SCOTUSBlog

MARCH 29, 2023

United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. Share Tuesday’s decision in Wilkins v. So, if the bar is jurisdictional, they would be completely out of luck.

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JURIST

AUGUST 5, 2022

The United Kingdom of Great Britain and Northern Ireland Friday filed a declaration of intervention in the International Court of Justice (ICJ) in the case of Ukraine v. According to the ICJ, under Article 63 of the Statute of the Court , states may intervene in proceedings if the outcome will bind them. Russian Federation.

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SCOTUSBlog

DECEMBER 11, 2020

The Supreme Court on Thursday unanimously reinstated the rape convictions of three former servicemen in United States v. The nine-page, 8-0 decision, with Justice Samuel Alito writing for the court and Justice Amy Coney Barrett not participating, reverses judgments of the U.S. Briggs and two consolidated cases.

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SCOTUSBlog

JUNE 20, 2023

Share People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States.

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JURIST

JUNE 8, 2022

The US Court of Appeals for the Ninth Circuit Tuesday ruled that a Honduran man’s conviction in California for possession of a forged social security number card (SSN) with a counterfeit government seal is grounds for deportation as a crime of moral turpitude.

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Patently O

MARCH 2, 2021

Rain and Samsung agree that this case comes down to claim construction. And, as typical, the patentee is attempting to thread the needle with a construction that is broad enough to be infringed, but narrow and specific enough to avoid invalidation. The district court construed one term narrowly — resulting in no infringement.

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FDA Law Blog

MARCH 18, 2025

Even though the PTE provisions established in the Drug Price Competition and Patent Restoration Act are forty-plus years old, courts are still grappling with questions about how to best implement the Patent Term Extension. the Court looked at the term the patent in the PTE statute at 35 U.S.C. In Merck Sharp & Dohme Corp.

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ClimateChange-ClimateLaw

AUGUST 6, 2024

Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court. One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the merits.

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SCOTUSBlog

DECEMBER 7, 2021

Share The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. First, the applicant must meet precise eligibility requirements under the statute. a green card).

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JURIST

JANUARY 25, 2024

In 2003, Malaysia and Singapore agreed to the International Court of Justice’s (ICJ) jurisdiction to determine whether Malaysia or Singapore enjoys sovereignty over three groups of islets in the South China Sea, namely Pedra Branca, Middle Rocks and South Ledge.

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SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. The Supreme Court has held that the federal crime of obstruction of justice requires “interference with a pending or ongoing proceeding to administer justice.” He then received a notice to appear in immigration court for removal proceedings. But the U.S.

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SCOTUSBlog

JUNE 23, 2023

Share On Thursday, the Supreme Court held that a federal prisoner cannot raise a claim of legal innocence if he has already challenged his conviction – even if that claim was unavailable at the time he filed his challenge. The court’s decision in Jones v. Nearly two decades later, the Supreme Court decided in Rehaif v.

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

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JURIST

MARCH 26, 2024

The US Supreme Court heard arguments Monday on whether Indian Health Services (IHS) should be reimbursed for “contract support costs” associated with third parties, such as Medicare and Medicaid. The Supreme Court heard this issue because of the split among the circuit courts.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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SCOTUSBlog

JANUARY 23, 2023

Share In its first opinion of the 2022-23 term, the Supreme Court unanimously held on Monday that a one-year timeframe for military veterans to apply for retroactive disability benefits is a firm deadline that cannot be extended under a doctrine known as “equitable tolling.” The problem for Arellano was that a federal statute, 38 U.S.C.

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SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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SCOTUSBlog

JUNE 22, 2023

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.

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The trial court agreed, granting the motion, and summary judgment was affirmed on appeal. In Costner v.

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JURIST

SEPTEMBER 21, 2022

Ireland Tuesday filed a declaration of intervention in the Registry of the Court in the International Court of Justice (ICJ) in the case of Ukraine v. Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Russian Federation.

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Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

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SCOTUSBlog

NOVEMBER 4, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. Court of Appeals for the 11th Circuit upheld Daye’s deportation order.

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Patently O

JULY 19, 2022

The appellate decision altered claim construction and told the PTAB to try its analysis again with the new construction. Not Literally Disclosed : On remand, the patent challenger TCT successfully shifted its argument based upon the Federal Circuit’s new claim construction. I call this the not-literally-disclosed ground.

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SCOTUSBlog

JANUARY 15, 2022

Tax Court of an IRS notice of determination. The case turns on Section 6330(d)(1) of the Internal Revenue Code, which states that a “person may, within 30 days of a determination under this section, petition the Tax Court for review of such determination (and the Tax Court shall have jurisdiction with respect to such matter).”.

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SAV Paralegal Services

JUNE 14, 2021

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. In Coutinho v. Ocular Health Centre Ltd.,

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Day on Torts

FEBRUARY 17, 2022

Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. The Court of Appeals, however, disagreed. In Kelly v.

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SCOTUSBlog

OCTOBER 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Court of Appeals for the 5th Circuit affirmed. United States. New Relist.

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At the Lectern

APRIL 9, 2024

The State Public Defender’s office and several civil rights groups and individuals today filed an original writ petition in the Supreme Court — Office of the State Public Defender v. Supreme Court’s rejection of a statistics-based equal protection argument in McCleskey v. ” (News release here.)

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SCOTUSBlog

OCTOBER 3, 2022

That may change after the Supreme Court hears Arellano v. Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Equitable tolling allows courts, or in this case, an agency, to excuse missed deadlines in some circumstances. McDonough , which will be argued on Tuesday.

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The IP Law Blog

MAY 7, 2021

Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” Motorola Solutions, Inc. ,

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ClimateChange-ClimateLaw

NOVEMBER 6, 2023

Last week, the New York State Supreme Court for New York County dismissed Glen Oaks Village Owners v. The court holds that the CLCPA does not preempt Local Law 97. The Glen Oaks plaintiffs, according to the court, “failed to address” the second part of the two-part test.

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SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Still, there are a number of important patent cases pending before the court. Still, there are a number of important patent cases pending before the court. by Dennis Crouch. Lets talk them through. Qualcomm Incorporated , No. 35 U.S.C. §

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JURIST

SEPTEMBER 28, 2021

The prosecutor of the International Criminal Court (ICC) said Monday he was seeking approval to resume his investigation of war crimes in Afghanistan. ” Khan praised the former government’s “constructive engagement” with his office prior to August 15, the date on which the Taliban seized control of Kabul.

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SCOTUSBlog

DECEMBER 3, 2021

Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme Court will hear oral argument in the case on Monday. Court of Appeals for the 11th Circuit. Share Patel v.

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SCOTUSBlog

OCTOBER 10, 2022

The question before the court is a procedural one, focusing on the deadline for Reed to file a federal civil rights claim challenging the constitutionality of the Texas law governing DNA testing. In 2009, the Supreme Court ruled in District Attorney’s Office v. Reed has consistently maintained that he is innocent.

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Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §

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