The Fashion Law

NOVEMBER 23, 2021

On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a New York federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .

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SCOTUSBlog

FEBRUARY 26, 2024

Through the years, the Supreme Court has faced many cases in which state statutes have limited the activities of national banks, and it has held that the National Bank Act preempted many, though certainly not all, of those local enactments. Tuesday’s Cantero v.

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Strictly Business

FEBRUARY 28, 2018

However, New York takes a different approach. New York’s state securities statute, also known as the “Martin Act,” is unique among all other state securities statutes in that it generally does not regulate securities offerings but instead requires some issuers to be registered as “dealers” in their own securities.

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SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. The majority opinion in New York State Rifle & Pistol Association v. But the Texas statute, and the rationales set forth in English and Duke , are outliers.”

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ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v. By Michael Burger. Tomorrow, Thursday, May 24, Judge William H. BP P.L.C. , BP P.L.C. ,

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ClimateChange-ClimateLaw

AUGUST 31, 2021

Commonwealth , which used the state constitution’s Environmental Rights Amendment to invalidate a state statute that had prevented municipalities from barring hydraulic fracturing. The court therefore allowed the litigation to proceed. If the final plan falls short, some litigants may well invoke this amendment.

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SCOTUSBlog

FEBRUARY 21, 2024

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). The contract, like most American marine insurance contracts, called for the application of New York law.

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American Legal Net

JULY 8, 2021

Counsel and pro se litigants who are scheduled to argue will be expected to appear in person. Beginning Tuesday, July 6, 2021, the public counter located in Room 150 will be open to litigants and the public between 10:00 a.m. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov.

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SCOTUSBlog

OCTOBER 6, 2023

Since the 1950s, though, the Supreme Court has relied on state law to fill “gaps” in maritime law that lack any federal statute or controlling federal precedent. That contract, like many such contracts, selected federal admiralty law and, in the absence of any controlling federal law, the law of the State of New York.

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SCOTUSBlog

APRIL 25, 2025

Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting innocent sellers from liability. The justices will be discussing two of them for a second time. First up is The Hain Celestial Group, Inc.

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Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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Conflict of Laws

FEBRUARY 28, 2024

On February 20, 2024, the New York Court of Appeals handed down its opinion in Petr óleos de Venezuela S.A. The bondholders, represented by MUFG Union Bank, argued for New York law. In a victory for PDVSA, the New York Court of Appeals unanimously held that the validity of the bonds was governed by the law of Venezuela.

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York. Andrew Cuomo.

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The IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. They filed similar suits in Florida and New York contending that those states’ copyright laws required a similar result. Sirius XM Radio, Inc. ,

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ClimateChange-ClimateLaw

APRIL 18, 2023

Beyond Berkeley: Local Governments Have Building Electrification Options In enacting its ordinance, Berkeley relied on its police powers , or its authority to govern with respect to health and safety, to prohibit the extension of natural gas piping to new buildings. Clean Air Act, not EPCA.

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Broadcast Law Blog

JANUARY 27, 2023

ASCAP and BMI are currently negotiating with the RMLC on new rates for commercial broadcasters. As the statute was adopted before streaming was important, it was not covered in Section 118 of the Copyright Act. A $1 fee to cover all of this unaffiliated music was provided in the settlement agreements and in the proposed CRB rates.

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LawSites

MAY 4, 2023

There are also links along the far-left side to standard Lexis+ resources for legal research, brief analysis, litigation analytics, practice guidance and legal news. Lexis+ AI quickly delivered an answer, together with embedded citation links for related statutes, case opinions and practice guidance content.

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SCOTUSBlog

SEPTEMBER 29, 2023

One “friend of the court” brief filed in support of Pulsifer tells the justices that the lower court’s ruling “turns the statute on its head by foreclosing safety-valve relief for the vast majority of defendants to whom the statutory amendment might apply.” The case has drawn widespread interest. Raiders Retreat filed five counterclaims.

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Patently O

JANUARY 18, 2022

Even if you are not a litigator, you may still remember learning about the R.26(a)(1) 737 (1869), the Supreme Court was asked to opine on the level of specificity required by the statute. by Dennis Crouch. 26(a)(1) initial disclosures required at the start of a lawsuit. One example — old patent law. Allis , 76 U.S.

