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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.
NewYork’s post mortem right-of-publicity statute recently came into effect. 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.
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. .
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. A direct listing, approved by the NewYork Stock Exchange in the last decade, works differently.
Keenan of the Southern District of NewYork will hear oral argument on the motions to dismiss filed in City of NewYork v. a case in which NewYork City alleges these same companies’ same activities constitute a public nuisance and trespass under NewYork State law. BP P.L.C. ,
as well as claims under the Lanham Act (false advertisement & product disparagement) and under NewYork State Law (product disparagement, tortious interference, etc). But, instead of suing in NewYork, AudioEye sued in W.D. AudioEye sued accessiBe for patent infringement (US10423709, et al.) Kockum Industries, Inc.,
It eventually travelled to NewYork and then to Saint Louis, Missouri, where it remained until 1976. In support of this argument, the museum points to both the text of the statute and the circumstances of its enactment: Congress removed foreign states from ordinary diversity jurisdiction under 28 U.S.C.
Significantly, WGACA claims that Chanel has “proffered no evidence that any of WGACA’s ads has or is likely to cause consumer confusion.”. In case that is not enough, WGACA argues that Chanel essentially waited too long to bring its infringement claim (i.e,
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. American courts have long recognized that broad defamation rule are inimical to free speech. 47 U.S.C. § America Online, Inc., 3d 327, 330-31 (4th Cir.
The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. EPA’s rescission of the methane standards for new sources has been challenged in the D.C. NewYork v. NewYork v.
See Pennsylvania General Assembly Statute §7102. Sherri Perper, 56, of Queens, NewYork has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Johnson & Johnson. Forum Novelties (2010).
See Pennsylvania General Assembly Statute §7102. Sherri Perper, 56, of Queens, NewYork has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Johnson & Johnson. Forum Novelties (2010).
Court of Appeals for the 11th Circuit held that as a former employee, Stanley lacked a cause of action under the ADA. She claims that the retirement benefits for disabled retirees explicitly treats them worse than others. In Stanley v. rescheduled before the Mar. Kentucky ex rel.
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.
Hochul , involving NewYork State’s mandate that health care workers must have received a COVID-19 vaccination to remain on the job. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. First up is Dr. A v.
When the cause of action arises under state law, courts must determine whether the defendant has sufficient contacts within the the courts geographic area of authority that it is fair for the court to exercise its power over them. In one of the cases, a NewYork jury awarded the plaintiffs a total of $655.5 But the U.S.
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. It was a cascading deconstruction of the lawsuit. Jones , 370 F. 3d 630, 664 (W.D.
See Pennsylvania General Assembly Statute §7102. Forum Novelties (2010) Sherri Perper, 56, of Queens, NewYork has filed a personal injury lawsuit due to defective shoes allegedly acquired from Forum Novelties. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Johnson & Johnson Perper v.
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.
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. In the Supreme Court, the fisheries are represented by former U.S.
The court found that, as pled, the complaint was “premised solely on state law” and that City of NewYork v. In addition, the court rejected the federal-officer removal statute, federal enclave jurisdiction, and the Class Action Fairness Act as grounds for removal. City of NewYork v. Chevron Corp. —in
The district court dismissed the claims against Egbert, noting that causes of action under Bivens v. But a panel of the 9th Circuit reversed, holding that Bivens actions are available for such claims against Border Patrol officers. City of NewYork v. NewYork also argues that the decision deepens a circuit split.
The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” The federal district court for the Western District of NewYork denied a motion to dismiss a lawsuit challenging a U.S.
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