Remove Cause of Action Remove Constitutional Law Remove Statute
article thumbnail

Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

Tort 59
article thumbnail

Supreme Court to consider multi-pronged constitutional attack on SEC

SCOTUSBlog

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

SCOTUS Clarifies Statute of Limitations for APA Claims

Constitutional Law Reporter

2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The complaint challenged Regulation II on the ground that it allows higher interchange fees than the statute permits. 2401(a), the default six-year statute of limitations applicable to suits against the United States.

Statute 52
article thumbnail

US Supreme Court hears oral arguments in case challenging FTC enforcement powers

JURIST

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

Court 118
article thumbnail

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State. This is a discussion for another day. [1]

article thumbnail

Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it. government.

article thumbnail

SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.

Statute 52