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

The IP Law Blog

JUNE 10, 2021

New York’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 [New York] for advertising [or trade] purposes without.

Statute 85

Statute Cause of Action Sports Laws 85

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

Patently O

DECEMBER 6, 2021

as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). But, instead of suing in New York, AudioEye sued in W.D. AudioEye sued accessiBe for patent infringement (US10423709, et al.) Kockum Industries, Inc.,

Statute 78

Statute Cause of Action Court Laws 78

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 35

Tort Cause of Action Laws Court 35

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 112

Court Laws Government Real Estate 112

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 48

Tort Litigating Litigation Construction 48

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 46

Tort Litigating Litigation Construction 46

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

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 105

Government Education Court Cause of Action 105

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

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 100

Court Cause of Action Statute Government 100

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 38

Tort Statute Criminal Law Court 38

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 58

Tort Litigating Litigation Construction 58

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 86

Cause of Action Court Government Manufacturing 86

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 Litigation Statute Litigating 49