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Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation.
The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. What arguments could you raise, she queried, that would be different than the manufacturer?
” Serious Questions : A preliminary injunction in trade secrecy cases require only a “fair chance of success on the merits or questions serious enough to require litigation.” Ultimax Cement Manufacturing Corp. CTS Cement Manufacturing Corp. , Here, the plaintiff raised “a serious question” and that was enough.
Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,
In an earlier blogpost we reported that the Amsterdam District Courtruled that it had international jurisdiction under the Brussels I-bis Regulation and the GDPR. The settlement addressed issues very similar to those raised in this case, as explicitly outlined in the agreement.
On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals courtruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals courtruled that Fikre’s case was not moot.
One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. As a result, vehicles with higher emissions than permitted were registered and marketed.
Regression analysis is a sophisticated quantitative technique that is widely used in the academic literature, in making business decisions and in many areas of litigation, though it is seldom presented in patent trials. A ruling in Intel’s favor may have made future royalties unavailable. 0.764 X 1.11% X $Accused Product Sales.
Yesterday, the first bellwether trial in the opioid multidistrict litigation (MDL) came to a close with a jury verdict in favor the plaintiffs. The litigation faced significant delays due to the COVID-19 pandemic. The jury agreed, deliberating for 8 days after the 6-week trial.
IPRs have become an important tool used by generic drug and biosimilar manufacturers to try and clear patent thickets covering brand-name products prior to or during the pendency of an ANDA or aBLA submission. Eliminating invalid patents under § 101 enables generic and biosimilar companies to streamline pharmaceutical litigation.
by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district courtruling ordering the correction of inventorship for U.S. Tube-Mac, is the plaintiff in this case and is looking to manufacture its own version of the container systems. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.
A federal court has issued its decision in what has been called “a novel lawsuit between a leading bridal wear designer and the manufacturer from whose employ she resigned over the control and use of social media accounts.” ” The case will now go back before the district court on remand.
The inaugural lecture was presented by Lord Lawrence Collins of Mapesbury (Former Justice at the United Kingdom Supreme Court) on the “Use and Abuse of Comity in International Litigation”. Supreme Courtruled that comity requires an assessment of the interests of the foreign nation involved and the requesting nation. [3]
One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. As a result, vehicles with higher emissions than permitted were registered and marketed.
The Court explained, “[i]f Congress wanted to make the ‘use or indication’ inquiry relevant to a holder’s market exclusivity for an orphan drug, it could have done so by including such language in § 360cc(a). The Court’sruling has the potential to make a “ Circus ” of orphan drug exclusivity. Catalyst Pharmaceuticals, Inc.,
Products liability suits against Ford Motors in Montana and Minnesota can go forward in their respective state courts, said the US Supreme Court on Thursday. The court rejected Ford’s argument that personal specific jurisdiction was limited to lawsuits in states where Ford manufactured or originally sold vehicles.
Sotomayor wrote separately “to underscore the interaction between prison officials’ obligations to set such rules and the exhaustion requirement of the Prison Litigation Reform Act. Since that day, Ramirez has manufactured more than a decade of delay to evade the capital sentence lawfully imposed by the State of Texas.
16 janvier 2024, n°22-83.681, available here ), the French Cour de cassation (chambre criminelle) recently rendered a ruling on some criminal charges against the French major cement manufacturer for its activities in Syria during the civil war. The Lafarge decision will have broad implications for transnational litigations.
Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of the state’s registration statute for foreign corporations.
Plaintiff filed a Motion to Substitute Expert Witness seeking to substitute a new expert whose opinions were “for the most part identical” to those of Dr. Sobel, but the trial court denied the motion. The Court of Appeals, however, found that the trial court “committed an abuse of discretion” in making this ruling.
NOW: Canadian apparel maker Gildan Activewear won a bankruptcy auction to buy American Apparel’s manufacturing equipment and intellectual property rights for $88 million in cash. The company said its stores and manufacturing operations would continue to operate normally under a restructuring deal reached with most secured lenders.
This legislation creates a statutory cause of action against the manufacturers, distributors and consultations of opioid drugs for causing or contributing to opioid-related disease, injury or illness. The post Canada top courtrules multi-crown litigation provision constitutional in opioid class action appeared first on JURIST - News.
highlights an interesting procedural quirk in Illinois law that may require Supreme Court intervention to resolve an important state law question about the scope of litigation privilege. The case started as a patent importation dispute that Toyo filed with the ITC against various tire manufacturers, but not against Atturo.
Concepcion , the Supreme Courtruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Two years ago, the courtruled that medical device maker Arthrex, Inc., Litigation between Arthrex and rival manufacturer Smith & Nephew, Inc.,
The courtruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys. Ferlito) and her little lamb (Mr.
The federal courtruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts. Key Questions of Fiduciary Duty and Free Speech These recent victories involve legal principles of fiduciary duty and free speech, which have been central areas of contention in litigation surrounding climate-related financial risk.
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. The court directed the parties to file status reports every 90 days. and non-U.S. 16-1430 (D.C.
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. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”
Kruger left WilmerHale for the University of Chicago Law School, where she taught a class in transnational litigation as a visiting assistant professor. A stint in the Obama administration, including arguments at the Supreme Court. Whether to maintain the status quo,” Kruger concluded, “is a question only Congress can decide.”.
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. EPA remanded the standards but did not vacate the rule. American Fuel & Petrochemical Manufacturers v. and non-U.S.
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. The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases.
Heller , in which the Supreme Courtruled the Second Amendment protects an individual’s right to keep and bear arms for self-defense unconnected with militia service, helped the gun lobby seduce Republican politicians into opposing common-sense regulations, writes Stanford University Law Professor John J.
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. In re: Border Infrastructure Environmental Litigation , No. and non-U.S. 17cv1215, 17cv1873, 17cv1911 (S.D.
The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article ) on the scope of the Second Amendment right to carry a gun outside the home. Wright , the justices summarily reversed a ruling by the U.S. That order is also covered in a separate article.). In Alaska v.
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. Sunset in Hawaii. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.
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