SCOTUSBlog

MARCH 3, 2025

Later, when the Indian government decided to exploit the relevant spectrum for itself, it had Antrix cancel the contract. Because the contract called for arbitration, the Devas entities commenced an ICC arbitration seeking damages for the termination, in which they received an award of about $500 million.

Court 92

Court Contract Court Rules Government 92

JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. ” She was then denied the contract. In NAACP v. Claiborne Hardware Co.

Court Rules 50

Court Rules Contract Laws Court 50

SCOTUSBlog

JULY 3, 2022

In doing so, it relied on a clause in the original statute stating that the legislature “reserves the right to alter, amend, or repeal” the health benefits for retired employees at any time. The North Carolina Supreme Court ruled for the employees. Swift & Co. State Health Plan for Teachers and State Employees v.

Contract 77

Contract Statute Court Court Rules 77

SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

Calendaring 120

Calendaring Court Statute Court Rules 120

SCOTUSBlog

JUNE 25, 2021

Share The Supreme Court ruled Friday in favor of oil refineries seeking exemptions from a federal program that requires renewable fuels to be blended into gasoline and diesel. The refineries argued that the text of the relevant statute – 42 U.S.C. Justice Neil Gorsuch wrote the opinion in Hollyfrontier Cheyenne Refining v.

Statute 75

Statute Contract Court Rules Court 75

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

Government 107

Government Court Litigating Litigation 107

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. Code Ann. § 28-3-105.)

Tort 59

Tort Statute Diligence Contract 59

Conflict of Laws

FEBRUARY 22, 2024

The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. In a unanimous opinion authored by Justice Kavanaugh, the Court concluded that the answer to this question was no.

Court 69

Court Contract Laws Statute 69

Day on Torts

FEBRUARY 14, 2022

56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

Contract 59

Contract Statute Court Legal 59

SCOTUSBlog

JULY 6, 2021

Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws. It marks a major victory for states that seek to innovate or tinker with their election laws — to expand them or to contract them. The court rejected the challenge to Arizona’s laws.

Laws 102

Laws Court Contract Entertainment 102

Day on Torts

FEBRUARY 16, 2022

Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. internal citation omitted). Code Ann. §

Tort 59

Tort Construction Statute Court 59

SCOTUSBlog

SEPTEMBER 29, 2023

But the lower courts ruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. And when that principle is applied, it contends, the choice-of-law provision in its contract with Raiders Retreat is enforceable.

Court 144

Court Statute Laws Litigation 144

SAV Paralegal Services

OCTOBER 11, 2021

Employers often attempt to limit their obligations towards employees by pre-emptively adding clauses that limit termination entitlements in the employment contract. Generally, the default notice period for an employment contract where there is no termination clause is governed by the common law under the concept of reasonable notice period.

Contract 52

Contract Paralegal Services Paralegal Paralegals 52

Conflict of Laws

FEBRUARY 22, 2024

Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. Pursuant to Article 4 of Law No. 231/2005 of 27 February 2006 ). Girsberger et al.

Court 69

Court Laws Contract Court Decisions 69

Law Prose

OCTOBER 12, 2022

or rule-establishing (contracts, regulations, statutes, etc.). Identify all applicable specifications (court rules, client requirements, etc.). .); persuasive (briefs, motions, etc.); Define why you’re writing the piece—the precise result you seek. Determine the desired length.

Legal 40

Legal Legal Legal Research Drafting 40

Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case.

Laws 98

Laws Court Contract Legal 98

SCOTUSBlog

FEBRUARY 24, 2022

Justice Sonia Sotomayor asked Kimberly if there was an “easy fix” for the tribe and the federal government to avoid double jeopardy problems in future cases in the event that the Supreme Court rules in favor of Denezpi. Kimberly responded that those issues might arise in future cases but are not before the court in Denezpi.

Government 98

Government Court Laws Attorney 98

CARET Legal

JULY 19, 2024

The court rules in favor of the opposing party, and your client loses the case. Missed deadlines can include missed statutes of limitations, missed deadlines to obtain alias and pluries summons, missed discovery deadlines, and missed appellate deadlines. By the time you realize your mistake, it’s too late.

Calendaring 98

Calendaring Law Firm Law Firms Legal Technology Solution 98

Day on Torts

OCTOBER 24, 2022

UT had a contract with Erlanger Health System (Erlanger) to provide “residents and supervising professors, as well as ‘coverage’ consisting of physicians to staff the residency clinics at Erlanger.” Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument.

