Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).

Tort 75

Tort Litigating Litigation Legal 75

ClimateChange-ClimateLaw

APRIL 24, 2025

In light of these outcomes, it still remains to be seen how the Swedish courts will in future cases interpret and apply the ECtHRs rules on victim status and standing. That said, Swedish courts may soon be called upon to interpret and apply the ECtHRs standing test more directly.

Litigation 64

Litigation Litigating Court Government 64

Broadcast Law Blog

SEPTEMBER 21, 2021

Facially, the service looked much like that offered by Aereo, which the Supreme Court determined seven years ago violated federal copyright law by retransmitting TV stations without first obtaining the consent of the copyright holders (see our article here on the Aereo Supreme Court decision).

Court Decisions 84

Court Decisions Court Government Litigating 84

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.

Litigation 59

Litigation Litigating Government Court 59

Law 360

JULY 9, 2024

Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine. The net result of the U.S.

Litigating 52

Litigating Litigation Court Decisions Government 52

SCOTUSBlog

DECEMBER 12, 2024

The question before them is whether to uphold the judgment of a lower court that awarded damages for profits earned not only by the entity named as a defendant in the lawsuit, but also by several other entities that were not parties to the litigation.

Real Estate 100

Real Estate Court Decisions Government Court 100

JURIST

DECEMBER 19, 2023

This provision of the US Code provides that any individual or local government that deprives a citizen of their rights shall be liable to civil action for the injuries caused. Under the Supreme Court decision Allen v. The action against North Carolina is not the only ongoing voting rights litigation in the country.

Court Decisions 129

Court Decisions Government Litigating Litigation 129

Law 360

JUNE 20, 2023

Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.

Litigating 40

Litigating Litigation Court Court Decisions 40

JURIST

DECEMBER 17, 2020

Board of Regents of the University of Oklahoma , the court held that the NCAA could, in the interest of preserving the character and quality of college sports, impose restrictions upon players that would otherwise breach antitrust laws. ” The court also granted certiorari in TransUnion LLC v.

Punitive Damages 152

Punitive Damages Court Sports Education 152

ClimateChange-ClimateLaw

MARCH 27, 2025

The Act includes a provision that preempts state and local governments from setting standards concerning the energy efficiency, energy use, or water use of products regulated by EPCA. Now, with improved legal support, local governments may be more empowered to reconsider those building decarbonization ordinances.

Laws 59

Laws Court Construction Government 59

Law 360

DECEMBER 19, 2024

Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

Court Decisions 52

Court Decisions Litigation Litigating Attorney 52

Conflict of Laws

OCTOBER 28, 2023

This includes (i) the law that is applicable to the merits of the dispute, (ii) the institutional rules that govern the conduct of the arbitration, (iii) law that governs the arbitration agreement, including its interpretation, generally referred to as the ‘proper law of the arbitration agreement’. Public policy of which state? –

Government 59

Government Laws Contract Court 59

SCOTUSBlog

JANUARY 10, 2022

government deported him to Mexico. The government reinstated his prior removal order. While the Supreme Court has never set a bright-line test on when a detainee is entitled to a bond hearing, the U.S. The Supreme Court will now review those decisions. After one such entry, the U.S. Rodriguez and Johnson v.

Immigration 144

Immigration Statute Government Court 144

ClimateChange-ClimateLaw

JULY 12, 2022

The first week of July 2022 brought on several major developments in climate litigation in the Netherlands, with possibly significant ramifications for a new type of global climate litigation. This “splash” of misleading advertisement cases (rather than a “wave”) seems to be a fairly new phenomenon in climate litigation.

Litigating 56

Litigating Litigation Court Legal 56

JURIST

JANUARY 25, 2023

The Supreme Court of India Friday dismissed a plea challenging the Caste Census initiated in the Indian state of Bihar. By terming the Public Interest Litigation (PIL) a “Publicity Interest Litigation,” the Supreme Court lent its tacit approval to the caste census.

Court 104

Court Government Litigating Litigation 104

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.

Laws 111

Laws Court Litigation Litigating 111

FDA Law Blog

DECEMBER 7, 2023

Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. FTC Supreme Court decision stripping FTC of its ability to obtain restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act. By Steven J.

