Ontario will be doing away with examinations for discovery in litigation.
Hurrah, because it is a waste of time and money in most cases. Let's get to trial ASAP, if the case cannot settle.
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#litigation
5 posts5 participants2 posts today
NY’s Court of Appeals sends a claim subject to a default judgment to arbitration because, although Uber failed to answer the complaint, it did update its terms of service and provided that its arbitration clause applies to pending claims.
#law #contracts #TermsOfService #Arbitration #Litigation #Uber
https://lawprofessors.typepad.com/contractsprof_blog/2025/04/ny-court-of-appeals-sends-claims-of-injured-uber-user-to-arbitration.html
From time to time, we bring you news from the world of COVID-related business interruption insurance claims (don’t tell my 18-year-old self that this is how I spend my time). They are rarely wins, and this one is a two-time loser.
Continued thread
A district court judge had blocked the #Education Dept from canceling more than 100 grants that funded 2 programs— #Teacher Quality Partnership & Supporting Effective Educator Development—while #litigation challenging the decision continued. Chief Justice #JohnRoberts & #SCOTUS’ 3 liberal justices said they would have denied #Trump’s request to intervene in the case.…
Remember when #Trump told people that they’d get tired of winning once he was in office? If you are a Trump Admin lawyer, it surely doesn’t feel that way. Based on the #litigation tracker compiled by #JustSecurity, the admin…has lost in 36 of 56 cases decided so far in the federal district courts & not yet subject to appellate rulings. It has lost in 10 of 15 cases that have been decided at the next level of review, the federal circuit courts of appeals.
#law #felon47
https://www.newyorker.com/news/the-lede/has-trumps-legal-strategy-backfired
The New Yorker · Has Trump’s Legal Strategy Backfired?
How the #Trump Admin Learned to Obscure the Truth in Court
This is a #litigation strategy born of the first travel ban.
The litigation over the govt’s summary #renditions of foreign nationals to an #ElSalvador prison, w/no #DueProcess of #law, is now at #SCOTUS’s door.
by @LeahLitman
#immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DualState #AbuseOfPower
https://www.theatlantic.com/politics/archive/2025/04/trump-travel-ban-lessons/682259/?gift=guxsrl_dAdXUP9zqbQPWxU-uei3SPa1aps8eltAX-44
The Atlantic · What Trump Learned From the First Travel Ban
Relying on recent SCOTUS precedent, 10th Circuit upholds ruling that a baked-goods distributor works in interstate commerce and is thus exempt from the Federal Arbitration Act and that allowing for state arbitration would be “inconsistent” with that act. Zounds.
Dua Lipa beats lawsuit claiming she copied the song Levitating from a 70s disco song
https://www.abc.net.au/news/2025-03-28/dua-lipa-law-suit-levitating-/105107390
#copyright #music #litigation
"A musical style, defined by plaintiffs as 'pop with a disco feel,' and a musical function, defined by plaintiffs to include 'entertainment and dancing'," cannot possibly be protectable," Justice Failla wrote.
To hold otherwise, she said, would "completely foreclose the further development of music in that genre or for that purpose."
ABC News · Dua Lipa beats lawsuit claiming she copied the song Levitating from a 70s disco song
Class action brought by textbook authors against McGraw Hill provides insights into the challenges of publishing in the digital age. Some breach of contract claims proceed as publishers push costs onto authors in the form of reduced royalty payments
Court denies motion to compel arbitration by the executive of modeling agency accused of trying to sex traffic a young model, in part because she was a minor when she signed the agreement with the arbitration clause.
Continued thread
The Trump Administration is thankful that SCOTUS has brought at end to the youth climate litigation https://www.justice.gov/opa/pr/justice-department-statement-juliana-case #SCOTUS #climate #litigation #youth #uslaw #uspol
www.justice.gov · Justice Department Statement on Juliana CaseThe U.S. Supreme Court denied a petition for certiorari by plaintiffs in Juliana v. United States, a case the Justice Department has consistently defended across three presidential administrations.
'The U.S. Supreme Court on Monday declined to hear a petition filed by young climate activists who argued that the federal government’s role in climate change violated their constitutional rights, ending a decadelong legal battle that saw many of the plaintiffs grow from children and teenagers into adults.
The landmark case was filed in 2015 by 21 plaintiffs, the youngest 8 years old. They claimed the U.S. government’s actions encouraging a fossil fuel economy violated their right to a life-sustaining climate.
The case — called Juliana v. United States after one of the activists, Kelsey Juliana — was challenged repeatedly by the Obama, Trump and Biden administrations, whose lawyers argued it sought to direct federal environmental and energy policies through the courts instead of the political process.
Julia Olson, chief legal counsel for Our Children’s Trust, the nonprofit law firm that represented the plaintiffs, said the impact of the lawsuit “cannot be measured by the finality of this case alone.”
“Juliana sparked a global youth-led movement for climate rights that continues to grow,” Olson said in a statement Monday. “It has empowered young people to demand their constitutional right to a safe climate and future. We’ve already secured important victories, and we will continue pushing forward.”'
https://apnews.com/article/supreme-court-youth-climate-lawsuit-b90f095046663da0e693b6f2fc46e71e
#SCOTUS #climate #litigation #youth #uslaw #uspol
Google-Backed Chatbot Platform Caught Hosting AI Impersonations of 14-Year-Old User Who Died by Suicide
Google continues to cause harm by funding garbage AI. The only way to stop them is through #legislation and #litigation.
