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SCOTUS Clarifies Statute of Limitations for APA Claims

Constitutional Law Reporter

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U.

Statute 52
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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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Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose Civil Penalties in Administrative Proceedings

FDA Law Blog

The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. 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.

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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.

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

SCOTUSBlog

Both Reed and Texas agree, Kavanaugh observed, that the statute of limitations for his claim is two years. The question before the Supreme Court is when the clock on that two-year statute of limitations began to run. This article was originally published at Howe on the Court.

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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

Statute 52
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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]