SCOTUSBlog

MAY 7, 2021

Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitive damages that doubles the compensatory damages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer. After a jury trial in the U.S.

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SCOTUSBlog

NOVEMBER 29, 2021

In 2016, she sought physical therapy services for back pain from respondent Premier Rehab, a company that operates rehabilitation facilities in Texas and receives federal funds. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. Cummings primarily communicates in American Sign Language.

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SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Cummings v.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw. 12, 2020). BP America Inc. ,

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit also concluded that two petitioners—Texas Public Policy Foundation and Competitive Enterprise Institute—lacked organizational standing to challenge EPA’s authority to promulgate the ACE Rule. The magistrate judge concluded that the suit was barred by the statute of limitations. Finally, the D.C. WildEarth Guardians v.

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SCOTUSBlog

OCTOBER 5, 2021

involving whether punitive damages that are twice compensatory damages, and fall within a state’s statutory punitive damages cap, are constitutionally excessive. Texas , involving whether certain Native American tribes’ gaming operations are subject to Texas regulations. Texas , 20-493. Boardman v.

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