Above The Law

OCTOBER 12, 2022

The post When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence appeared first on Above the Law. We could have avoided this whole issue if everyone became a vegan.

Litigation 107

Litigation Litigating Laws Statute 107

Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

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Litigation Litigating Tort Divorce 59

JURIST

FEBRUARY 22, 2023

The US Supreme Court Tuesday heard oral arguments in Gonzales v. The statute broadly shields online platforms from liability for content posted to the platform by its users. Instead, Stewart urged the the court to “distinguish carefully between liability for the content itself, [and] liability for statements about the content.”

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Court Statute Litigation Litigating 245

JURIST

MARCH 16, 2023

The North Dakota Supreme Court Thursday upheld a preliminary injunction on the state’s abortion ban while litigation on the matter proceeds. 31-12 , which went into effect after the US Supreme Court overturned Roe v. The post North Dakota Supreme Court upholds abortion ban injunction appeared first on JURIST - News.

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Court Felony Statute Litigation 197

SCOTUSBlog

JULY 1, 2024

Share The Supreme Court on Monday sent a pair of challenges to laws in Texas and Florida that would regulate how large social media companies control content posted on their sites back to the lower courts for another look. The court agreed to send the cases back to the U.S. Courts of Appeals for the 5th and 11th Circuits.

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Court Litigation Litigating Laws 136

JURIST

NOVEMBER 17, 2023

The US Supreme Court, in a split decision, issued a brief statement on Thursday refusing to reinstate a Florida law that targets drag shows. A lower court order previously prohibited the law from coming into effect. The post US Supreme Court refuses to reinstate a Florida law targeting drag shows appeared first on JURIST - News.

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Court Laws Misdemeanor Statute 239

Conflict of Laws

FEBRUARY 9, 2023

Summary provided by the author, Asif Efrat In a globalized world, legal cases that come before domestic courts are often transnational, that is, they involve foreign elements. Will the foreign court grant our citizen the due process and fair treatment they would have enjoyed at home? civil judgments in European courts, the U.S.-British

Litigation 52

Litigation Litigating Legal Legal 52

The IP Law Blog

NOVEMBER 17, 2022

In most instances, the courts have indicated that an employee’s home office is insufficient to establish venue absent the company ratifying that home office as a “regular and established place of business.” The district court disagreed with Monolithic and denied its motion. an employee’s home] to make it its own.”

Work From Home 98

Work From Home Litigation Litigating Statute 98

Mondaq

MAY 5, 2022

Court of Appeals for the Sixth Circuit addressed the application of the statute of limitations under the Comprehensive Environmental Response, Compensation, and Liability Act. On April 25, 2022, the U.S.

Statute 52

Statute Litigation Litigating Court 52

JURIST

MAY 23, 2022

The US Supreme Court Monday ruled 6-3 in Shinn v. Ramirez that “a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel.” However, [m]ake no mistake. However, [m]ake no mistake.

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Court Statute Litigation Litigating 211

SCOTUSBlog

OCTOBER 11, 2022

Share The Supreme Court on Tuesday heard the case of a Texas death-row inmate seeking DNA testing for evidence that he believes will clear him. A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late.

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Statute Construction Court Laws 129

Patently O

JANUARY 24, 2022

For those unfamiliar with how cases are assigned in district courts, let’s use the Western District of Texas as an example. Judge shopping is, shockingly, possible in a large portion of district courts across the land , not just in Texas. Let the arcana commence! Let’s talk about judicial assignment of patent cases.

Litigation 58

Litigation Litigating Court Statute 58

JURIST

JULY 6, 2024

The Hong Kong Court of Appeal (CA) refused on Friday to grant Jimmy Lai Chee Ying leave to appeal the lower court’s decision that the Committee for Safeguarding National Security of the Hong Kong SAR (NSC) is not amenable to judicial review.

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Court Immigration Litigation Litigating 104

The Crime Report

OCTOBER 11, 2022

The Supreme Court has agreed to hear the case of Rodney Reedy, a Black death row inmate seeking post-conviction DNA evidence to prove his innocence, reports Ariane de Vogue for CNN. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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Court Statute Court Rules Litigation 121

JURIST

SEPTEMBER 9, 2021

The US Court of Appeals for the Seventh Circuit issued an opinion on Wednesday setting aside the District Court for the Southern District of Indiana’s ruling that several Indiana abortion restrictions from Indiana Code Section 16-34-2-1 were unconstitutional.

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Court Statute Litigation Litigating 197

SCOTUSBlog

DECEMBER 1, 2022

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

Statute 101

Statute Stare Decisis Government Court 101

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

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SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Court of Appeals for the District of Columbia Circuit.)

