SCOTUSBlog

DECEMBER 3, 2022

Dissatisfied with the purchase, Buckley eventually obtained a judgment in a California state court based on the failure of the Bartenwerfers to disclose information about the house on the standard-form Transfer Disclosure Statement. Buckley also emphasizes a Supreme Court decision from 1885 (not a typo), Strang v.

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Broadcast Law Blog

APRIL 18, 2013

We’ve written extensively about copyright issues for audio services, but the big copyright decision that recently made headlines is a TV issue, though one that could have an impact on audio as well. Why, then, did the Court rule that no public performance was involved?

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SCOTUSBlog

DECEMBER 15, 2021

A Texas state court ruled that the federal law under which Torres brought his suit, the Uniform Services Employment and Re-employment Rights Act , which allows members of the military to sue to remedy employment discrimination based on their service, is unconstitutional. And in LeDure v.

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FDA Law Blog

OCTOBER 7, 2024

In June, the Supreme Court ruled that the SEC cannot use its administrative authority to impose civil penalties for securities fraud on the ground that these penalties violate the U.S. Sure enough, the first challenge to FDA’s civil money penalty authority was filed last week in the Central District of California. 2117 (2024).

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Conflict of Laws

JANUARY 11, 2024

This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar , LLM, PhD, KIMEP University The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades.

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At the Lectern

JANUARY 19, 2023

the Supreme Court today holds a father’s appellate challenge of a juvenile court ruling that his conduct put his son at risk of serious harm was mooted by the juvenile court’s later termination of its jurisdiction. In In re D.P. , Nonetheless, a “jurisdictional finding.

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JonathanTurley

MAY 9, 2021

The family court decision was reviewed by Judges Stan Pritzker, John Egan Jr., They admit that the rock was “not addressed by family court or the attorney for the child, the mother’s testimony at the hearing, as well as an exhibit admitted into evidence.” California, 283 U. See Stromberg v.

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JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Raich , 545 U.S.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects. 16-2432 et al.

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Conflict of Laws

JUNE 3, 2021

This is the question that the Supreme Court of Japan answered in its recent judgment rendered on 25 May 2021. The present case has already yielded an important Supreme Court decision rendered on 18 January 2019 (decision available here ). Again, the issue of punitive damages was not raised before the Supreme Court.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Ninth Circuit Court of Appeals affirmed a district court judgment rejecting challenges to San Francisco regulations that dictated which taxi medallion holders could pick up passengers at San Francisco International Airport. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Zepeda , No.

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SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. In Louisiana v. Louisiana v.

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LegalTalkNetwork

OCTOBER 24, 2024

Governor Newsom’s Executive Order Expanding on California’s persistent endeavors and substantial financial commitments to combat homelessness, Governor Gavin Newsom took a significant step on July 25, 2024, by issuing an executive order. This decision was prompted by a recent Supreme Court ruling in City of Grants Pass v.

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SCOTUSBlog

MARCH 20, 2025

As is frequently the case when the court denies review in cases that have been relisted repeatedly, denial occasioned dissent, this time from Justice Clarence Thomas, joined by Justice Neil Gorsuch. The court relisted Escobar back in June 2024 and has been holding it ever since, pending the resolution of Glossip.

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JURIST

MAY 27, 2024

It was in response to the Supreme Court decision Kelo v. In that case, the court ruled that the government could take someone’s property for private economic development under the Fifth Amendment’s Takings Claus, saying it qualified as a “public use.” New London.

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At the Lectern

MARCH 26, 2022

Supreme Court, the Ninth Circuit explained that he faced “ ‘a “difficult to meet,” and “highly deferential standard for evaluating state-court rulings, which demands that state-court decisions be given the benefit of the doubt.”

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In September 2018, Lane challenged his 2007 conviction for failure to register based on the new appeals court decision.

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At the Lectern

JULY 1, 2021

The court’s opinion is authored by Justice Mariano-Florentino Cuéllar. and California Supreme Court decisions holding it unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors. Justice Goodwin Liu dissents, claiming Batson / Wheeler error, named after U.S.

