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers. [2] 22] [1] NewYork’s Imminent Non-Compete Ban , Sidley Austin (Jun.
Gucci family members hinted at potential litigation in connection with the highly-anticipated release of the House of Gucci this past week. Paramount prevailed in the case, with a NewYork federal court dismissing the $25 million-plus lawsuit on summary judgment. In her December 2018 order, Judge Joanna Seybert of the U.S.
Forum Novelties (2010) Sherri Perper, 56, of Queens, NewYork has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. Johnson & Johnson Perper v.
United States District Judge Laura Taylor Swain issued a ruling in NewYork to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in NewYork. The jurisdictional question was a poison pill finding for the litigation.
The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Now, a new slew of negligence and strict liability claims are expected across the country. _. A recent survey of NewYork doctors found that 60 percent saw an increase in ER visits for cooking wounds and turkey carving accidents.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court found that, as pled, the complaint was “premised solely on state law” and that City of NewYork v. and non-U.S.
Solicitor General Paul Clement, as well as lawyers from the New Jersey public-interest firm Cause of Action. In the Supreme Court, the fisheries are represented by former U.S.
It references NewYorks and Vermonts Climate Superfund Laws, which require fossil fuel companies to pay damages for their share of greenhouse gas emissions over specified time periods. But it is likely a forerunner to litigation, lawmaking, or the withholding of federal funds. But litigation can only do so much.
The civil litigation between Prince Andrew and Virginia Giuffre (née Roberts) just took a “Big Lebowski” turn. We previously discussed an interesting challenge by Prince Andrew to the applicability of the the age-of-consent in NewYork to the case. ” the Dude responds “I! .” While the U.S.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The federal district court for the Western District of NewYork denied a motion to dismiss a lawsuit challenging a U.S.
On Monday opening statements began in the civil bench trial of the State of NewYork vs. Donald Trump, et al over-inflated assets in fraudulent statements. The Trump Organization will most likely be put out of business in NewYork and elsewhere for at least 5 years.
That “reappraisal” began in 1992, when O’Connor authored the court’s opinion in NewYork v. NewYork argued that the law violated the 10th Amendment, which reserves for the states all of the powers that the Constitution does not specifically give to the federal government. In Citizens United v.
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