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The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” M árquez authored the opinion of the court. ” Justice Monica M.
The US Court of Appeals for the Ninth Circuit Tuesday sent lawsuits by six California cities and counties accusing ExxonMobil, Chevron Corp and other energy giants of fueling climate change back to state court after the US Supreme Court required the court reexamine the cases. Other lawsuits are still pending.
The federal government has ordered the seven Colorado River states to reduce their water usage by one-fifth. The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. They have been the elephant in the room of Colorado River water apportionment for a century.
Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. Court of Appeals for the 9th Circuit. The decision came down to how the court framed the Nation’s claims.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court dismissed the appeal in Brooks v. Because the court had mandatory appellate jurisdiction over that matter, that likely reflects the court’s conclusion that, as the state argued, the appeal was untimely.
Tribal courts are often the only immediately available forum to address violent crime in Indian Country, but the sentences they can impose are extremely limited and often insufficient. also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. On Tuesday, in Denezpi v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Two other cases involve a dispute involving the Navajo Nation’s rights to Colorado River water. Court of Appeals for the 10th Circuit, Abitron argued that the Lanham Act should not apply to its foreign sales.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. courts of appeals are “nearly evenly divided” on this issue, the county asks for the justices’ review. The en banc U.S. Exby-Stolley.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property. In Wilkins v.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Ojedokun v. United States.
Share The Supreme Court heard oral argument on Wednesday in the case of a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on the Facebook messages that he sent to local musician Coles Whalen. Colorado Attorney General Philip Weiser arguing for the state.
Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.
Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.
This observation applies manifestly to our court systems: an inefficient and complicated civil justice system has become its own greatest enemy, frustrating its very purpose of providing access to civil justice for all. If courts move to standardize the collection of “data” (i.e.,
That’s a lesson worth applying to current strategies addressing the epidemic of gun violence, writes Benjamin Levin , an Associate Professor of Law at the University of Colorado Law School. In 2000, 54 percent of the state court defendants convicted for weapons crimes were black, as compared to 44 percent white.
Before trial, the district court rejected Struve’s argument that the officers had violated the Fourth Amendment in pulling him over without reasonable suspicion because they could not tell whether he was texting or using his cellphone legally. In another Fourth Amendment case, Tuggle v. In the decision below, the U.S. Lamoureux v.
The court vacated and remanded a fee award by Colorado Judge Brooke Jackson, finding that Judge Jackson abused her discretion when determining that the case was “exceptional” under the statute. Realtime Adaptive Streaming L.L.C. Sling TV, L.L.C. , 2023-1035 (Fed.
Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. courts over disputes that arise in other countries. Washington (1945).
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.”
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, at what stage of litigation the ministerial exception should come into play. Both a federal district court and the U.S.
Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). By statute, registration is available for “original works of authorship fixed in any tangible medium of expression.”
Supreme Court heard its final oral arguments of 2024. Below is a brief summary of the legal questions before the Court: Feliciano v. To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C.
Berg and Bedenbaugh sued Ciampa in a Florida state court and won a judgment of almost $500,000. In 2019, Berg and Bedenbaugh brought an action in the Suffolk County Superior Court in Boston seeking to reach and apply funds that Fidelity Investments was holding for Ciampa. Ciampa appealed from the Superior Court judgment.
Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. One set of California cases – filed by San Mateo County, Marin County and Imperial City – was removed by defendants to federal court, then remanded to state court, based on Judge Vince C. BP P.L.C. ,
In the realms of legal technology and innovation, the pandemic had yielded silver linings – greater adoption of technology, more flexible workplaces, hybrid courts – that promised a future in which the legal profession and justice system would better serve those who need them. Do courts fully reopen or not?
Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.
Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.
In the realms of legal technology and innovation, the pandemic had yielded silver linings – greater adoption of technology, more flexible workplaces, hybrid courts – that promised a future in which the legal profession and justice system would better serve those who need them. Do courts fully reopen or not?
Colorado Governor Jared Polis Friday signed a bill allowing those who have been convicted of a crime access to post-conviction DNA testing. The bill will take effect in Colorado’s criminal justice system in October 2023. The bill was supported and fully approved by both Houses in February 2023.
The US Supreme Court Tuesday agreed to take up the case of a web designer who refuses to provide services related to same-sex marriages. Elenis , the court will once again consider how to balance religious freedoms with prohibitions against discrimination based on sexual orientation. In 303 Creative LLC v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Just before the Supreme Court begins its new term on the first Monday in October , the court gathers to consider all the hundreds of cert petitions that have built up over the summer. At issue in Oklahoma v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, and with only the October and November argument sittings filled, the court has switched into high gear. Court of Appeals for the D.C.
Already, New York lawmakers convened a special session seeking to cure the defects the Court found in Bruen. States can and should ensure such statutes provide extensive due process protections. Still, Americans need not be made to worry that the Court has construed either as absolute or is poised to do so.
Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. In Carson v.
Jack Phillip, the Colorado baker who brought the challenge in Masterpiece Cakeshop, Ltd. Colorado Civil Rights Commission has again lost an appeal in Colorado state court. The ColoradoCourt of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech.
There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. Colorado Civil Rights Commission.
Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Ultimately, the district court held that Smith was not entitled to the injunction she sought. The Tenth Circuit Court of Appeals affirmed.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will vote to grant the last cases that will be argued this term (barring expedited briefing on some emergency matter). The court earlier asked for the U.S.
There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. Both the Colorado GOP and Rep. If untrue, this businessman could face a major defamation action, but Frisch has not indicated whether he will contest the allegation in court.
As the repercussions of the leaked draft of the Supreme Court’s preliminary ruling on Roe v. In April of this year, Colorado enacted “a broad reproductive health law” which ensured someone could not be prosecuted for pregnancy-related death or harm to a fetus. Supreme Court, reports Bloomberg News.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court cleared out some old relists in the last few order lists. The court denied review in Smith v. Courts of Appeals for the 5th, 6th, and 11th Circuits rejected the group’s arguments.
Share Last term at the Supreme Court teemed with culture-war issues: guns , religion , climate change , COVID vaccines , and of course abortion. In 1978 , 2003 , and 2016 , the court affirmed that universities may consider applicants’ race as part of an effort to foster diversity on campus. 9, another remedial statute is at risk.
Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. So at the last conference, the Supreme Court acted on a ton of relists. White , the court summarily vacated a decision by the U.S. A short explanation of relists is available here. California.
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