Mondaq

SEPTEMBER 8, 2021

A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA).

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision. Eva Balounová *.

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FDA Law Blog

OCTOBER 7, 2024

In June, the Supreme Court ruled that the SEC cannot use its administrative authority to impose civil penalties for securities fraud on the ground that these penalties violate the U.S. Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. By JP Ellison & Anne K.

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SCOTUSBlog

DECEMBER 9, 2021

To recap the issue in the two cases: A 1996 statute, the Anti-Terrorism and Effective Death Penalty Act, bars federal courts from holding evidentiary hearings in habeas corpus cases if a prisoner “has failed to develop the factual basis of a claim in State court [post-conviction] proceedings.”

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SCOTUSBlog

JULY 9, 2024

In a previous ruling, the court of appeals had concluded that the 30-day statutory deadline is mandatory, with no room for flexibility. Based on that ruling, and looking to Supreme Court decisions rigidly construing similar statutory deadlines, the 11th Circuit held that Sanchez and Palacios were out of luck.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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SCOTUSBlog

OCTOBER 4, 2023

If the court ruled on the standing question, he seemed to suggest, it would be issuing “an advisory opinion.” Justice Elena Kagan suggested that even if the court could decide the standing question, there was a broader issue at stake.

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Broadcast Law Blog

SEPTEMBER 25, 2014

It is important to recognize that this is a trial court decision by a Federal Court interpreting California law. A California court, in another case addressing this issue, preliminarily reached a different conclusion just a few weeks ago (see this article about that preliminary ruling).

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ClimateChange-ClimateLaw

MAY 31, 2024

Tokyo High Court On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. The last of these cases was the first climate case in the form of administrative litigation. Thus, the court’s approach effectively means that no plaintiff will have standing in any climate change litigation.

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SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.

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JonathanTurley

NOVEMBER 24, 2020

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.

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Conflict of Laws

MAY 6, 2024

However, the respondent fearing compliance with the Scottish locus inspection order, sought an order from Kenyan Court to prevent the execution of the locus inspection order in Kenya, leading to a petition being filed by the Appellants before the Employment and Labour Relations Court in Kenya.

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Patently O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses. 20, 2023).

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Metadata Technology Laws Court 96

FDA Law Blog

APRIL 23, 2021

So, the obvious question to many readers is how does this Supreme Court decision implicate FDA? In other words, can FDA, through the Department of Justice (DOJ), request that a court impose monetary sanctions against a person who violates the Federal Food, Drug, and Cosmetic Act (FDC Act) in light of the AMG decision?

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Conflict of Laws

SEPTEMBER 14, 2023

As discussed further below, the addition of “rulings” (??) to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.” but not to “rulings.” In another change from the draft law, the NPC Standing Committee has added “PRC Courts” (??????????)

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Drafting Court Laws Government 49

Conflict of Laws

APRIL 20, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

FEBRUARY 16, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

JANUARY 11, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

NOVEMBER 23, 2021

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

The Crime Report

JANUARY 4, 2023

When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. The question, then, was how to get the method into trial without litigating the science behind it or teeing up an appeal. Riley said again and again that he thought his brother was dead.

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Conflict of Laws

DECEMBER 7, 2021

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. CLIMATE LITIGATION CHART. and non-U.S. ADDITION TO THE NON-U.S.

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Conflict of Laws

AUGUST 31, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

SEPTEMBER 28, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vis-a-vis International Commercial Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Resolution”, Journal of Dispute Resolution 2022-02, pp. Litigants”, New York University Law Review 94 (2019), pp 1210-1243.

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Conflict of Laws

JUNE 21, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States lack Article III standing because this Court’s precedents and the ‘historical experience’ preclude the States’ ‘attempt to litigate this dispute at this time and in this form.’”

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Immigration Court Rules Court Entertainment 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. and non-U.S. Zepeda , No. filed Nov.

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Conflict of Laws

AUGUST 30, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? Cross-Border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention, Skopje 2021, pp. Mc Gill Journal of Dispute Resolution 6 (2019-2020), pp. 187-214 Coco, Sarah E. 8 (2021), pp.

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SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. In Louisiana v.

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Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. 1) The litigation background.

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Conflict of Laws

APRIL 4, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? Cross-Border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention, Skopje 2021, pp. Mc Gill Journal of Dispute Resolution 6 (2019-2020), pp. 187-214 Coco, Sarah E. 8 (2021), pp.

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Conflict of Laws

AUGUST 22, 2023

786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 3, where the Beijing Fourth Intermediate People’s Court ruled to recognize and enforce a trademark judgment of the Korean Supreme Court. 99 Trade Co.

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Cause of Action Divorce Court Rules Lawyer 52

Conflict of Laws

SEPTEMBER 30, 2024

This decision is also interesting because it is unlikely, if not impossible, to have foreign judgments recognized and enforced in Thailand. 1, [14] where the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor.

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Cause of Action Divorce Lawyer Lawyers 64

Conflict of Laws

FEBRUARY 15, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? Cross-Border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention, Skopje 2021, pp. Mc Gill Journal of Dispute Resolution 6 (2019-2020), pp. 187-214 Coco, Sarah E. 8 (2021), pp.

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SCOTUSBlog

OCTOBER 5, 2024

In doing so, he writes, the state court applied that law “essentially verbatim” in its opinion, without referring to federal law. Glossip counters that there is a “high hurdle” to overcome the presumption that the Supreme Court can review a state court ruling on an issue of federal law.

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HowAppealing

DECEMBER 10, 2021

David Goodman and Ruth Graham of The New York Times report that “ Small Court Victories Change Nothing for Women Seeking Abortions in Texas; A Texas statute that bans abortion after six weeks of pregnancy was seemingly undercut by two court rulings, but the reality on the ground has not changed.” ” David G.

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JonathanTurley

JUNE 17, 2021

The Court this week asked the Biden Administration to take a position in the case involving allegations that Harvard has discriminated against Asian applicants. Universities have spent decades working around court decisions limiting the reliance on race as an admissions criteria. President and Fellows of Harvard College.

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