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1] He is also an adjunct professor at American University Washington College of Law. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5]
At its last conference, it granted review of a one-time relist asking whether federal courts must follow state law requiring medical malpractice claims to be supported by an expert affidavit. Oklahoma , which the court had decided to review and was then in the briefing process. New Relists Escobar v. Relisted after the Jan.
Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S.
Brownback , involving whether the Federal Tort Claims Act’s “judgment bar,” which bars any claim based on the same subject matter as a dismissed FTCA case, applies when both the actions were originally brought together. The Supreme Court did not grant review in any new cases since our last installment. ” (relisted after the Sept.
There is a no stand-your-ground case out of Oklahoma where Alexander Feaster, 46 is claiming that he shot Kyndal McVey, 27, in the back while she ran away as an act of self-defense. They argue that his Nazi flags are protected First Amendment speech and that he had a right to defend himself under the law.
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 Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.
Roughly 200 human rights organizations are asking the United Nations to declare that the United States is a violator of “international human rights law” because some states have passed pro-life laws after the Supreme Court’s Dobbs decision. … We Americans have a method for making the laws that are over us.
The question is not whether the jury got the law right but whether the law itself is wrong in its vague criteria. The question is whether justice is truly served by applying criminal laws to acts of negligence by officers in these cases. There is a tendency to treat criminal law as the only way to address fatal tragedies.
The court also declined without comment to take up two other petitions , seeking review of a ruling by a federal appeals court that invalidated on First Amendment grounds a North Carolina law that allows employers to sue employees who make undercover video or audio recordings. relisted after the Sept. 13 conferences) Tingley v.
Abbott , involving a challenge to the use of nonmutual offensive collateral estoppel to hold that issues resolved in bellwether tort trials bind the defendant in later cases. The court finally denied review on Nov. 20 in six-time relist E.I. du Pont de Nemours & Co. Remarkably, six petitions still remain from the long conference.
The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act. Nelson ,…517 U.S. Yes, the statute really does have a full cite to the opinion in it.
The states also allege that suits involving the interstate effects of pollution are exclusively governed by federal common law and belong in federal court to avoid the risk of inconsistent judgments. Relisted after the Jan. 10 and Jan. 17 conferences.)
But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. They argued that the law was unconstitutional because it delegated federal power to a private company a concept known as the private nondelegation doctrine. The en banc 4th Circuit upheld the law.
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