Patently O

DECEMBER 28, 2023

Robert Brauneis: Li v Liu Beijing Internet Court 20231127 with English Translation. More AI related decisions are available at the GWU AI Litigation Database.] Still, the Beijing Internet Court itself emphasized the approach of judging AI copyright issues based on the specific facts.

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Court Court Decisions Court Rules Litigating 139

ClimateChange-ClimateLaw

MARCH 6, 2025

This blog post discusses the case and its implications for future climate litigation and policy in Czechia. First Dismissal by the Supreme Administrative Court In February 2023, the Supreme Administrative Court of the Czech Republic overturned the Prague Municipal Courts decision and returned the case for further proceedings.

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Litigating Litigation Government Court 59

FDA Law Blog

JULY 8, 2024

By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. There is no question that the Jarkesey decision has created significant uncertainty as to the authority of many agencies imposing civil penalties administratively. Jarkesy.

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Court Rules Cause of Action Court Statute 59

SCOTUSBlog

JUNE 4, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether the 2nd Circuit’s decision in December granting the state an early-stage victory in the litigation ran afoul of the Second Amendment. Agreeing with the challengers, the lower courts put different parts of the law on hold.

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Laws Court Litigating Litigation 104

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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Court Rules Court Decisions Litigating Litigation 40

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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Court Decisions Litigating Litigation Court 59

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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Small Business Court Statute Court Decisions 81

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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Construction Government Legal Legal 122

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

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).

Court Rules 40

Court Rules Court Statute Laws 40

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.

Court 64

Court Construction Government Court Decisions 64

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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Court Laws Statute Litigating 69

JURIST

MARCH 26, 2025

US District Judge Stephen Locher issued the preliminary injunction after reconsidering the law, known as Senate File 496 , under instructions from a federal appeals court that had vacated his earlier injunction. That standard, Judge Locher wrote, went beyond the US Supreme Court’s well-established precedent on obscenity for minors.

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Litigating Litigation Court Decisions Attorney 210

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

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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Court Government Litigating Litigation 59

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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Court Statute Punitive Damages Government 40

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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Court Litigating Litigation Attorney 40

SCOTUSBlog

DECEMBER 7, 2022

Gore : whether the state court decision is “such a sharp departure from the state’s ordinary modes of constitutional interpretation that it lacks any fair and substantial basis in state law.”. Katyal warned that a ruling for the legislators would have a “blast radius” that would “sow election chaos” and lead to a flood of litigation.

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Court Litigating Litigation Lawyer 106

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 *.

Litigation 40

Litigation Litigating Government Court 40

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.’”

Immigration 52

Immigration Court Rules Court Entertainment 52

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.”

Statute 100

Statute Lawyer Lawyers Court 100

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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Court Attorney Court Decisions Court Rules 106

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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Statute Court Litigating Litigation 78

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.

Statute 101

Statute Stare Decisis Court Manufacturing 101

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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Felony Statute Attorney Court 118

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.

Court 107

Court Lawyer Lawyers Court Rules 107

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 Tort 49

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.

Attorney 39

Attorney Entertainment Litigating Litigation 39

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 ).

Drafting 52

Drafting Laws Litigating Litigation 52

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 ).

Drafting 52

Drafting Laws Litigating Litigation 52

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 ).

Drafting 52

Drafting Laws Litigating Litigation 52

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 ).

Drafting 52

Drafting Laws Litigating Litigation 52

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 ).

Drafting 52

Drafting Laws Litigating Litigation 52

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 ).

Drafting 40

Drafting Laws Litigating Litigation 40

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 ).

Drafting 40

Drafting Laws Litigating Litigation 40

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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Drafting Laws Litigating Litigation 40