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

FDA Law Blog

The court ruled that the Securities and Exchange Commission (SEC) may not impose fines to penalize securities in its administrative proceedings because that practice violates the Seventh Amendment “right of trial by jury” in all “suits at common law.” According to the Court, the remedy is considered the more important factor.

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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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Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

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. Norfolk Southern Railway Co. ,

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

ClimateChange-ClimateLaw

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court.

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Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity

Constitutional Law Reporter

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

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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. Tekoh presents the court with that question. Share Miranda v.

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