SCOTUSBlog

OCTOBER 10, 2023

Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. The contract calls for New York law, so the justices have to decide whether federal courts should respect that contract. The first is the 1955 decision in Wilburn Boat Co.

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Contract Laws Court Statute 112

Above The Law

MARCH 5, 2025

(Photo by Bill O’Leary/The Washington Post via Getty Images) One of the quickest lessons you pick up in law school is that the path to knowing the law doesn’t end at finding a line in the Constitution or a statute and reading it aloud to anyone who would hear it. Court of Appeals for the Eleventh Circuit, Alana C.

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Legal Legal Law School Laws 106

JURIST

APRIL 28, 2022

The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes.

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Compensatory Damages Contract Contract Law Statute 195

The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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Statute Cause of Action Court Contract 98

SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

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Court Rules Contract Court Statute 98

Conflict of Laws

MAY 31, 2021

In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.

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Contract Cause of Action Court Laws 98

SCOTUSBlog

JUNE 26, 2024

Share The Supreme Court on Wednesday ruled that a federal anti-bribery law does not make it a crime for state and local officials to accept a gratuity for acts that they have already taken. The question came to the court in the case of James Snyder, the former mayor of Portage, Ind.,

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Laws Statute Court Government 111

SCOTUSBlog

MARCH 15, 2024

The issue is whether the insurer can even put the question to the court for consideration. The insurer’s argument is simple, relying directly on the statute’s reference to a “party in interest.” The post Court faces dispute over insurer’s rights in asbestos bankruptcy plan appeared first on SCOTUSblog.

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Court Contract Statute Manufacturing 125

SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

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Statute Court Contract Tort 101

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.

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Statute Legal Legal Court 119

CARET Legal

NOVEMBER 12, 2024

AI-powered tools can now sift through vast amounts of legal data in a fraction of the time it would take a human, to identify relevant cases, statutes, and precedents with remarkable accuracy. In 2025, these technologies will revolutionize legal research, document review, and case predictions. But the impact of AI goes beyond just speed.

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Legal Technology Solution Technology Document Review Legal 122

FDA Law Blog

MAY 30, 2024

Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.

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Manufacturing Contract Statute Court 59

Constitutional Law Reporter

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. As enacted in 1984, the statute at issue in the case, 18 U.S.C. The Seventh Circuit Court of Appeals affirmed Snyder’s conviction.

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Statute Court Rules Court Contract 52

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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Statute Court Tort Healthcare 59

SCOTUSBlog

DECEMBER 13, 2020

The Supreme Court’s opinion Thursday in Rutledge v. Pharmaceutical Care Management Association firmly rejected an attack on state statutes that protect pharmacies from the prescription-reimbursement intermediaries that health-insurance providers use to administer their prescription-drug programs.

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Statute Court Contract Laws 99

SCOTUSBlog

JANUARY 5, 2024

In May 2022, a divided Supreme Court put the Texas law on hold while the challenges to the law continued in the lower courts. Court of Appeals for the 5th Circuit later rejected those challenges and upheld the law, while the U.S. Court of Appeals for the 11th Circuit barred the state from enforcing most of the law.

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Court Calendaring Contract Statute 115

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

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Court Statute Cause of Action Contract 98

Patently O

APRIL 22, 2021

Supreme Court heard oral arguments on April 21, 2021 in the pending assignor estoppel case of Minerva Surgical Inc. The basic idea is that an inventor who signs the oath-of-inventorship and assign rights to a third party is estopped from later challenging the patent’s validity in court. by Dennis Crouch. Hologic Inc.

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Court Contract Statute Court Decisions 118

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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Stare Decisis Statute Court Contract 98

JURIST

SEPTEMBER 21, 2022

Ireland Tuesday filed a declaration of intervention in the Registry of the Court in the International Court of Justice (ICJ) in the case of Ukraine v. Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Russian Federation.

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Statute Contract Construction Court 104

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.

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Statute Construction Cause of Action Misdemeanor 59

SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.

