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The US Supreme Court has declined to hear an appeal from the South Carolina Department of Parks, Recreation, and Tourism (SCDPR) challenging a lower court ruling that found the state had waived sovereign immunity by participating in a federal antitrust lawsuit against Google.
Federal Ministers of Indigenous Services and Crown-Indigenous Relations, Patty Hajdu and Marc Miller respectively, along with Attorney General of Canada David Lemetti, released a statement late Friday night announcing that they have agreed with FN groups to come to a resolution on the outstanding issues in the litigation by December of this year.
Share It was not clear at oral arguments on Monday how the Supreme Court will rule on a challenge to Louisianas latest redistricting plan. And with Republicans holding only a slim majority in the House of Representatives, the courtsdecision could affect the balance of power there.
Ending one skirmish amid the legal battles at Tesla over excessive compensation, a Delaware Chancery Court on January 8 approved a deal that Teslas board of directors struck 18 months ago to return roughly $919 million to the company. Along with the settlement, Delaware Chancery Court Chancellor Kathaleen McCormick also approved $176.2
Supreme Court’s October 2022 term ended just a couple of months ago, but it’s already apparent that the decisions are leading to a great deal of litigation. What are the major issues left open by the cases that are likely to be litigated in state and federal courts?
“Judicial Notice (06.26.21): #FreeBritney; Blockbuster Supreme Courtdecisions, a big-ticket litigation finance deal, and other legal news from the week that was.” ” David Lat has this post at his “Original Jurisdiction” Substack site.
The state’s top court upheld fee-shifting of a contingent fee. Analogous logic could apply to the costs of litigation funding. The post Why A Delaware Supreme CourtDecision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding appeared first on Above the Law.
Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a North Carolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.
The US Eighth Circuit Court of Appeals declined Tuesday to rehear with the full Eighth Circuit panel of judges a prior appeals courtdecision curtailing private organizations’ ability to sue under section two of the Voting Rights Act for alleged racial gerrymandering in redistricting decisions.
“Supreme Court Signals That Landmark Libel Ruling Is Secure; Attacked by two justices, lower-court judges and litigants, the 1964 ruling in New York Times v.
However, it’s essential to understand that the kind of litigation paralegal role you choose will influence your job satisfaction. This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation.
Gaulkin & Esther Petrikovsky Last week, the Supreme Court issued a unanimous decision in FDA v. See our prior post on the Fifth Circuits decision here ). The Supreme Court overruled the Fifth Circuit, holding that FDA had not acted in an arbitrary and capricious manner. By Andrew J. Hull & David B. 23-1038 (Apr.
McGills brief argued that a jurisdictional problem (based on the courtsdecision in Badgerow v. It took Roberts 10 separate questions to elicit that admission! The most important thing I got out of the argument is that the justices seem highly motivated to decide the question presented.
Delaware Chancery Courtdecisions last week touched on foot powder litigation, an AMC settlement and in-person signage as damage control for a postponed hearing. New cases ranged from Amazon sales centers to a fibrosis drug.
The US Supreme Court granted certiorari in three new cases Wednesday, including two cases about compensation for student-athletes. The court consolidated the cases National Collegiate Athletic Association v. ” The court also granted certiorari in TransUnion LLC v. Alston and American Athletic Conference v.
The case is in the US District Court for the Central District of California. The judge based his ruling on the two-part test from the US Supreme Courtdecision last year in New York State Rifle and Pistol Association v. This is not the only litigation involving California gun laws.
Introduction On November 12, 2024, the Dutch Court of Appeal in The Hague issued its eagerly awaited appeals judgment in Milieudefensie (Friends of the Earth Netherlands) and others v. The district court had granted Milieudefensies claims for a reduction target of 45% by 2030, leading to Shells appeal in 2022. Royal Dutch Shell.
Last week, building electrification secured an important victory in the United States District Court for the Southern District of New York. This blog post discusses Local Law 154, unpacks Judge Abrams decision, and ends with a refresher on California Restaurant Association v. City of Berkeley ( Berkeley ).