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Court Statute Cause of Action Legal 145

JURIST

MARCH 24, 2022

The US Supreme Court Wednesday heard oral arguments in ZF Automotive US, Inc. a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. ” The federal district court granted Luxshare’s application, and subpoenas were sent to ZF senior officers.

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Court Statute Government Litigation 193

At the Lectern

FEBRUARY 2, 2024

At Wednesday’s Supreme Court’s conference , there was a straight grant , the first since December 20. Statute of limitations. The court granted a pro per’s petition for review in Escamilla v. The court granted a pro per’s petition for review in Escamilla v. Superior Court (Rawlins).

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Statute Attorney Court Litigation 45

SCOTUSBlog

NOVEMBER 8, 2021

Share The Supreme Court heard oral argument on Monday in Federal Bureau of Investigation v. The question before the court is whether the case should be dismissed under the “state secrets” privilege, or whether – as the U.S. and a Supreme Court justice.

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Statute Government Litigation Litigating 123

JURIST

NOVEMBER 8, 2021

The United States Supreme Court heard oral arguments Monday in Federal Bureau of Investigation v. This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security. Fazaga and Unicolors, Inc. H&M Hennese & Mauritz.

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Court Manufacturing Statute Litigation 197

SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Two decades into his prison term, the Supreme Court decided in Rehaif v. 922(g) and sentenced to more than 27 years’ incarceration. In 1948, Congress passed 28 U.S.C.

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Statute Government Court Felony 94

Law 360

JULY 19, 2023

State and federal courts have handed down rulings in Illinois cases so far this year that have altered the legal landscape for biometric privacy claims in the state, opened up an area of uncertainty for False Claims Act litigants and upheld a state statute tacking 6% prejudgment interest onto personal injury and wrongful death verdicts.

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Personal Injury Statute Litigation Litigating 98

Paralegal Bootcamp

OCTOBER 16, 2023

The courses in legal research and writing equipped me with the ability to efficiently locate and analyze relevant statutes, regulations, and case law. Understanding Legal Procedures I was exposed to multiple areas of law such as Civil Litigation, Criminal Law, Business law, etc., This is what you’ve been looking for!

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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Statute Cause of Action Court Contract 98

Law 360

FEBRUARY 29, 2024

The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.

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Statute Court Litigation Litigating 40

JURIST

NOVEMBER 6, 2021

As of date, in the absence of a separate statute, Section 89 of the Civil Procedure Code , as well as the rules framed by several high courts under that section, govern mediation in India. The draft bill considers the international practice of referring to ‘conciliation’ and ‘mediation’ as interchangeable words.

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Drafting Government Laws Litigation 248

SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., In Shoop v.

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Statute Court Rules Court Litigation 96

Patently O

AUGUST 25, 2024

The court vacated and remanded a fee award by Colorado Judge Brooke Jackson, finding that Judge Jackson abused her discretion when determining that the case was “exceptional” under the statute. million fee for seven months of pre-trial litigation — with the defendant on eligibility at the summary judgment stage.

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Litigation Litigating Attorney Statute 48

Patently O

JUNE 26, 2024

by Dennis Crouch The Federal Circuit recently denied a petition for mandamus seeking to overturn a district court order transferring a patent case from the Western District of Texas to the Northern District of California. The statute at issue 28 U.S.C. The administrative difficulties flowing from court congestion 2. 3d 1194(Fed.

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Litigation Litigating Construction Court 40

Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. After the Court’s decision in Corner Post v.

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Stare Decisis Administrative Law Construction Laws 51

Law 360

JANUARY 1, 2024

One of the biggest players in Illinois politics faces a criminal racketeering trial, a host of lawsuits filed under a decades-old genetic information privacy law will advance and the state's high court is expected to further weigh in on insurance coverage for litigation under the state's biometric privacy statute in some of the Illinois cases to watch (..)

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Statute Litigation Litigating Court 73

Paralegal Bootcamp

NOVEMBER 4, 2022

But what do you do when your first day starts with 60 active pre-litigation files assigned to you? Even if you’re in a different practice area, some of these will also apply to you, whether in personal injury, real estate, or commercial litigation. . 3 – Know the Litigation Process. Or maybe you transferred from another firm.

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Personal Injury Paralegal Paralegals Paralegal Jobs 246

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue. patent can be challenged in the Patent and Trademark Office (PTO).

Litigation 98

Litigation Litigating Statute Court 98

Day on Torts

AUGUST 5, 2024

During the course of that litigation, plaintiff grew unhappy with defendants’ actions on his behalf. The trial court dismissed the legal malpractice action based on the statute of limitations, and the Court of Appeals affirmed dismissal. Continue reading

Legal 52

Legal Legal Statute Litigation 52

SCOTUSBlog

APRIL 20, 2023

Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order authorizing a sale of the bankrupt’s assets. Now we get to the issue before the court.

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Court Rules Court Statute Litigation 89