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Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose Civil Penalties in Administrative Proceedings

FDA Law Blog

That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive. According to the Court, the remedy is considered the more important factor. So the SEC has the option of retrying Jarkesy in a district court.

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Court revives DNA evidence case of Texas man on death-row

SCOTUSBlog

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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

Constitutional Law Reporter

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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Can you sue the police for Miranda violations? Court will wrestle with rules, rights, and remedies for wrongs.

SCOTUSBlog

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. The trial court denied Tekoh’s motion and admitted his statement.

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

Nearly all of the state and local government plaintiffs filed their cases in state court. Fossil fuel company defendants responded by removing the cases to federal court. The fossil fuel company defendants vigorously fought to keep the cases in federal court because they viewed them as easier to dismiss in federal court.

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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change

ClimateChange-ClimateLaw

The decision suggests that courts can reconcile the legally disruptive nature of climate change with the fundamental role that adjudication plays in maintaining the stability of legal orders, and it could influence other cases and decisions across the world. The Federal Court of Appeal’s decision. Background.

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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 Court’s decision gives plaintiffs significantly more time to bring APA claims against the federal government.

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