The Muscogee (Creek) Nation filed a complaint in US federal court Wednesday against the city of Tulsa, Oklahoma, accusing the city of violating tribal sovereignty by writing tickets to tribal members for traffic violations committed within reservation boundaries. City of Tulsa.
In recent weeks, decisions of a US District Court judge in the Southern District of New York led to the suspension of service by the Internet streaming company Locast, which built its business on streaming local television stations generally without obtaining the consent of TV stations or the copyright holders in the programs they broadcast.
Liu was decided by the recently Beijing Internet Court. The court decides internet related cases using online tools. Although the court uses AI judges in some cases, this one was decided by humans. Robert Brauneis: Li v Liu Beijing Internet Court 20231127 with English Translation. Li sued for copyright infringement.
Litigants shouldn’t get to choose the judge who decides their case. Judge shopping, we’ve argued elsewhere , raises concerns about court bias and capture and can make litigation unnecessarily costly and inefficient. This is the second in a new series on venue transfer requests and mandamus at the Federal Circuit.
The fallout has led many companies to consider revising their DEI initiatives to stave off the threat of litigation, particularly concerning board diversity requirements. The post Supreme CourtDecision Complicates Diversity Disclosure Landscape appeared first on Intelligize.
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Last January, the Supreme Court refused to disturb an order by the U.S. That dispute is now back before the court. But the court did not specify exactly what history courts must look to.
Could prior Supreme Courtdecisions help eliminate uncertainties in the recall process? That’s an interesting question, because the only courtdecisions regarding a gubernatorial recall aren’t published in the official reports and their precedential effect is questionable. ” ( Kowis v. 4th 888, 891.)
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 CourtDecisions and Post-Brexit Implications in the Journal of Private International Law.
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent courtdecisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
Overturning a district court'sdecision that had earlier vacated the Medicare Advantage Overpayment Rule, the DC Circuit opened a Pandora's Box of DOJ False Claims Act litigation last week.
Hotels.com crisply resolved what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Justice Samuel Alito’s opinion for a unanimous court tells us the answer: the court that resolved the appeal decides, not the district court.
Angola’s Constitutional Court Thursday filed a final dismissal of The National Union for the Total Independence of Angola’s (UNITA) challenge to the nation’s August 24 presidential election results. ” . A parallel count by civic movement Mudei , which monitored the voting process, also showed UNITA slightly ahead.
Supreme Court'sdecision on Monday to take up a case about the reach of a Pennsylvania law could have a "seismic impact" on corporate litigation if the justices rule that a state can exercise jurisdiction over companies registered to do business there, legal experts told Law360.
Supreme Court ruling addressing states' jurisdiction over out-of-state companies and a key ruling in sprawling multidistrict litigation against Silicon Valley's biggest companies over social media addiction are among Law360's top personal injury and medical malpractice cases for 2023.
ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.” ” It recently published a request for public comments on the idea of a small claims patent court. patent litigation deters small- and medium-sized enterprises, including.
Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. Coinbase thinks that its user agreement forces the customers into arbitration, but the district court disagreed. Provident Consumer Discount Co. ,
This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District courtdecisions are not binding precedent because they are at the bottom.
Traditionally, when an agency institutes an administrative proceeding, the defendant waits until the end of the proceeding and then challenges the result in a federal appeals court, which applies a deferential standard of review limited to the record that the agency has produced. A proceeding that has already happened cannot be undone.”
On November 26, 2024, the Supreme Administrative Court of the Czech Republic dismissed the countrys first strategic climate case ( Klimatick aloba R v. The plaintiffs, partially successful in the first instance court (see here ), have already filed a constitutional complaint with the Czech Constitutional Court.
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.
In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). That decision overturned a lower courtdecision in favor of the Warhol Foundation.
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.
In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater. courts prior to the landmark U.S. Supreme Courtdecision in Bremen v Zapata Off-Shore Co. According to Art. The provision references Art.
Supreme Court'sdecision 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.
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