SCOTUSBlog

FEBRUARY 21, 2022

Some background about the general compromise that governs that problem sets the stage for this dispute. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. The success of that facility led to proliferation of the business model.

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Statute Government Court Decisions Litigating 112

Hoban Law Group

APRIL 13, 2021

The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list.

Drafting 105

Drafting Statute Government Court Decisions 105

SCOTUSBlog

MAY 28, 2021

The case involves the costs of appellate litigation. Under the “American Rule,” the prevailing party in litigation in the United States ordinarily must pay its own attorney’s fees, absent some statute that calls for a different outcome.

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Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Although the notice letter is a critical aspect of the Hatch-Waxman process, the Federal Circuit found that the letter was not an “act of infringement” as required by the venue statute.

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Statute Manufacturing Court Decisions Court 95

ClimateChange-ClimateLaw

APRIL 18, 2023

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. While a handful of local prohibitions fall within the Ninth Circuit decision’s scope, many more do not. Options that remain available to local governments are addressed in the next section.

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Patently O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. Because of that heavy threshold, a CVSG is typically seen as an important signal that the court is likely to grant certiorari. Qualcomm Incorporated , No. 35 U.S.C. §

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Laws Court Litigating Litigation 95

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

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Contract Laws Statute Litigating 102

FDA Law

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Litigation Litigating Statute Manufacturing 59

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. The trial court denied Tekoh’s motion and admitted his statement.

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Court Government Lawyers Lawyer 102

Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. The Government claims that the easement includes public access, which petitioners dispute.

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Statute Government Entertainment Constitutional Law 52

SCOTUSBlog

JULY 9, 2024

A federal district court in Florida tossed their paperwork, given the requirement in the federal drug statute that third-party petitions to reclaim seized assets “be signed by the Petitioner under penalty of perjury.” The two business owners, the lower court ruled, must forfeit the $9,000.

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Small Business Court Statute Court Decisions 86

FDA Law

JULY 8, 2024

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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Court Rules Cause of Action Court Statute 59

Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. . §5110(a)(1), the VA assigned an effective date of June 3, 2011—the day that the agency received his claim—to Arellano’s disability award.

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Statute Diligence Court Constitutional Law 52

Conflict of Laws

MAY 6, 2024

’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts. .’ That procedure was not immediately apparent.

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Court Statute Laws Litigating 69

JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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Court Decisions Court Statute Government 249

Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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Court Court Decisions Statute Laws 40

FDA Law

APRIL 23, 2021

The Court pointed out that its task was not to determine whether the ability of the FTC to substitute §13(b) for the administrative procedure in §5 and consumer redress under §19 was desirable, but rather to answer a “more purely legal question,” Slip Op. It did that by focusing on the text of the statute. 58 Food and Drug L.J.

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Conflict of Laws

MARCH 10, 2021

Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case. GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”.

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Court Contract Stare Decisis Entertainment 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigating Litigation 59

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

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Contract Court Statute Court Decisions 64

Patently O

DECEMBER 11, 2023

This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. Based on my review of reported decisions, contributory infringement has not played a significant role in pharmaceutical patent litigation, and is redundant in view of the availability of an action for induced infringement.

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Technology Litigating Litigation Construction 45

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. The higher regional Court (Oberlandesgericht) of Frankfurt a.M. found differently.

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Contract Tort Procedural Law Court 10

SCOTUSBlog

MAY 29, 2025

The Supreme Court is making good progress in sorting through the current relists. United States , involving the scope of a statute that gives judges discretion to reduce criminal sentences for extraordinary and compelling reasons. Government contractors defenses to torts The GEO Group, Inc. This week it disposed of four.

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Government Tort Contract Court 85

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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Court Litigating Litigation Attorney 40

Intelligize Blog

JULY 9, 2024

Have you heard about the big Supreme Court decision that came down a couple weeks ago? We’re talking about the one with the power to upend the regulatory system and the balance of power between the executive and judicial branches of the federal government. Last month, the Supreme Court’s holding in Loper Bright Enterprises v.

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Court Decisions Court Statute Administrative Law 109

SCOTUSBlog

APRIL 17, 2025

The district court dismissed Konans claims, finding them barred by the postal exception. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. Court of Appeals for the 5th Circuit reversed , holding that the exception doesnt apply to intentional nondelivery.

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Tort Litigating Litigation Court 96

Conflict of Laws

NOVEMBER 17, 2021

in Singapore, appeal on merits of award is only provided by Arbitration Act governing domestic arbitration and not available in arbitration proceedings under International Arbitration Act. Therefore, the discrepancy between pre-decision opinion and final award does not amount to annulment of the award. [xv]. Preference of Parties.

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Legal Legal Court Laws 40

SCOTUSBlog

DECEMBER 7, 2022

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. The government again seeks review of the 9th Circuit’s holding. Two years ago, in United States v. Hansen appealed to the 9th Circuit.

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Immigration Court Statute Law Firms 102

SCOTUSBlog

APRIL 2, 2025

What words, he asked Bursch, would create such rights, rather than having something like or its functional equivalent, would could lead to another decade of litigation? Representing the federal government, Kyle Hawkins told the justices that their cases emphasized that rights-creating statutes are atypical.

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Court Statute Cause of Action Laws 66

The Volokh Conspiracy

JUNE 30, 2025

Likewise "when the police perform 'community caretaking functions' that are 'totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.'" But the search in this case was obviously related to a criminal investigation, as confirmed by the charges that McMurry later faced.

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Education Divorce Court Lawyers 138

SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Returning Relists.

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Statute Stare Decisis Court Manufacturing 104

Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. 1) The litigation background.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Three trials the district court selected as non-binding “bellwether” trials resulted in plaintiff verdicts. Below we briefly discuss those 14 cases. du Pont de Nemours & Co.

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Tort Court Litigating Litigation 125

SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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SCOTUSBlog

APRIL 22, 2022

Share The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. Georgia, by contrast, argues that Nance must bring the Eighth Amendment claim under the federal habeas statutes.

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Litigation Litigating Statute Constitutional Law 110

SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents.

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