Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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SCOTUSBlog

APRIL 21, 2023

RICO statute; Yegiazaryan’s alleged RICO crimes were committed to prevent Smagin from enforcing a British arbitration award in the United States. Background To understand the claims before the court, it is helpful to review the byzantine factual and procedural history of this litigation. ” The U.S. ” The U.S.

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Court Statute Real Estate Litigating 101

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. Father Marian Pieczonka alleged in his complaint that his young daughter Natalie was at the park in Gurnee, Illinois for the Halloween-themed Fright Fest when a park employee dressed in costume jumped out of a port-a-potty and shot her with a squirt gun. 32; 285 S.W. 455 (1926). “A

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JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. The product-liability tort gives companies an incentive to minimize risks while empowering litigants to seek redress for injuries. Yet it leaves the matter far from resolved. In Chicago v.

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Patently O

FEBRUARY 23, 2023

University of Illinois Foundation (1971), the Supreme Court held that a judgment of invalidity in a suit against one infringer accrues to the benefit of any other accused infringer unless the patent owner shows that he did not have a fair opportunity procedurally, substantively and evidentially to pursue his patent claim the first time.

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SCOTUSBlog

OCTOBER 5, 2023

Abbott involves a long-running series of multi-district litigation cases arising from du Pont’s government-permitted releases of chemicals from one of its plants; because the claims of harm from exposure were varied, the cases proceeded through multidistrict litigation rather than as part of a class action. relisted after the Sept.

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Broadcast Law Blog

JULY 25, 2017

Through litigation, certain copyright holders (including, most notably, Flo and Eddie of the 1960’s band The Turtles) have been seeking compensation from digital and analog music services for the public performance of pre-1972 sound recordings. But that law stops short of full Federalization of pre-1972 sound recordings.

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Broadcast Law Blog

OCTOBER 27, 2017

Georgia and Illinois have reached similar decisions in slightly different cases (see our article here on the Georgia decision). As the Florida Supreme Court noted, the case in California is slightly different as there is a California statute that creates some sort of undefined property right in pre-1972 sound recordings.

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SCOTUSBlog

NOVEMBER 1, 2024

In 2022, the Illinois city of Carbondale adopted its own ordinance. In Englewood, local resident Jeryl Turco has been litigating against her city’s regulation for nearly a decade, arguing that it frustrates her ability to share her religious opposition to abortion with patients entering the downtown abortion clinic. And the U.S.

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LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. The Autonomy acquisition turned into a fiasco for HP due to alleged accounting improprieties by Autonomy, resulting in both litigation and a write-down of nearly $8.8

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SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. This week’s relists are a real grab bag of issues.

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LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. The Autonomy acquisition turned into a fiasco for HP due to alleged accounting improprieties by Autonomy, resulting in both litigation and a write-down of nearly $8.8

Legal 52

Legal Legal Legal Services Technology 52

SCOTUSBlog

NOVEMBER 15, 2023

Prentice , involving an Illinois prisoner’s claim that his nearly three-year term of solitary confinement constituted cruel and unusual punishment prohibited by the Eighth Amendment. The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe.

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SCOTUSBlog

JUNE 20, 2024

But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. Raoul , 23-879 Issue : Whether Illinois’ sweeping ban on common and long-lawful arms violates the Second Amendment. Dewberry Engineers sued, asserting trademark claims under the Lanham Act.

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SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. Maryland and Napue v. relisted after the Sept. 13 and Oct 27 conferences) Payne v.

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SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. In government-facing litigation, the government’s petition in Becerra v. Cummings v.

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SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Chevron deference? 26 and Oct.

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Laws Court Personal Injury Tort 88

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. Father Marian Pieczonka alleged in his complaint that his young daughter Natalie was at the park in Gurnee, Illinois for the Halloween-themed Fright Fest when a park employee dressed in costume jumped out of a port-a-potty and shot her with a squirt gun. Illinois 47 Ill.

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SCOTUSBlog

MAY 28, 2024

The justices did not act on two sets of high-profile petitions that they considered last week: a group of challenges to bans imposed by Illinois and several municipalities in that state on assault weapons and high-capacity magazines, as well as challenges to bans on gender-affirming care for minors in Tennessee and Kentucky.

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SCOTUSBlog

MARCH 16, 2023

Doe (who eventually traveled to Illinois and obtained a judicial bypass and an abortion there) then sued, alleging that her constitutional rights had been violated. Doe also argues that the fact that she is an adult has no relevance, because she sought nominal damages for her past injury that prevented the case from becoming moot.

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ClimateChange-ClimateLaw

MARCH 6, 2018

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. CLIMATE LITIGATION CHART. and non-U.S.

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ClimateChange-ClimateLaw

JULY 2, 2021

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. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 147.

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ClimateChange-ClimateLaw

MAY 7, 2021

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. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. and non-U.S.

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SCOTUSBlog

MAY 24, 2024

Assault weapons In early 2023, Illinois adopted the Protect Illinois Communities Act, which prohibits the possession of assault weapons and high-capacity magazines. Several Illinois municipalities adopted similar legislation. City of Naperville, Illinois , Langley v. In a consolidated appeal, a divided panel of the U.S.

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SCOTUSBlog

OCTOBER 7, 2022

In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution of other litigation, pending or future, related to” the rule. This week, we highlight cert petitions that ask the court to consider, among other things, the ongoing public charge litigation. Cook County, Illinois.

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SCOTUSBlog

JANUARY 21, 2021

Cook County, Illinois , 20-450 , involve the Trump administration’s “public charge rule.” And in the process, petitioners seek to determine once and for all the maximum number of times a litigant can use em-dashes in their questions presented : seven. Cook County, Illinois , 20-450. I am not involved in the case.]. Scarnati v.

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