Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. . 5321(a)(5)(B)(ii)], it knew exactly how to do so.

Court 59

Court Statute Government Calendaring 59

Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court’s Decision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.

Immigration 52

Immigration Court Statute Construction 52

Constitutional Law Reporter

JUNE 1, 2023

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

Statute Litigating Litigation Cause of Action 52

Patently O

SEPTEMBER 21, 2022

. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw , and Intuitive Surgical , and whether that interpretation remains correct after SAS Institute, Inc. But, lets look at the statute. But, lets look at the statute. Iancu , 138 S. 1348 (2018).

Statute 58

Statute Construction Litigating Litigation 58

At the Lectern

JANUARY 28, 2021

Hernandez , which concerns the circumstances under which the prosecution may withdraw from — or a superior court may withdraw its approval of — a plea agreement when new legislation leads to the striking of a sentence enhancement. Last year’s Supreme Court decision in People v. In People v.

Court 49

Court Statute Construction Court Decisions 49

Constitutional Law Reporter

MAY 14, 2024

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The Court next turned to Flowers argument that the §1 exemption would sweep too broadly without an implied transportation-industry requirement. goods across borders via the channels of foreign or interstate commerce.”

Contract 52

Contract Court Construction Constitutional Law 52

Patently O

NOVEMBER 9, 2021

Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Court decision. After losing before the CCPA, the government then petitioned for Supreme Court review in the name of Marshall Dann, who was President Nixon’s Commissioner of Patents. Rather, the court found the claims obvious.

Court 75

Court Court Decisions Technology Depositions 75

FDA Law Blog

AUGUST 9, 2021

FDA claimed that Congress afforded FDA the discretion to regulate devices as drugs based an overlap in the statutory definitions of “drug” and “device” and chose to do so in the case of contrast agents in response to a 1997 court decision and related Citizen Petition.

Statute 52

Statute Litigating Litigation Construction 52

At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”

Court 40

Court Punitive Damages Statute Immigration 40

Patently O

DECEMBER 11, 2023

This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. This issue arose in the context of calculating lost profit damages in a 1995 decision of the en banc Federal Circuit, Rite-Hite Corp. Kelley Co. , 3d 1538 (Fed.

Technology 45

Technology Litigating Litigation Construction 45

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

Court Rules 40

Court Rules Contract Laws Court 40

Conflict of Laws

SEPTEMBER 1, 2022

In its decision of 11 March 2021, the Cologne Higher Regional Court denied the international jurisdiction of the Cologne courts for permission proceedings under the German Telemedia Act (TMG) in cases of suspected abusive customer complaints in online marketplaces. The higher regional Court (Oberlandesgericht) of Frankfurt a.M.

Contract 10

Contract Tort Procedural Law Court 10

ClimateChange-ClimateLaw

JULY 6, 2017

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 Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. CLIMATE LITIGATION CHART.

Court 40

Court Litigating Litigation Attorney 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Vacated Permits for Methanol Refinery and Export Terminal, Citing Failure to Consider Indirect Cumulative Greenhouse Gas Impacts. The federal district court for the Western District of Washington vacated U.S. Environmental Groups Challenged Authorization for New Natural Gas Plant in Oregon.

Court 58

Court Government Litigating Litigation 58

SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. Court of Appeals for the 3rd Circuit affirmed his conviction. Similarly, to permit them to do public works projects in the Philadelphia area, Stamatios Kousisis and his company, Alpha Painting & Construction Co., This week’s relists are a real grab bag of issues. Kentucky ex rel.

Government 128

Government Court Laws Litigating 128

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.

Court 40

Court Statute Government Tort 40

ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). order setting schedule Mar. 1, 2018; order denying remand and notice re tutorial Feb.

Court 40

Court Government Laws Litigating 40

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.

Court 72

Court Government Compensatory Damages Litigating 72

ClimateChange-ClimateLaw

JANUARY 13, 2021

Maine Federal Court Declined to Enjoin Work on Electric Transmission Project. 1442, or the civil-rights removal statute, 28 U.S.C. A nonprofit organization challenged the environmental review for construction and demolition projects at the Wisconsin Air National Guard’s 115th Fighter Wing Installation at a regional airport in Madison.

Court 52

Court Government Technology Assisted Review Litigating 52

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” California Appellate Court Said Substantial Evidence Supported Setback Requirement for Coastal Residence.

Court 49

Court Litigating Statute Litigation 49

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Northern Plains Resource Council v.

Litigating 40

Litigating Litigation Court Laws 40

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. DECISIONS AND SETTLEMENTS. The Minnesota Supreme Court adopted the U.S. 20-1530 (U.S. 20-1531 (U.S.

Court 40

Court Government Construction Litigating 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

Court 45

Court Statute Government Litigating 45

ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline.

Court 40

Court Litigating Litigation Government 40

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

Court 121

Court Statute Litigating Litigation 121