They continue to allow myself and my family to be harmed by not protecting my #daughter after promising they had done so. THEY ARE LIARS.
Have you been harmed by them yet? Have your friends? Your students?
Who will Google and CharacterAI harm next?
These #techbro ghouls CANNOT be trusted. Help us stop them.
https://futurism.com/chatbot-impersonation-suicide
#Google #AI #tech #technology #law #endGoogle #characterai @law @sociology @edutooters @psychology @arstechnica @theguardian_us_technology
Futurism · Google-Backed Chatbot Platform Caught Hosting AI Impersonations of 14-Year-Old User Who Died by Suicide
'The Supreme Court on Monday rejected a lawsuit from Republican attorneys general in 19 states aimed at blocking climate change suits against the oil and gas industry from Democratic-led states.
The justices acted on an unusual Republican effort to file suit in the Supreme Court over the Democratic states’ use of their own state courts to sue fossil fuel companies for deceiving the public about the risks of their products contributing to climate change.
The Supreme Court typically hears only appeals, but the Constitution gives the court authority to hear original lawsuits states file against each other.
Justices Clarence Thomas and Samuel Alito said they would have allowed the lawsuit to proceed for now. The justices don’t have the discretion to reject the complaint at this stage, Thomas wrote in a dissent that did not deal with the merits of the claim.
The Republicans’ complaint, led by Alabama Attorney General Steve Marshall, asserts that the Democratic states are trying to dictate national energy policy and will drive up the cost of energy across the country.
The Supreme Court also has so far turned away appeals by the energy companies seeking to get the justices involved in the issue.
The lawsuits filed by dozens of state and local governments allege that fossil fuel companies misled the public about how their products could contribute to the climate crisis. The lawsuits claim billions of dollars of damage from such things as severe storms, wildfires and rising sea levels.' https://apnews.com/article/supreme-court-climate-change-state-lawsuits-d38a557894276083f94f47cae4127ddd #SCOTUS #Climate #litigation #misinformation #greenwashing
The Supreme Court of PA is hearing an appeal of a case invalidating Uber’s terms of service. Brett Frischmann has filed an amicus brief in support of the appellees, calling for meaningful informed consent to digital contracts.
#law #contracts #arbitration #litigation #Jury #Uber #TermsOfService
SLAPP - wear down and silence critics
"Strategic Lawsuits Against Public Participation (SLAPPs) are a tactic used by companies and wealthy individuals to weaponise the courts against those who stand up or speak out for the public interest. These lawsuits are not about justice—they are designed to intimidate, silence dissent, and suppress public debate."
https://www.hrlc.org.au/news/2024/10/31/anti-slapp-laws
"Greenpeace must pay hundreds of millions over Dakota pipeline protests, says jury.
Non-profit said in statement lawsuits like this aimed at ‘destroying the right to peaceful protest’"
"Legal sources have said the case is a classic example of a Slapp – a form of civil litigation increasingly deployed by corporations, politicians and wealthy individuals to deliberately wear down and silence critics including journalists, activists and watchdog groups. These cases, even when the entities suing lose, cause significant legal costs for defendants and can have a chilling effect."
https://www.theguardian.com/us-news/2025/mar/19/greenpeace-lawsuit-energy-transfer-dakota-pipeline
#PublicDebate #SLAPP #HumanRights #law #litigation #FossilFuels #water #StandingRock #ProtectProtest #environment
Human Rights Law Centre85 organisations call on Albanese Government protect community voices by introducing "anti-SLAPP" laws | Human Rights Law CentreThe Albanese Government is being urged to introduce new laws which would stop powerful corporations misusing Australia’s legal system to silence and intimidate community voices, by a coalition of 85 environmental, faith, community legal and human rights organisations.
Replied to ProPublica
"In a follow-up email, he said he was “pleading with you to remove the clause,” adding: “It is not an immaterial false statement, because it is designed to improve the govt’s posture in #litigation (to the detriment of the employees that we are terminating today).”
Because it was not true, he wrote, “That renders it, as I see it, an anticipatory #fraud on tribunals of jurisdiction over these employment actions.”
- @ProPublica
The govt typically has an advantage when defending its policies against #legal challenges. #Courts generally defer to the #ExecutiveBranch’s factual declarations & formal representations about what is happening & why, rather than probing for what may actually be going on.
But the flood of #litigation unleashed by the radical opening months of #Trump’s 2nd term — combined w/his habit of peddling distortions & outright #lies — is testing that practice.
#law
https://www.nytimes.com/2025/03/18/us/politics/trump-deportation-flights.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=p&pvid=39D301FF-9F97-4A01-A950-D592AA0A1E0A
The New York Times · Courts Defer to Executive Branch Factual Claims. Trump Complicates That.
Plaintiff tries to bring a class claim for mismanagement of ERISA funds. Defendant corporation moves for individual arbitration. Sixth Circuit says that whole point of ERISA is group claims, so arbitration provision with class action waiver is invalid.
#law #contracts #arbitration #litigation #ERISA #ClassActions
Climate litigation - Peruvian farmer takes Germany's RWE to court in landmark climate case https://www.reuters.com/sustainability/peruvian-farmer-takes-german-energy-giant-rwe-court-landmark-climate-case-2025-03-16/ #climate #litigation #Peru #Germany