Litigating 52

Litigating Litigation Diligence Manufacturing 52

FDA Law Blog

SEPTEMBER 29, 2021

Manufacturers may choose not to participate in this program, but the federal government will not reimburse for their outpatient drugs under Medicaid or Medicare Part B if they do not. A 2018 report by the Government Accountability Office (“GAO”) found similar issues, as well as contract pharmacy noncompliance and poor federal oversight.

Litigating 52

Litigating Litigation Manufacturing Contract 52

ClimateChange-ClimateLaw

DECEMBER 21, 2021

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

Legal 81

Legal Legal Court Litigation 81

ClimateChange-ClimateLaw

APRIL 18, 2023

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. While a handful of local prohibitions fall within the Ninth Circuit decision’s scope, many more do not. Options that remain available to local governments are addressed in the next section.

Construction 122

Construction Government Legal Legal 122

Hoban Law Group

APRIL 13, 2021

The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list.

Drafting 105

Drafting Statute Government Court Decisions 105

SCOTUSBlog

FEBRUARY 21, 2022

Some background about the general compromise that governs that problem sets the stage for this dispute. In 1968, Congress transferred the federal government’s trust responsibility for the Pueblo to the state of Texas, following a similar action it had taken in 1954 for a much larger reservation held by the Alabama-Coushatta in East Texas.

Statute 115

Statute Government Court Decisions Litigating 115

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.

Court 115

Court Construction Litigation Litigating 115

SCOTUSBlog

MAY 28, 2021

The case involves the costs of appellate litigation. Under the “American Rule,” the prevailing party in litigation in the United States ordinarily must pay its own attorney’s fees, absent some statute that calls for a different outcome. Conversely, the prevailing party typically is reimbursed for many of the other costs of litigation.

Court 98

Court Litigation Litigating Statute 98

LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law. This was not easy.

Metadata 134

Metadata Court Decisions Contract Legal 134

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. The trial court denied Tekoh’s motion and admitted his statement.

Court 104

Court Government Lawyer Lawyers 104

ClimateChange-ClimateLaw

NOVEMBER 22, 2022

In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter of human rights and calling on the Indonesian government to take stronger action. Indonesia , as well as recent developments of the case. The human rights complaint.

Government 80

Government Litigation Litigating Attorney 80

Broadcast Law Blog

JULY 1, 2021

But it also includes questions including whether to do away with the dual network rule prohibiting the common ownership of two of the top 4 TV networks, and whether to adopt specific criteria to govern when ownership combinations of two of the Top 4 TV stations in any market will be allowed (the review is a case-by-case review now).

Litigation 56

Litigation Litigating Court Decisions Government 56

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

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. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. 24, 2016).

Litigating 40

Litigating Litigation Attorney Court 40

Patently O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. Because of that heavy threshold, a CVSG is typically seen as an important signal that the court is likely to grant certiorari. ” Eligibility : American Axle v. VLSI Technology LLC.

Laws 95

Laws Court Litigation Litigating 95

FDA Law Blog

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

Litigation 59

Litigation Litigating Statute Manufacturing 59

FDA Law Blog

OCTOBER 7, 2024

Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. H&P specifically relies on the Supreme Court decision in Jarkesy , as well as the 2023 Supreme Court decision in Axon Enterprise, Inc. In Huff and Puffers v. Constitution. FTC , 598 U.S.

Court Decisions 59

Court Decisions Litigation Litigating Court 59

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

Contract 99

Contract Laws Statute Litigating 99

Constitutional Law Reporter

JUNE 5, 2024

The Government also later provided McIntosh with a pretrial bill of particulars that included as property subject to forfeiture $75,000 in cash and a BMW that McIntosh purchased just five days after one of the robberies. After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing.

Court 52

Court Government Litigation Litigating 52

Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Celgene Corp. Mylan Pharma ( Fed. There are two different ways to show proper venue: Venue by Residence : Venue is proper if the defendant(s) reside in the district where the case is filed.

Statute 95

Statute Manufacturing Court Decisions Court 95

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.

Small Business 88

Small Business Court Statute Court Decisions 88

SCOTUSBlog

APRIL 23, 2021

Taking a different approach, Justice Clarence Thomas pointed out that the Patent Act does not mention claim preclusion or issue preclusion, but those doctrines nevertheless bar certain arguments in patent litigation. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party.

Stare Decisis 85

Stare Decisis Laws Contract Court Decisions 85