News & Analysis as of

Exhaustion Doctrine

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

Lowenstein Sandler LLP

Sometimes You Have to Sweat the Small Stuff: Technicality Renders $10M Excess Policy Valueless

For nearly 100 years, courts across the country have followed the established majority view that an excess insurer may not avoid its coverage obligation by imposing technical requirements on the manner in which underlying...more

Manatt, Phelps & Phillips, LLP

Wit Redux—Again: Ninth Circuit Again Supersedes Its Prior Opinion in Landmark Mental Health Case

Editor’s Note: In the article below, Manatt discusses the Ninth Circuit’s new opinion in the ongoing Wit v. United Behavioral Health litigation and the changes from the now-vacated January 2023 Wit decision. ...more

Shearman & Sterling LLP

The United States Supreme Court Unanimously Holds That Litigants Can Appeal A “Purely Legal” Issue Resolved At Summary Judgment...

On May 25, 2023, the United States Supreme Court unanimously held that a post-trial motion under Federal Rule of Civil Procedure (“FRCP”) 50(b) is not required to preserve appellate review of a purely legal issue resolved at...more

Jones, Skelton & Hochuli, P.L.C.

United States Supreme Court Holds That Pure Legal Issues Do Not Need To Be Renewed In Post-Trial Motion To Preserve Argument On...

Last week, the United States Supreme Court held that pure legal issues do not need to be renewed in a post-trial motion to preserve the argument on appeal. It contrasted legal issues with factual issues, and explained that...more

Epstein Becker & Green

A Big Day for the Little Guy – SCOTUS Today

Epstein Becker & Green on

With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more

Dorsey & Whitney LLP

The Supreme Court Update - May 25, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued three decisions: Tyler v. Hennepin County, No. 22-166: This case involved the Fifth Amendment’s “Takings Clause” in the context of seizing property to collect unpaid...more

Dorsey & Whitney LLP

The Supreme Court Update - May 11, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued five decisions: National Pork Producers Council v. Ross, No. 21-468: This case involved a constitutional challenge to California’s “animal cruelty law” known as...more

Perkins Coie

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

Perkins Coie on

Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more

Hodgson Russ LLP

The U.S. Supreme Court Expands the Rights of Disabled Students to Seek Relief against School Districts

Hodgson Russ LLP on

On March 21, 2023, the United State Supreme Court issued a unanimous decision that will significantly affect how parents of students with disabilities can litigate claims under the Individuals with Disabilities Education Act...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Clark Hill PLC

Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

Clark Hill PLC on

The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

Roetzel & Andress on

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Thompson & Horton LLP

The Supreme Court Finds IDEA Exhaustion Not Required When Parents Seek Money Damages Under ADA and Section 504

Thompson & Horton LLP on

In a unanimous decision, the Supreme Court held yesterday that plaintiffs may file federal lawsuits under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 seeking money damages...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

Thompson & Horton LLP

The Supreme Court Reconsiders the IDEA Exhaustion Doctrine

Thompson & Horton LLP on

On Wednesday, January 18, 2023, the Supreme Court heard oral argument in Perez v. Sturgis Public Schools, a case out of Michigan (Sixth Circuit) involving the administrative exhaustion doctrine under the Individuals with...more

Downey Brand LLP

First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney

Downey Brand LLP on

In Jenkins et al. v. Brandt-Hawley et al. (1st Dist., Div. 2, 2022) ___ Cal.App.5th ___, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions. The Court of Appeal upheld an...more

Miller Starr Regalia

First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By...

Miller Starr Regalia on

In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence...more

WilmerHale

Future Of Issue Exhaustion In Agency Rulemaking Challenges

WilmerHale on

Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2020 Year in Review

Welcome to CICR’s annual review of insurance cases. Here, we spotlight decisions from the last year that you should know about — and a few pending cases to watch. As our picks for “Cases to Know” (below) indicate,...more

International Lawyers Network

Australian Patent Law Update – The High Court Has Overturned Over 100 Years Of Law, Favouring The US Doctrine Of Exhaustion

Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko). Rather than following the...more

Carlton Fields

New York Court Finds the Term “Exhaustion” in Excess Policy Was Ambiguous, Rules That Full Limits of Underlying Insurance Need Not...

Carlton Fields on

Fireman’s Fund Insurance Co. sued OneBeacon Insurance Co. for breach of a facultative reinsurance certificate. Fireman’s Fund settled claims with its insured and allocated a portion of the settlement to a Fireman’s Fund...more

Womble Bond Dickinson

Two-Thirds of States Recognize Medical Use of Marijuana: DEA Disagrees

Womble Bond Dickinson on

Does marijuana have a currently accepted medical use in the U.S.? That is the question in front of the Ninth Circuit currently. On May 21, 2020, Suzanne Sisley and multiple U.S. veterans petitioned the Ninth Circuit Court of...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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JD Supra, LLC
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Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
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Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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