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We attended the courtroom at the Supreme Court of Canada (SCC) in Ottawa last Tuesday and Wednesday to hear oral arguments in Ahluwalia v Ahluwalia. Cases come to Canadas top court in several ways : by leave, by automatic right, or by reference. The case was heard by the Supreme Court over two days.
In 2020, the Arizona Supreme Court established its Alternative Business Structure (ABS) program which allows nonlawyers to have an economic interest or decision making authority in a law firm. The report claims that this is partially attributable due to the existing ethics rules.
The US Supreme Court Monday held by a 7-2 vote in Gallardo v. The court’s ruling says that states can be reimbursed for these expenses if a settlement is made between the injured and liable parties. The Court’s holding is inconsistent with the structure of the Medicaid program and will cause needless unfairness and disruption.
The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The case which the Supreme Court decided was Nestlé USA, Inc. Doe I, consolidated with Cargill, Inc.
In a case about the demise of a family business, the Court of Appeals reversed trial court rulings for the plaintiff on tort claims of intentional interference with business relationships and conversion. The trial court credited the plaintiffs testimony that the brothers had an oral agreement. In Grubb v. Grubb , No.
The Tokyo District Court ordered the dissolution of the Japanese branch of the Unification Church, colloquially known as “moonies”, following an inquest from the Ministry of Education, Culture, Sports, Science and Technology into alleged violations of the Japanese Civil Code and Religious Corporations Act, according to local media.
The US Supreme Court Monday heard oral arguments for Gallardo v. ” The court agreed to hear this case in July 2021. ” The court agreed to hear this case in July 2021. The parties’ lawyers argued their respective points before the Supreme Court for over an hour on Monday.
The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. King appealed the dismissal of his Bivens claims.
The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state.
The US Court of Appeals for the Fifth Circuit on Tuesday became the first US appeals court to propose a new rule requiring lawyers to certify that they either did not use generative artificial intelligence (AI) programs, like Chat GPT, to draft filings or that humans reviewed AI-generated material.
The US Supreme Court Wednesday made it harder to individually sue federal agents who violate constitutional rights. In a 6-3 decision the court limited the use of the 1971 case Bivens v. The court denied that the Constitution allows any inherent right to sue the agent. Six Unknown Named Agents to establish grounds for a lawsuit.
Bankruptcy Court for the Southern District of Texas at this link. And Dietrich Knauth of Reuters reports that “ US judge rejects J&J’s $10 billion baby powder settlement.” ” You can access yesterday’s ruling of the U.S.
Supreme Court are top judicial hellholes, a tort reform group says. ‘Whenever there is a result holding accountable a corporate wrongdoer, that jurisdiction becomes a hellhole,’ Thomas Kline said of the report by the American Tort Reform Foundation.” “Philly and the Pa. Trial attorneys arent happy.
The US Court of Appeals for the District of Columbia Circuit on Friday upheld the dismissal of Alexander Khochinsky’s suit against Poland for seeking his extradition over his possession of a painting allegedly taken from Poland by Nazi troops.
The US Supreme Court Thursday released the list of oral arguments it will hear during the January 2023 session. The court will hear seven arguments in a session that begins on January 9, 2023. The court will first hear arguments in the cases of In re Grand Jury and Ohio Adjutant General’s Department v.
The UK Supreme Court Wednesday held that a person under criminal investigation has a “reasonable expectation of privacy” with regard to information about that investigation prior to being charged. Claiming a tort of misuse of private information, ZXC sought damages and injunctive relief against Bloomberg.
Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” Court of Appeals for the Seventh Circuit. Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” ” Alison Frankel’s “On the Case’ from Reuters has this post about an amicus brief filed Monday in the U.S.
“Merck shingles vaccine appeal will test controversial mass torts case management tool”: Alison Frankel’s “On the Case” from Reuters has this post about an appeal that I will be arguing on behalf of the plaintiffs-appellants before a three-judge panel of the U.S.
Courts Tie for No. You can access the American Tort Reform Foundation’s 2023/2024 Judicial Hellholes Report at this link. You can access the American Tort Reform Foundation’s 2023/2024 Judicial Hellholes Report at this link. Courts Tie for No. “‘Nuclear Verdicts’ Again Cited as Ga.,
“Justices Lean Toward Insurer in Asbestos Bankruptcy Dispute; Court is considering when insurers have standing in bankruptcy; Insurer questions raised in context of mass torts”: Evan Ochsner of Bloomberg Law has this report.
The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. In February, the United States Court of Appeals for the Fourth Circuit ruled the statute was an unconstitutional limitation of First Amendment rights.
