Justia Legal Marketing & Technology blog
DECEMBER 13, 2023
If they can prove that the defendant acted negligently , an investor may recover damages for their losses. This generally means that the defendant breached a duty that they owed to the investor, which caused them to lose money or miss out on profits. Other federal laws regulate mortgage lending when a consumer purchases a home.
Eric Goldman
NOVEMBER 2, 2023
The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection. ” The court cites Force v. Massachusetts should fix that.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Eric Goldman
JUNE 23, 2023
Fyk’s alleged injury has no connection whatsoever to any conduct by the United States, the only defendant in this lawsuit. That the CDA is a federal law does not mean Mr. Fyk can bring a claim against the United States government; preventing such a flood of lawsuits is at the core of standing doctrine. That is the problem.
The Barrister
APRIL 24, 2024
Here, federal court defers to the administrative agency’s permissible construction of the statute. [5] Factual Background Loper and Relentless challenged the applicability of Chevron in a case surrounding enforcement of federal observers on commercial fishing vessels. Relentless and Loper Cases A.
Eric Goldman
FEBRUARY 7, 2024
It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” That was an obviously problematic conclusion.
Justia Legal Marketing & Technology blog
FEBRUARY 17, 2023
When this happens, parents could hold a defendant liable by proving that they were negligent. Although school buses are generally safe, parents may have claims against the driver of the bus and their employer, among other defendants, when an accident occurs. This means that their failure to use reasonable care harmed the child.
Debevoise Data Blog
JULY 13, 2021
between (i) a plaintiff’s statutory cause of action to sue a defendant over the defendant’s violation of federal law and (ii) a plaintiff’s suffering concrete harm because of the defendant’s violation of federal law.” The Supreme Court identified “an importance difference.
Expert insights. Personalized for you.
86 
Let's personalize your content