Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. The case is poised to clarify whether a failure to disclose under Item 303 of Regulation S-K constitutes securities fraud. The post SCOTUS Poised to Decide Fate of Chevron Doctrine appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 1, 2023

In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law. 1983, asserting that Texas’s post-conviction DNA testing law failed to provide procedural due process. Reed argued that the law’s stringent chain-of-custody requirement was unconstitutional.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations. But under Article III, an injury in law is not an injury in fact. Milkovich v.

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Constitutional Law Reporter

SEPTEMBER 23, 2024

According to the majority, an APA claim does not accrue for purposes of §2401(a)’s 6-year statute of limitations until the plaintiff is injured by final agency action. The post SCOTUS Clarifies Statute of Limitations for APA Claims appeared first on Constitutional Law Reporter.

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JonathanTurley

JULY 23, 2021

Indeed, some of these laws do not seem to support an actual boycott as opposed to a divestment in “listed companies.” ” Indeed, I am a bit confused by the disconnect between the rhetoric and the reality of these laws in calls for statewide boycotts. NO PRIVATE CAUSE OF ACTION. (a)

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Constitutional Law Reporter

MARCH 9, 2021

The FCTA allows a plaintiff to bring certain state-law tort claims against the United States for torts committed by federal employees acting within the scope of their employment, provided that the plaintiff alleges six statutory elements of an actionable claim. . § 2676 and precluded him from raising separate claims under Bivens v.

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Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. Please check back for updates.

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

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JonathanTurley

JANUARY 16, 2023

He was given repeated disciplinary actions for refusing to work. The USPS was moving to terminate him when he resigned and filed a challenge based on two causes of action for religious discrimination under Title VII of the Civil Rights Act of 1964: (1) disparate treatment, and (2) failure to accommodate religious beliefs.

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JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Craigslist, Inc. ,

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

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JURIST

AUGUST 16, 2023

To successfully plead this cause of action, a plaintiff must demonstrate that (1) they were similarly situated in material respects to other individuals against whom the law was not enforced and (2) the selective enforcement infringed on a constitutional right.

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JURIST

MAY 26, 2023

McMaster responded to the judge’s ruling, writing, “We will continue fighting to protect the lives of the unborn in South Carolina and the constitutional law that protects them. The lawsuit lists 17 causes of action in favor of enjoining the ban.

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Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Texas law at issue, S.B. Unlike other abortion laws, S.B. A divided Supreme Court rejected the request for injunctive relief, thereby allowing the Texas abortion law to take effect. Supreme Court.

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Laws Court Cause of Action Constitutional Law 52

JonathanTurley

MAY 7, 2022

In this case, Judge Koeltl wrote: To state a claim for defamation under New York law, a plaintiff must allege, among other elements, a statement that is “of and concerning” the plaintiff. The court found the size of the group of women was too big to satisfy a group libel standard. ” ….

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JonathanTurley

DECEMBER 23, 2020

The 41-page lawsuit, which seeks unspecified damages for emotional distress and violation of state law for distribution of intimate personal material without Hill’s consent, against defendants Salem Media Group Inc., Sullivan have long limited tort law where it would undermine the first amendment. Mail Media, Inc.,

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