SCOTUSBlog

OCTOBER 11, 2022

Representing Reed, lawyer Parker Rider-Longmaid told the justices that the statute of limitations began to run at the end of the state-court litigation denying Reed’s request for DNA testing – in this case, when the TCCA denied rehearing. Constitution” to Reed. Several justices did not clearly tip their hands.

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SCOTUSBlog

MARCH 29, 2023

United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. Sotomayor wrote that jurisdictional rules “have a unique potential to disrupt the orderly course of litigation.”

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Statute Court Litigation Litigating 105

Attorney at Work

MAY 31, 2022

The statute of limitations ran out due to his forgetting the deadline. These include statutes of limitation for filing a case, deadlines for filing motions, preparing for hearings, producing documents in litigation discovery or responding to a summary judgment. The firm had filed a voluntary dismissal back in 2014.

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SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle.

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Litigation Litigating Tort Statute 117

JURIST

FEBRUARY 22, 2023

” The statute at issue before the court is Title 47, section 230(c) of the US Code , which was originally passed under section 230 of the Communications Decency Act. The statute broadly shields online platforms from liability for content posted to the platform by its users.

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Court Statute Litigation Litigating 245

LegalReader

JULY 7, 2021

While the standard statute of limitations for personal injury cases in Florida is four years, certain factors can extend the deadline or effectively pause the timer.

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Personal Injury Statute Personal Injury Attorney Personal Injury Lawyer 105

Paralegal Bootcamp

AUGUST 5, 2021

Know the Statute of Limitations Period. The statute of limitations is a time limit on a particular cause of action. If the law firm accepted the case before the statute of limitations period expired, it could result in a finding of legal malpractice. Know the Litigation Process. initial intake).

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Personal Injury Paralegals Paralegal Law Firms 246

Paralegal Bootcamp

AUGUST 26, 2022

If you’re like I was when I was working for a big commercial litigation firm, I assumed that since the public called personal injury attorneys the “ambulance chasers,” then personal injury paralegals were paralegals who worked for the ambulance chasers, and I never really thought much about it. Listen to the podcast episode.

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Personal Injury Paralegals Paralegal Litigation 246

SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If

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Statute Government Court Felony 105

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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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?

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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 Paralegals Paralegal Paralegal Jobs 246

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.,

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JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. Several of the companies have declined to comment on the pending litigation.

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Tort Statute Legal Legal 239

Above The Law

JANUARY 28, 2025

Considering the importance of settlement to patent cases, you would think that law firms would invest as much into training their less experienced attorneys on the set of skills necessary to achieve good client outcomes at settlement as they do in training up-and-coming litigators on how to take a deposition, for example. Settlement training?

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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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SCOTUSBlog

JANUARY 14, 2025

It took Roberts 10 separate questions to elicit that admission! The main substantive debate in which the justices engaged was whether the voluntary dismissal of the original case was the kind of final proceeding to which Rule 60(b) would apply.

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JURIST

DECEMBER 19, 2024

.” In August 2023, the First Judicial District Court found that the right to a clean and healthful environment “includes climate as part of the environmental life-support system,” that the plaintiffs had legal standing, and that two Montana statutes were unconstitutional.

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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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Paralegals Paralegal Paralegal Studies Legal Research 264

JURIST

MAY 23, 2022

.'” Additionally, Thomas wrote “[p]ermitting federal fact-finding would encourage yet more federal litigation of defaulted claims.” ” Further, she stated that the court’s holding is compelled by statute. However, [m]ake no mistake.

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Court Statute Litigation Litigating 211

SCOTUSBlog

MARCH 17, 2023

Ordinarily in these cases, the customer files a lawsuit (often, as here, a class action), and the business immediately files a motion asking the court to stay litigation and refer the matter to arbitration. The case before the justices arises from two separate disputes with Coinbase. Its argument is simple and linear.

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Litigation Litigating Court Statute 98

SCOTUSBlog

MARCH 22, 2023

The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. She explained: “I follow the Federal Rules of Civil Procedure and the statute that tells me to look there.” Two points were central for them.

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Litigation Litigating Court Statute 97

Law 360

MARCH 5, 2025

In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein (..)

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Litigation Litigating Statute Attorney 52

JURIST

JANUARY 23, 2023

billion settlement to conclude a 325-member class litigation launched by Indigenous Canadians affected by the country’s condemned residential school program, which sent 150,000 children into 139 residential schools from the late 1800s to the 1990s. The Canadian government Saturday announced a $2.8

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The IP Law Blog

NOVEMBER 17, 2022

As a result, the Federal Circuit was not persuaded the “venue ruling implicates a ‘basic, unsettled, recurring legal issue [] over which there is considerable litigation producing disparate results,’ or similar circumstances that might warrant mandamus.”

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JURIST

NOVEMBER 17, 2023

While the case appeared before the court on a First Amendment challenge, the justices argued the central issue actually dealt with “the general question of whether a district court may enjoin a government from enforcing a law against non-parties to the litigation.” ” The case at issue , Griffen v.

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JURIST

MARCH 24, 2022

a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. The US Supreme Court Wednesday heard oral arguments in ZF Automotive US, Inc. Luxshare, Ltd. , In August 2017, Luxshare, Ltd. Luxshare) purchased business units from ZF Automotive US, Inc. (ZF)

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JURIST

NOVEMBER 8, 2021

This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security. The statute requires that district courts ask the Register of Copyrights to assess whether the copyright would have been granted if the Register was aware the information was inaccurate.

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The Crime Report

OCTOBER 11, 2022

Reed’s case raises a statute of limitations question about whether such a claim can be brought at the end of state court litigation or at the moment a trial court denied DNA testing. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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Law 360

JULY 8, 2024

Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.

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SCOTUSBlog

JANUARY 18, 2021

One ground was a law known as the “ federal officer removal statute ,” which allows the removal to federal court of lawsuits filed in state court against “any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office.”

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Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. ” This argument misunderstands the way in which statutes of limitations generally work. 663 (2014).

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Statute Cause of Action Court Litigation 124

Attorney at Work

FEBRUARY 9, 2022

Litigation for auto dealers in Detroit, corporate work for dentists in Chicago, and estate planning work for young families in Charlotte are all multimillion-dollar niche opportunities. Is less stressful because you know the basics (the procedures, the statutes) cold. The Benefits of Having a Niche Practice. This is scarcity thinking.

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Laws Lawyers Lawyer Statute 288

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 Litigating Litigation 98

Above The Law

MARCH 5, 2025

(Photo by Bill O’Leary/The Washington Post via Getty Images) One of the quickest lessons you pick up in law school is that the path to knowing the law doesn’t end at finding a line in the Constitution or a statute and reading it aloud to anyone who would hear it. Court of Appeals for the Eleventh Circuit, Alana C.

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Patently O

JULY 17, 2024

Because the patent claimed an apparatus, VDPP and its licensees were required to comply with the marking statute to recover pre-suit damages, regardless of whether VDPP asserted infringement of only the apparatus claims or the system claims as well. The ‘452 patent included both system and apparatus claims. ” Id. ” Id.

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ClimateChange-ClimateLaw

AUGUST 13, 2024

As we explain, the new law aims to uphold the rights of indigenous peoples and rural communities in Peru, mitigate inequalities, and bolster their defense in climate-related litigation. This innovative legal paradigm introduces a reinvigorated instrument within the domain of climate litigation.

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