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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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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 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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Insurance policy limitations period doesn’t shorten time for UCL lawsuit

At the Lectern

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.” The court reverses the First District, Division Two, Court of Appeal’s 2-1 published opinion.

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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 Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

As Justice Gorsuch explained, the Court has found a clear waiver of sovereign immunity in just two situations. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. agency,” §1681a(b), and that applies to the entire Act.

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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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