Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

Statute 52

Statute Diligence Court Constitutional Law 52

At the Lectern

MAY 1, 2024

On Tuesday and Wednesday, May 21 and 22, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself ): Castellanos v. The court granted review in March 2023. The court granted review in August 2022. Vigilant Insurance Co.

Calendaring 45

Calendaring Court Entertainment Statute 45

Constitutional Law Reporter

MAY 1, 2023

United States , 598 U.S. _ (2023), the U.S. Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v.

Government 52

Government Statute Entertainment Constitutional Law 52

Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. In reaching its decision, the Court noted that the parties offered very different interpretations of §1415( l ). After concluding that §1415( l ) did not preclude Perez’s ADA lawsuit, it remanded the matter back to the lower court. In Perez v.

Compensatory Damages 59

Compensatory Damages Education Statute Court 59

Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v.

Government 59

Government Statute Court Legal 59

Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. In Delaware v. It was Justice Ketanji Brown Jackson’s first opinion.

Constitutional Law 59

Constitutional Law Statute Court Government 59

Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52

At the Lectern

OCTOBER 11, 2023

It concluded “the Legislature passed this statute mainly with the intent of providing immunity for adverse pregnancy outcomes due to self-managed abortions or drug use during pregnancy.” The court granted review in People v. Schuller (2023) 15 Cal.5th ” Another ICWA grant-and-hold.

Court 45

Court Felony Statute Court Decisions 45

SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

Immigration 96

Immigration Court Statute Law Firm 96

Constitutional Law Reporter

MARCH 14, 2023

Buckley , 598 U.S. _ (2023), the U.S. Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. In Bartenwerfer v.

Court 52

Court Constitutional Law Statute Court Decisions 52

Constitutional Law Reporter

AUGUST 28, 2023

600 U.S. _ (2023), the U.S. Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. In Mallory v.

Court 52

Court Laws Cause of Action Constitutional Law 52

Constitutional Law Reporter

JULY 6, 2023

United States , 599 U.S. _ (2023), the U.S. Supreme Court narrowed the scope of a federal aggravated identity theft statute. Because everyday overbilling cases would account for the majority of vi- olations in practice, the Government’s reading places at the core of the statute its most improbable applications.

Statute 52

Statute Healthcare Court Constitutional Law 52

At the Lectern

MAY 30, 2024

.’ ” The appellate court also found inapplicable the Legislature’s intent statement in newly enacted Assembly Bill 600 that, in resentencing proceedings under section 1172.1 , which the bill amended, “courts have full discretion. Agreeing with the Fourth District, Division One, decision in People v.

Court 45

Court Manufacturing Contract Attorney 45

Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings.

Court 52

Court Constitutional Law Entertainment Administrative Law 52

At the Lectern

AUGUST 6, 2024

Gregg and Seifu had been grant-and-holds in the California Supreme Court, which later dismissed review without opinions. Supreme Court the chance to disapprove the California Supreme Court decision in Adolph v. 2023) 14 Cal.5th Carry (2023) 15 Cal.5th Supreme Court also denied cert in Catarino v.

Technology 45

Technology Court Statute Court Decisions 45

Patently O

APRIL 12, 2023

The statute isclear that patents should be awarded to “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” so long as the other requirements of patentability are met. One difficulty with the law here is that it is entirely judge made. SG Brief.

Technology 62

Technology Manufacturing Court Statute 62

Conflict of Laws

AUGUST 30, 2023

Final Update of 29 August 2023: New entries are printed bold. 1508-1545 (available here ) Casey, Alex “Holding out Hope for the Hague Judgments Project Thirty-Years Later: The Future of Express English Jurisdiction Clauses in Light of the London-Lugano Lacuna (Brexit, Brussels, and Beyond)”, Plassey Law Review 3 (2023), pp. 819 et seq.

Drafting 98

Drafting Laws Litigation Litigating 98

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. 2023-1795 (Fed. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. by Dennis Crouch The U.S.

Contract 62

Contract Court Statute Court Decisions 62

Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court. That procedure was not immediately apparent.

Court 69

Court Laws Statute Litigation 69

ClimateChange-ClimateLaw

APRIL 18, 2023

O n Monday, April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. City of Berkeley.

Construction 115

Construction Government Legal Legal 115

FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C.

Manufacturing 59

Manufacturing Contract Statute Court 59

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

Manufacturing 59

Manufacturing Statute Court Decisions Court 59

SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Oklahoma (resulting from Glossip’s fourth and fifth applications to that court for post-conviction relief), Glossip now seeks relief from the Supreme Court.

Court 121

Court Tort Litigation Litigating 121

Conflict of Laws

FEBRUARY 22, 2024

The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. 2/13276/2023/02 of 17 January 2024 is nothing but another example of this entrenched practice that can be observed in the vast majority of countries in the region. 5/11341/2023/02 of 4 January 2024 ).

Court 69

Court Laws Contract Court Decisions 69

Conflict of Laws

APRIL 4, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please also check the “official” Bibliography of the HCCH for the instrument. 8 (2021), pp. 819 et seq.

Drafting 52

Drafting Laws Litigation Litigating 52

FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

Manufacturing 59

Manufacturing Statute Government Calendaring 59

The Crime Report

SEPTEMBER 7, 2023

1994 to 2023 Prior to 1994, there were few states that required offenders convicted of sex offenses to register with local authorities—a registration that allows local law enforcement to monitor the location of sex offenders in their jurisdiction. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order.

Statute 119

Statute Court Felony Attorney 119

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In United States v. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ).

Immigration 52

Immigration Court Rules Court Entertainment 52

Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. Supreme Court struck down the Biden Administration’s student loan forgiveness program. Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan. In Biden v.

Court 52

Court Education Drafting Legal 52

Conflict of Laws

FEBRUARY 15, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, registration now open , we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please also check the “official” Bibliography of the HCCH for the instrument.

Drafting 40

Drafting Laws Litigation Litigating 40

Constitutional Law Reporter

JULY 25, 2023

Elenis , 600 U.S. _ (2023), a divided U.S. Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. In 303 Creative LLC v. to reserve from all official control.”

Court 52

Court Government Constitutional Law Statute 52

Conflict of Laws

AUGUST 31, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. HCCH 2019 Judgments Convention Repository. Martiny, Dieter. Baden-Baden 2021, pp 127-146. “The

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023 , taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. HCCH 2019 Judgments Convention Repository. Martiny, Dieter. Baden-Baden 2021, pp 127-146. “The

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. HCCH 2019 Judgments Convention Repository. Martiny, Dieter. Baden-Baden 2021, pp 127-146. “The

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 7, 2023

Written by Christina Shin, University of Sydney Law School On 1 June 2023, International Children’s Day, the University of Sydney’s Centre for Asian and Pacific Law (CAPLUS) hosted an online webinar discussing the issue of children’s welfare and voices in private international law (PIL). 11 (such as returning a child post-abduction).

Laws 40

Laws Family Law Legal Legal 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

FEBRUARY 23, 2023

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. It argues that the 3rd Circuit’s decision has thrown all of that into upheaval and must be reviewed. New Relists Brown v. relisted after the Feb.

Government 89

Government Court Contract Malfeasance 89