Tort 45

Tort Contract Court Statute 45

Day on Torts

AUGUST 12, 2021

According to plaintiff, this was enough to show that defendant was not an employee of WTMG, but the Court disagreed. Under these facts, the Court ruled that “WTMG exhibited sufficient control over Dr. Walker’s employment that she may be considered an employee” under the GTLA.

Tort 59

Tort Court Statute Contract 59

Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. After discovery, DSS filed a motion for summary judgment, which the trial court granted. Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

At the Lectern

MARCH 24, 2022

In a rare ruling, the court granted review in Munoz v. The statute proscribes a reviewing court from “render[ing] a decision in a proceeding. ” The Supreme Court’s order depublishes the appellate court’s opinion.

Misdemeanor 56

Misdemeanor Court Statute Government 56

Conflict of Laws

SEPTEMBER 15, 2024

Supreme Court ruled that comity requires an assessment of the interests of the foreign nation involved and the requesting nation. [3] and English courts do not give effect to foreign blocking statutes, like the French Blocking Statute, but have ruled in favor of disclosure of documents and information.

Laws 59

Laws Contract Court Litigation 59

LawTechnologyToday

NOVEMBER 24, 2021

The most popular usage of e-books by those who do access them was to conduct research on statutes, followed by forms/agreements/contracts, court rules, regulations, and cases in that order. Software Adoption and Changes for Document Purposes.

Technology 100

Technology Metadata Attorney Project Management 100

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. In case the agreement of the parties is ruled by the laws of a Non-European state, it is doubtful whether the harmonized European trade secret law is applicable.

Contract 52

Contract Tort Court Litigation 52

JURIST

MAY 26, 2021

GSU’s proposed contract with Martin included a certification, which stated, “You certify that you are not currently engaged in, and agree for the duration of this agreement not to engage in, a boycott of Israel, as defined in O.C.G.A.” The court ruled in favor of Martin, and found that O.C.G.A. §

Laws 287

Laws Statute Contract Court Rules 287

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.

Court 40

Court Litigation Litigating Attorney 40

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

Statute 112

Statute Legal Legal Court 112

Conflict of Laws

AUGUST 19, 2021

Historically, Nigerian courts have always exercised jurisdiction over a defined subject matter within a clearly specified territory as provided for under the Constitution of the Federal Republic of Nigeria 1999 (as amended) (the “Constitution”). ” [11]. .

Court 76

Court Contract Statute Laws 76

JURIST

AUGUST 25, 2023

Planned Parenthood South Atlantic joined two physicians and Greenville Women’s Clinic to file a petition Thursday asking the Supreme Court of South Carolina to reconsider its decision to uphold a strict state law banning abortions after six weeks of pregnancy.

Court 104

Court Construction Statute Contract 104

Conflict of Laws

OCTOBER 28, 2022

The court clarified that the provision governs the jurisdiction of a court also in such cases where a consumer who has contracted with a professional counterparty subsequently relocates to another contracting State. 3 Lugano II) remain possible as a means of protection. Staudinger/F. 6(4)(c) of the Rome I Regulation.

Contract 52

Contract Laws Government Court 52

Day on Torts

MARCH 11, 2022

The Court explained that it was “not free to disregard the discussion in Owens directly addressing the issue before [it].” During oral arguments, plaintiff also suggested that Owens was inapplicable because the statute cited therein, Tenn. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

Attorney 59

Attorney Statute Healthcare Court 59

Conflict of Laws

MARCH 19, 2021

In spite of a choice of court agreement pointing to Irish courts for “all suits to enforce this contract” (translation), the OLG München has held itself competent for antitrust claims, as – according to the reasons given – no interpretation of the contract was necessary. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

APRIL 25, 2024

One of them considers the ‘appropriate court’ ground for service out of jurisdiction provided in Order 8 rule 1(1) and touches on the location of cryptoassets; the other is on Order 8 rule 1(3). A parallel provision to Order 8 rule 1(3) can be found in the Singapore International Commercial Court Rules 2021 (‘SICC Rules’).

Cause of Action 69

Cause of Action Court Laws Contract 69

Constitutional Law Reporter

FEBRUARY 1, 2022

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

Day on Torts

APRIL 25, 2022

Our General Assembly has made it clear by statute…that healthcare decision-making pursuant to a power-of-attorney in Tennessee requires specific authorization by healthcare power-of-attorney. …In The Court looked to a 2017 Tennessee Supreme Court Case, Beard v. In the present case, the POA provides [daughter] no such authority.

Attorney 59

Attorney Healthcare Court Rules Court 59

JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Alabama , 219 U.S.

Court 57

Court Laws Statute Contract 57