Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. ” This argument misunderstands the way in which statutes of limitations generally work.

Statute 124

Statute Cause of Action Court Litigation 124

JURIST

JANUARY 4, 2023

US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. Chen also ruled that the Communications Decency Act (CDA) gave Twitter immunity from Al-Ahmed’s federal claims.

Cause of Action 104

Cause of Action Statute Court Laws 104

SCOTUSBlog

MARCH 31, 2025

The first is Section 544, which creates a federal cause of action allowing the bankrupt to recover funds it paid out before bankruptcy whenever the transfer is voidable under applicable law. Thus, she concludes, the transfer to the IRS is not voidable under applicable law for purposes of Section 544.

Statute 58

Statute Cause of Action Government Law School 58

Constitutional Law Reporter

SEPTEMBER 10, 2021

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

Tort 59

Tort Statute Court Cause of Action 59

SCOTUSBlog

NOVEMBER 27, 2023

The government’s view in this case is that the Constitution affords Congress a broad authority to create new obligations by statute, and that because those statutory obligations were unknown to the common law, they are public rights that Congress can assign to an administrative tribunal without a jury.

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Cause of Action Court Administrative Law Statute 145

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

Statute 59

Statute Construction Misdemeanor Cause of Action 59

Constitutional Law Reporter

SEPTEMBER 23, 2024

2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The complaint challenged Regulation II on the ground that it allows higher interchange fees than the statute permits. 2401(a), the default six-year statute of limitations applicable to suits against the United States.

Statute 52

Statute Cause of Action Constitutional Law Court 52

At the Lectern

JULY 6, 2023

The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[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.

Cause of Action 45

Cause of Action Tort Construction Court 45

Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 59

Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.

Statute 64

Statute Cause of Action Diligence Court 64

Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. 28-3-104(a(2), which addresses situations where the civil defendant faced criminal charges as a result of a incident giving rise to the cause of action.

Personal Injury 52

Personal Injury Statute Cause of Action Court 52

HowAppealing

FEBRUARY 17, 2022

” Perhaps the majority agrees.

Cause of Action 100

Cause of Action Statute Court Laws 100

SCOTUSBlog

NOVEMBER 3, 2023

From the government’s perspective, it is not nearly enough for the plain meaning of the statute to abrogate the government’s sovereign immunity. Rather, on the government’s view, a federal statute abrogates the government’s immunity only if the “overwhelming implications” of the statute demonstrate such a waiver.

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Statute Government Cause of Action Drafting 110

SCOTUSBlog

APRIL 28, 2022

The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. Check back soon for in-depth analysis of the opinion.

Court Rules 98

Court Rules Contract Court Statute 98

SCOTUSBlog

APRIL 13, 2023

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. The lower court said yes, holding that the statute applies whether the specific shares in question were registered or not.

Cause of Action 99

Cause of Action Statute Technology Court 99

SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

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Statute Cause of Action Government Court 85

SCOTUSBlog

JUNE 28, 2024

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. T]he Supreme Court today says individual judges around the country should decide the best reading of a statute.

Court 145

Court Statute Cause of Action Legal 145

JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Court Cause of Action Statute Legal 118

Patently O

APRIL 17, 2024

” crocs opening brief crocs amicus INTA crocs response crocs reply The Lanham Act allows for a civil action for false advertising. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § 1125(a)(1)(B) (Section 43 of the Lanham Act). .” See Zenith Elecs. Exzec, Inc. ,

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Statute Cause of Action Sports Court 115

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

JURIST

DECEMBER 22, 2022

Those recommendations include: Urging the Senate to pass the Presidential Election Reform Act to reform congress’s dated election procedures; Urging criminal and civil accountability for any of the misconduct described in the report; Urging federal agencies to identify and address the threat of domestic violence extremism in the US; Urging congress (..)

Cause of Action 104

Cause of Action Depositions Statute 104

Patently O

OCTOBER 18, 2021

As a matter of fact, this is an illegal [theft-by-]taking, and Edible can introduce evidence within the framework of the Complaint to prove each cause of action. Rather the cause of actions center on state statutes involving theft of personal property. “Customer confusion is not an element of any of Edible’s claims.”

Cause of Action 100

Cause of Action Court Statute Laws 100

At the Lectern

JULY 26, 2021

Tri-Modal Distribution Services , the Supreme Court today interprets the statute of limitations for employment harassment cases to give certain plaintiffs more leeway to bring their lawsuits, and it protects many unsuccessful plaintiffs from paying defendants’ appellate costs.

Statute 40

Statute Cause of Action Court Litigating 40

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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Stare Decisis Statute Court Contract 97

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

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Statute Court Contract Tort 100

SCOTUSBlog

JUNE 25, 2021

Although Congress has sometimes passed statutes that give someone a “cause of action” when a federal law has been violated, Kavanaugh wrote, that is not enough, by itself, to give a plaintiff the right to sue in federal court. Friday’s ruling in TransUnion v. The Constitution does no such thing.”

Court 119

Court Cause of Action Statute Court Rules 119

The IP Law Blog

MARCH 9, 2023

However, the Court held the Plaintiff provides no authority supporting the contention that the use of a method to design a product is the same as the use of a method to manufacture the product, as contemplated by the statute. The Court reasoned the statute clearly contemplates that “made” means “manufactured.”

Manufacturing 98

Manufacturing Statute Court Cause of Action 98

LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S.

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Legal Research Legal Legal eDiscovery 80

SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S. Disclosure : Goldstein & Russell, P.C.,

Government 101

Government Statute Cause of Action Entertainment 101

Mondaq

DECEMBER 28, 2021

On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for.

Cause of Action 40

Cause of Action Statute Court 40

Conflict of Laws

MAY 31, 2021

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State. This is a discussion for another day. [1]

Contract 98

Contract Cause of Action Court Laws 98

FDA Law Blog

JULY 8, 2024

That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive. According to a review of federal law she cited, by 1986 there already were more than 200 federal statutes calling for trials before ALJs.

Court Rules 59

Court Rules Cause of Action Court Statute 59

The IP Law Blog

JANUARY 11, 2024

2255, which allows victims of child pornography to bring a civil cause of action. The defendants moved to dismiss Mr. Elden’s complaint, arguing that it was barred by the applicable 10-year statute of limitations for such claims. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.

Personal Injury 62

Personal Injury Statute Cause of Action Court 62

SCOTUSBlog

JUNE 9, 2023

Second, the central purpose of the cause of action for trademark infringement in the federal Lanham Act is confusion, specifically, confusion “about the source of a product or service.” That statute has an exception that protects competing uses if their use of the mark is “noncommercial.”

Manufacturing 112

Manufacturing Statute Cause of Action Court 112

Patently O

OCTOBER 11, 2021

706 authorizing actions to compel agency to stop any behavior that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Constitution to require that the plaintiff identify some concrete harm caused by the defendant’s action (or inaction). That case is now on appeal.

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Statute Cause of Action Court Laws 80

Patently O

MARCH 18, 2024

. = = = One interesting aspect of this decision relates to absence of a statute of limitations. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. The plaintiffs filed their lawsuit in 2019.

Statute 59

Statute Cause of Action Court Rules Litigation 59

Patently O

MARCH 21, 2021

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. 1338(a) provides Federal district courts with “original jurisdiction of any civil action arising under any Act of Congress relating to patents.” by Dennis Crouch. ” Id. ” 28 U.S.C. See, for example, Gunn v.

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Contract Statute Court Cause of Action 100