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The Crime Report

JANUARY 4, 2023

4, 1996, Benning twice called 911 and said a burglar broke into her Santa Ana, California, apartment, stabbed her boyfriend to death and slashed her hand before running off into the night. But when prosecutors cross the line and intentionally circumvent court rules for evidence standards, he said, that’s cause for concern.

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JonathanTurley

JUNE 17, 2021

Recently, University of California President Janet Napolitano announced that the entire system will no longer base admissions on standardized tests — joining a “test-blind” admissions movement nationally. The Supreme Court is also considering whether to take the case of Students for Fair Admissions v. No more “soft” criteria.

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At the Lectern

AUGUST 6, 2024

It’s time again (actually, past time) to look at how the California Supreme Court fared at the U.S. Supreme Court during the latter’s most recent term, which ended last month. Gregg and Seifu had been grant-and-holds in the California Supreme Court, which later dismissed review without opinions.

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JonathanTurley

AUGUST 30, 2024

Courts too have recognized how seemingly innocuous phrases may convey profane messages. A county court in San Diego, California referred an attorney to the State Bar when counsel, during a hearing, twice directed the phrase “See You Next Tuesday” toward two female attorneys. ” (Am I the A**hole?)….

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JURIST

JANUARY 4, 2024

Former President Donald Trump filed an appeal Wednesday asking the US Supreme Court to reverse the Colorado Supreme Court decision barring him from the state’s ballot. The original decision will now be on hold until the US Supreme Court rules on the appeal. Trump also appealed the Maine decision.

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SCOTUSBlog

NOVEMBER 1, 2021

The justices considered the case at four consecutive conferences before issuing an order on Monday that vacated the state court’s ruling and sent the case back to the lower court for reconsideration in light of last summer’s decision in Fulton v.

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SCOTUSBlog

JUNE 30, 2022

On the other hand, 16 states protect access to abortion through various methods, such as state constitutional amendments and laws that protect the right to privacy, state supreme court decisions interpreting equal protection to include reproductive care, and statutes that protect access to reproductive care.

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ClimateChange-ClimateLaw

OCTOBER 25, 2024

The federal court ruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts. Perhaps most significantly, the legal grounds for corporate climate risk disclosure requirements promulgated by the SEC and the state of California will also soon be tested in court.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. People of State of California v. Army Corps of Engineers , No.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. The Minnesota Supreme Court denied petitions for further review of an appellate court decision finding all but one aspect of the environmental review for the Enbridge Line 3 oil pipeline project to be adequate. filed Sept.

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SCOTUSBlog

DECEMBER 31, 2024

His 2022 report , in the aftermath of the courts decision overturning the constitutional right to abortion, stressed the importance of judicial security. A California man, Nicholas Roske, is scheduled to stand trial in Maryland next year on charges that he attempted to assassinate Justice Brett Kavanaugh in 2022.

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Above The Law

JANUARY 24, 2025

Rosas Judge Collins / Ninth Circuit / December 10, 2021 Case Overview The case involved Arroyo, a person with a disability, who filed a lawsuit against Rosas for violating the Americans with Disabilities Act (ADA) and the California Unruh Act, which prohibits discrimination based on disability.

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SCOTUSBlog

JANUARY 16, 2025

They contended that it would seem to follow from Apprendi that a jury must find any facts necessary to support a (nonzero) restitution order, and they suggested that the court should take up a lower court ruling to the contrary. Judicial factfinding for restitution Under Apprendi v. Relisted after the Jan. 10 conference.)

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. On March 1, the court set a schedule for motions to dismiss, with the parties’ briefing to be completed by April 10. People of State of California v.

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SCOTUSBlog

APRIL 1, 2025

It is noteworthy, South Carolina contends, that until now the Supreme Court has only found four provisions that clearly create privately enforceable rights. Pointing to the Supreme Courts 2022 decision in Dobbs v. Two years ago, in Health and Hospital Corporation of Marion County, Ind.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. California v. Federal Court Upheld Environmental Review for Forest Thinning Project.

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SCOTUSBlog

FEBRUARY 24, 2025

The question came to the court in the case of Ryan Carter , who was a member of the Air National Guard when he underwent spine surgery at Walter Reed National Military Medical Center in Bethesda, Md., A federal district court dismissed Carters claims, relying on the courts decision in Feres. In Woodward v.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions. Haaland , No.

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