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Calendaring Court Statute Court Rules 128

SCOTUSBlog

DECEMBER 2, 2021

Share The Supreme Court heard oral argument Tuesday in , Cummings v. Court of Appeals for the 5th Circuit held that Cummings could not seek damages for emotional distress. At the Supreme Court on Tuesday, the justices sought to pin down which methodology they should apply to such cases. Premier Rehab Keller, P.L.L.C. ,

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Contract Statute Court Contract Law 98

SCOTUSBlog

DECEMBER 3, 2022

Share The Supreme Court turns its attention to bankruptcy next Monday when it hears argument in MOAC Mall Holdings LLC v. The case involves the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its interest in a lease. The bankruptcy court rejected the landlord’s argument.

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Court Statute Contract Court Rules 98

FDA Law Blog

NOVEMBER 7, 2021

Kirschenbaum — On September 30, we blogged about the ongoing dispute and litigation around the use of contract pharmacies under the 340B Drug Discount Program (click here ). District Court for the Southern District of Indiana decided several substantive motions in Eli Lilly & Co. Last week, the U.S. 1:21-cv-00081-SEB-MJD (S.D.

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Statute Contract Manufacturing Court 52

FDA Law Blog

MARCH 24, 2024

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state. Code Ann. § 23-92-604(c)(1), (2) (Act 1103).

Manufacturing 59

Manufacturing Contract Laws Statute 59

SCOTUSBlog

APRIL 20, 2023

Share During oral argument in two consolidated cases on Tuesday, the court seemed poised to reverse the decision of the U.S. Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. At issue on Tuesday in two consolidated cases – U.S.

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Court Government Statute Litigation 129

SCOTUSBlog

JUNE 1, 2023

Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. Court of Appeals for the 7th Circuit had found it was never relevant.

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Court Statute Government Contract 109

SCOTUSBlog

MARCH 20, 2024

considered a technical question under the Bankruptcy Code, how to decide when an entity is a “party in interest” under the statute, which gives it a right to “be heard on any issue” in a Chapter 11 proceeding. One of the oddest parts of the argument was the lack of engagement with the relevant statute. Kaiser Gypsum Co.

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Statute Contract Court 117

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The court found for the government, therefore, Polansky filed for a writ of certiorari to the Supreme Court.

Court Rules 104

Court Rules Court Government Statute 104

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.

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Government Court Litigation Litigating 113

Conflict of Laws

NOVEMBER 27, 2021

The focus of this write-up is a case note on a very recent decision of the Nigerian Court of Appeal that declined to enforce an exclusive English choice of court agreement. [1] In exercising its discretion the court should take account of all the circumstances of the particular case.

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Court Contract Statute Laws 98

The Crime Report

APRIL 29, 2022

The Supreme Court has ruled that victims of discrimination, which is forbidden by four federal statutes, may not sue if the only harm was emotional distress, reports the New York Times. The Supreme Court ruled against Cummings saying that the federal anti-discrimination laws she invoked did not allow suits for such emotional harm.

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Court Statute Contract Court Rules 75

SCOTUSBlog

JUNE 3, 2021

United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. The lower courts upheld a conviction under the CFAA (because he was not entitled to check license-plate records for private purposes).

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Statute Laws Government Contract 123

Patently O

MARCH 7, 2022

The court dismissed the case, holding that “the law does not impose strict liability for harms arising out of the storage of personal information.” 4-weeks after discovering the breach, Waste Management disclosed the breach to individuals as well as to the California Attorney General (required by statute).

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Contract Statute Litigation Litigating 118

LexForti

JANUARY 18, 2022

This article was written by Shristi Roongta, who explains what are smart contracts and elaborates upon its presence in the Indian laws. Hence the contracts are also getting digitalised. Basically, smart contracts are new age software-based contracts in which the software automates the business processes. INTRODUCTION.

Contract 52

Contract Technology Laws Court 52

SCOTUSBlog

NOVEMBER 3, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. A list of all petitions we’re watching is available here.

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Government Contract Statute Construction 89