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The main substantive debate in which the justices engaged was whether the voluntary dismissal of the original case was the kind of final proceeding to which Rule 60(b) would apply. McGills brief argued that a jurisdictional problem (based on the courtsdecision in Badgerow v.
The main difference is that instead of describing “Old No. On dilution (under the federal Trademark Dilution Revision Act), the court held that VIP was protected by an exception for “noncommercial” uses. Jack Daniel’s offers a similar argument on the dilution statute. 2 on your Tennessee carpet.”
The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute. Kavanaugh reasoned that when “the question on appeal is whether the case belongs in arbitration or instead in the district court, the entire case is essentially ‘involved in the appeal.’”
All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The Court next turned to Flowers argument that the §1 exemption would sweep too broadly without an implied transportation-industry requirement. Does a pizza delivery company derive its revenue mainly from pizza or delivery?
7] Choice of venue rules are used to determine which judicial division within a State (in the case of the State High Court) or judicial division within the Nigerian Federation (in the case of the Federal High Court) has jurisdiction. Choice of venue rules are mainly utilised for geographical and administrative convenience. 1776) 535.
With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. This all sounds complicated, I know.
There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.
Finally, it should be indicated that the position of the Bahraini courts on this issue is broadly similar to that of other countries in the region, as noted in the Introduction. The courts did so even in the absence of legislative guidance prior to the adoption of the current applicable rules (see eg, Supreme Court Appeal No.
Professor Martin Gebauer (University of Tbingen) explored three main themes: striking parallels in time and content, strong contrasts, and finally the tensions in characterisation. She exemplified her views by reference to statutes of limitation.
In its decision of 11 March 2021, the Cologne Higher Regional Court denied the international jurisdiction of the Cologne courts for permission proceedings under the German Telemedia Act (TMG) in cases of suspected abusive customer complaints in online marketplaces. The higher regional Court (Oberlandesgericht) of Frankfurt a.M.
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 Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders.
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 Courtdecision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. — Dennis Crouch.
It concluded “the Legislature passed this statute mainly with the intent of providing immunity for adverse pregnancy outcomes due to self-managed abortions or drug use during pregnancy.” There were eight criminal case grant-and-holds : three more waiting for a decision in People v. ” Another ICWA grant-and-hold.
Martiny, Dieter “The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp. EU Civil Procedure Law and Third Countries – Which Way Forward?,
In 2016, Catholic Charities sought an exemption from having to pay a Wisconsin unemployment tax for its employees, arguing that they fall within a provision of the statute that carves out from the definition of employment anyone who works for (as relevant here) an organization operated primarily for religious purposes.
The question before the court involves the RICO clause that requires the claimant to show that it has been injured in [it]s business or property. Barrett presents the main argument of the defendants (led byMedical Marijuana, Inc., But if his injuries force him to shut his doors, he can recover for the loss of his business.
Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.
The decision has already started to populate briefings in other climate cases brought by state and local governments against fossil fuel companies, and it will undoubtedly occupy a good deal of debate as those cases progress, both in the current stage of removal-remand battles and in the motions to dismiss that will follow.
And in 2022, they struck down a Maine policy that allowed public funds to be used to pay tuition at non-sectarian schools but not at religious schools. Urging the justices to overturn the Oklahoma Supreme Courtsdecision, the charter school board first insists that charter schools are not state actors or government entities.
There is plenty of commentary making the rounds regarding yesterdays 5-4 Supreme Courtdecision confirming that of course a judge can issue a Temporary Restraining Order to maintain the status quo and require USAID pay out the money that it owes to contractors for work already done. for the Court). United States v.
In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Courtdecision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow.
In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Additionally, cases that reversed lower courtdecisions or set new legal precedents were considered more significant.
Decision The Ninth Circuit reversed the district courtsdecision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it. The court noted that the claim was already largely resolved by the ADA ruling, and sending it to state court would be inefficient and unnecessary.
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.
The court rejected arguments that new climate change research and a decision to revise the 1987 forest plan to address climate change triggered supplementation requirements under NEPA. Maine Federal Court Declined to Enjoin Work on Electric Transmission Project. 1442, or the civil-rights removal statute, 28 U.S.C.
EPA (2024), she criticized the Courtsdecision to block an EPA rule without fully engaging with legal and procedural requirements, stating, The Court today enjoins the enforcement of a major Environmental Protection Agency rule without fully engaging with both the relevant law and the voluminous record. Luxshare, Ltd.
In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.
After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline.
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