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JonathanTurley

OCTOBER 18, 2021

Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. The court will soon take up New York State Rifle & Pistol Association Inc. The new case concerns concealed-carry restrictions under N.Y. Penal Law § 400.00(2)(f)

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Fordham Law News

OCTOBER 2, 2023

New York is slated to join the growing movement against non-compete agreements. [1] 1] On June 20, 2023, the New York State Assembly passed A1278B, amending the state’s current labor law to prohibit non-compete agreements for workers. [2] 22] [1] New York’s Imminent Non-Compete Ban , Sidley Austin (Jun.

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FDA Law Blog

MARCH 21, 2024

Although much remains to be decided and industry is waiting for guidance from FDA related to some of these issues such as serious adverse event reporting, conference discussions all embraced the development of an appropriate internal company infrastructure to handle new requirements as part of a good faith display of compliance. By John W.M.

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SCOTUSBlog

APRIL 29, 2024

They described the question presented by the case as “critically important,” explaining that “RICO is a frequently litigated federal statute that imposes treble damages and attorneys’ fees.” “If Harp-Horn, who had worked with her husband, then quit her job, because she believed it was not safe to work without him.

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ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. Constitution.”

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ClimateChange-ClimateLaw

DECEMBER 15, 2023

While the SEC’s climate disclosure rules are pending, and will probably face litigation when final, regulations from other agencies and jurisdictions are likely to affect U.S. New York State – New York follows California’s revenue thresholds, however subsidiaries’ revenues are explicitly included in the count.

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Conflict of Laws

APRIL 22, 2023

This week a conference took place to honor Professor Linda Silberman at New York University (NYU). In my view, nothing in the academic world compares to taking the “international litigation” class with her. with Franco Ferrari) Civil Litigation in Comparative Context (West Academic Publishing 2d ed., 2017; 1st ed.,

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Intelligize Blog

FEBRUARY 15, 2024

The ruling led some experts to label Sarbanes-Oxley “…one of the most employee-friendly whistleblower-protection statutes in the nation.” Meanwhile, a new program spearheaded by the U.S.

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The Crime Report

DECEMBER 20, 2021

In the absence of oversight boards and civil litigation, criminal charges against prosecutors and ethics board disciplinary measures are the only means of incentivizing appropriate prosecutorial actions. New York State initiated this practice in 2017, and the requirement was added to the Federal Rules of Criminal Procedure in 2020.

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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

JANUARY 12, 2021

Barrett noted that under a variety of consumer-protection statutes, like the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act, statutory damages are relatively low, but courts may order defendants who are found liable to pay the plaintiff’s attorney’s fees.

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LawTechnologyToday

SEPTEMBER 1, 2021

Sometimes lawyers may even be out-savvied by pro se litigants, especially by the younger generation who are more comfortable appearing digitally and who have years of practice refining their appearance on YouTube, Facetime, or Snapchat. Attorneys are even forced to adapt or function at a slight disadvantage. About the Author. Nicholas A.

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The Fashion Law

SEPTEMBER 14, 2021

That is what counsel for Resurrect By Night (“RBN”) asserts in an entry of default filed last week, asking a New York federal court to enter a default judgment in its favor – and award it any further relief that the court “deems just and proper” – on the basis that Plein’s corporate entities PP Retail USA, LLC, Philipp Plein Americas, Inc.,

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SCOTUSBlog

JUNE 17, 2022

After a flurry of litigation, the Pennsylvania Supreme Court in late February voted 4-3 to impose a different map that would favor Democrats in 10 of 17 congressional districts. Suffolk County, New York. The state’s Democratic governor vetoed the map. In 2 U.S.C. § Torcivia v.

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InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

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At the Lectern

FEBRUARY 17, 2022

Superior Court is the latest chapter in high-profile litigation between the Dentons law firm and one of its former partners. It also concluded the plaintiffs could not seek declaratory relief under a state constitutional provision and Penal Code statutes that proscribe gambling. See here and here.)

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Conflict of Laws

FEBRUARY 22, 2024

It argued that these claims were not viable because the policy’s choice-of-law provision had designated New York as the governing law in the absence of applicable federal maritime law. Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. Raiders opposed this motion.

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Fordham Law News

APRIL 21, 2022

Since the onset of the COVID-19 pandemic, New York State’s legislative bodies have crafted new laws to help prevent tenants’ evictions. 4] Landlords sued New York State’s Chief Administrative Judge, County Sheriffs, and other officials throughout the state— challenging CEEFPA on constitutional grounds. [5]

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