“In its new ‘Hellholes’ report, tort reform group says forum shopping is real”: Alison Frankel’s “On the Case” from Reuters has this post , which mentions a decision the Pa. Supreme Court issued on the day before Thanksgiving in a case in which I serve as appellate counsel for plaintiffs.
The US Supreme Court held Thursday that a local union must litigate a property damage dispute in state court, as opposed to appearing before the National Labor Relations Board (NLRB). The court held that the NLRA’s protection of the right to strike is not absolute. In Glacier Northwest v.
The US Court of Appeals for the Third Circuit Monday ruled against Johnson and Johnson’s (J&J) attempt to resolve its multi-billion dollar litigation over claims that its talcum-based powders were carcinogenic. The decision reversed an early Bankruptcy Court order in favor of J&J.
“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”: Laura Hancock of The Cleveland Plain Dealer has this report. The Supreme Court of Ohio has posted online the video of yesterday’s oral argument at this link.
“Purdue Pharma’s Bankruptcy Heads to the Supreme Court; A 40-year-old strategy for dealing with mass torts may end up needing a new look from Congress”: Law professor David Skeel will have this op-ed in Monday’s edition of The Wall Street Journal.
Justices For Tort Law Shake-Up”: Matt Fair of Law360 has this report (subscription required for access) on the brief for appellant that I filed on my client’s behalf yesterday in the Supreme Court of Pennsylvania. Court of Appeals for the Third Circuit , can be accessed here and here.
The "eggshell plaintiff" or "eggshell skull" doctrine generally "holds that holds that a defendants liability in a tort claim is not mitigated by a plaintiffs unforeseeable, pre-existing susceptibility to injury." Last February, I did a blog post about the Court.
“J&J Allies With Mass-Tort Specialists to Seal $8 Billion Talc Settlement; Votes from the weakest talc claims against Johnson & Johnson could help the company end mass cancer lawsuits in bankruptcy court”: Andrew Scurria, Erin Mulvaney, and Alexander Gladstone of The Wall Street Journal have this report.
The European Court of Human Rights (ECHR) held Thursday that the Civil Chamber of Poland’s Supreme Court composition lacks impartiality and independence, violating a company’s right to a proper hearing. The court further determined that the decision had been given in breach of domestic law. In Advance Pharma Sp.
Among other things, Florida’s heavy reliance on the unadorned reference to “medical expenses” implies that the state can take a tort settlement directed at medical expenses, not only if they are future medical expenses that the state has not yet paid (and might never pay), but even if they are medical expenses not covered by Medicaid.
Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims. The post Justices validate states’ right to take tort recoveries from Medicaid beneficiaries appeared first on SCOTUSblog.
Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. “Divided Pa. The post “Divided Pa.
Courts in Georgia and Pennsylvania are named as top "judicial hellholes" for their friendliness to tort plaintiffs in a report by the American Tort Reform…
Glacier sued the union in state court for “tortious destruction” of its property – the spoiled concrete. The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute even arguably covered by NLRA under Garmon.
Artificial intelligence programs are making inroads in the legal field, showing proficiency in two sections of a practice bar exam and getting used for the…
A Constitution Bench of the India Supreme Court Tuesday ruled that fundamental rights under Articles 19 and 21 of the India Constitution are enforceable against even private individuals and entities. Article 19 pertains to freedom of speech rights while Article 21 has to do with life and liberty under the process of law.
Share The Supreme Court will weigh in on whether a Georgia family whose home was mistakenly raided by an FBI SWAT team can sue the federal government for the error. 24 conference, and three days after they granted three cases from that conference, the court issued a new order granting review in Martin v.
“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. Court of Appeals for the Ninth Circuit issued last Thursday. The post “‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. ” appeared first on How Appealing.
The post Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job appeared first on Above the Law. Bold strategy, Cotton!
The US Supreme Court Monday declined a petition for a writ of certiorari filed by Black Lives Matter organizer DeRay Mckesson, effectively allowing him to be sued by a Louisiana police officer for negligence. ” Both the district court and the Fifth Circuit looked to NAACP v. The case at bar, DeRay Mckesson v.
The UK Supreme Court ruled Wednesday that a Guantanamo Bay prisoner held by the US can bring a claim in the English and Welsh courts against UK authorities. The preliminary issue for the courts in this case was which law applied to the torts allegedly committed while Zubaydah was being held in these six countries.
Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
While the recent bankruptcies of Johnson & Johnson, Purdue Pharma and Boy Scouts of America have sparked debate about whether bankruptcy court is the best venue for resolving mass tort claims, bankruptcy's structural, procedural and substantive benefits make it a superior choice over multidistrict litigation, says Samir Parikh at Lewis & Clark Law (..)
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