SCOTUSBlog

JANUARY 16, 2022

It eventually travelled to New York 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.

Tort 121

Tort Court Laws Litigation 121

The Fashion Law

JULY 30, 2021

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,

Manufacturing 104

Manufacturing Cause of Action Court Laws 104

JonathanTurley

SEPTEMBER 9, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York 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.

Tort 43

Tort Court Compensatory Damages Entertainment 43

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. New York v. New York v.

Court 59

Court Government Litigation Litigating 59

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. Sherri Perper, 56, of Queens, New York 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).

Tort 51

Tort Litigation Litigating Construction 51

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. It was a cascading deconstruction of the lawsuit. Jones , 370 F. 3d 630, 664 (W.D.

Tort 36

Tort Cause of Action Laws Court 36

SCOTUSBlog

JUNE 20, 2024

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.

Court 118

Court Laws Government Real Estate 118

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. Sherri Perper, 56, of Queens, New York 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).

Tort 49

Tort Litigation Litigating Construction 49

SCOTUSBlog

JANUARY 16, 2024

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.

Stare Decisis 145

Stare Decisis Court Statute Government 145

SCOTUSBlog

DECEMBER 5, 2024

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 New York jury awarded the plaintiffs a total of $655.5 But the U.S.

Court 106

Court Cause of Action Statute Government 106

JonathanTurley

NOVEMBER 27, 2020

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 New York doctors found that 60 percent saw an increase in ER visits for cooking wounds and turkey carving accidents.

Tort 39

Tort Statute Criminal Law Court 39

SCOTUSBlog

JUNE 16, 2022

Hochul , involving New York 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.

Government 106

Government Education Court Cause of Action 106

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The court found that, as pled, the complaint was “premised solely on state law” and that City of New York 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 New York v. Chevron Corp. —in

Litigation 40

Litigation Litigating Court Laws 40

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Forum Novelties (2010) Sherri Perper, 56, of Queens, New York 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.

Tort 59

Tort Litigation Litigating Construction 59

SCOTUSBlog

NOVEMBER 3, 2021

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 New York v. New York also argues that the decision deepens a circuit split.

Cause of Action 93

Cause of Action Government Court Manufacturing 93

ClimateChange-ClimateLaw

JULY 2, 2021

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 New York denied a motion to dismiss a lawsuit challenging a U.S.

Court 49

Court Statute Litigation Litigating 49