Constitutional Law Reporter

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. As enacted in 1984, the statute at issue in the case, 18 U.S.C. In Snyder v. United States , 603 U.S. _ (2024), the U.S.

Statute 52

Statute Court Rules Court Contract 52

Constitutional Law Reporter

SEPTEMBER 23, 2024

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U.

Statute 52

Statute Cause of Action Court Constitutional Law 52

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” In Durbin v.

Statute 52

Statute Healthcare Court Constitutional Law 52

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. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 104

Contract Laws Statute Litigating 104

SCOTUSBlog

MARCH 6, 2025

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Court decisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence.

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Court Attorney Laws Government 101

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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Statute Legal Legal Court 118

CARET Legal

JULY 11, 2024

To overcome the administrative challenges of employment law cases, your firm must adopt a systematic, structured approach to case management. Managing employment law cases that span multiple years can be overwhelming. For example, a law firm failed to properly track the statute of limitations for a client’s discrimination claim.

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Law Firms Law Firm Case Management Laws 111

Conflict of Laws

OCTOBER 2, 2023

A new conflict of laws article was just published today on the African Journal of International and Comparative Law. It is titled: CSA Okoli, A Yekini & P Oamen, “The Igiogbe Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions.”

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Laws Court Decisions Litigating Litigation 64

SCOTUSBlog

JANUARY 19, 2022

Share Four years ago, Congress passed the First Step Act , a bipartisan criminal-justice law that aimed to reduce overly severe sentences. Last year, the Supreme Court trimmed the scope of that law, unanimously ruling that one of its reforms does not apply to certain low-level crack-cocaine offenders. The case, Concepcion v.

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Laws Court Government Statute 106

Patently O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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Laws Court Litigating Litigation 95

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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Court Statute Cause of Action Government 105

SCOTUSBlog

JANUARY 24, 2025

In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. Suri countered that the provision merely directs courts to determine, based on the laws structure, who is adversely affected. RJR Vapor filed an application for permission to sell its popular menthol-flavored Vuse brand e-cigarettes.

Court 101

Court Manufacturing Government Litigating 101

FDA Law Blog

JUNE 15, 2022

Circuit, but today, the Supreme Court reversed again and upheld the District Court’s opinion in American Hospital Assn v. Writing for a unanimous court, Justice Kavanaugh explained that the Medicare statute provides CMS a choice between two options on how to set reimbursement rates for drugs provided in the hospital outpatient setting.

Statute 52

Statute Court Court Decisions Healthcare 52

SCOTUSBlog

DECEMBER 3, 2022

Dissatisfied with the purchase, Buckley eventually obtained a judgment in a California state court based on the failure of the Bartenwerfers to disclose information about the house on the standard-form Transfer Disclosure Statement. The statute refers to the discharge of “any” debt obtained by “fraud.”

Statute 95

Statute Malfeasance Court Decisions Divorce 95

SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.

Court Decisions 107

Court Decisions Statute Court Litigating 107

The Crime Report

JUNE 29, 2021

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S. The men filed their lawsuit in 2008 under the 1789 U.S.

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Tort Court Statute Court Decisions 75

SCOTUSBlog

FEBRUARY 21, 2022

That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. In 1983, responding to a lower-court decision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.

Statute 116

Statute Government Court Decisions Litigating 116

SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. However, if the statutory language is ambiguous, the court turns to step two. In 2020, the U.S.

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Statute Construction Court Administrative Law 104

Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. Oral arguments in the Supreme Court are to be held in April, with a decision in the case expected before the Court adjourns for its summer recess in July. Does this Utah decision serve as a preview of the upcoming Supreme Court decision?

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Court Decisions Court Laws Statute 44

Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Alex Mills, Party Autonomy in Private International Law (CUP, 2018) p. The parties also agreed that English law should be the governing law.

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Court Laws Contract Court Decisions 69

Patently O

SEPTEMBER 29, 2021

The statute would create a rebuttable presumption of consolidation. The new statute would list factors that a district court should consider when determining whether or not to grant a stay, all the changes would tend to promote stays of the litigation. Expanding the Scope of Inter Partes Review. ” More Powerful Stays. .”

Statute 94

Statute Court Decisions Litigating Litigation 94

At the Lectern

NOVEMBER 2, 2021

Malcolm Maclachlan reports in today’s Daily Journal about impending state legislation to change the name of the UC Hastings law school because of recent focus on the institution’s founder, Serranus Hastings. In 1878, he donated $100,000 of his considerable wealth to found Hastings College of Law. 276-280, 348-350.).

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Laws Law School Education Statute 56

SCOTUSBlog

JUNE 1, 2023

Often, as in this case, there is a registration statement, because other provisions of the securities laws obligate some, but not all, of those shareholders to register their shares before selling them. Osofsky , authored by the renowned Judge Henry Friendly (for whom Chief Justice John Roberts was a law clerk).

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Statute Technology Court Court Decisions 104

SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Why it did so reveals some key insights into how the Sixth Circuit thinks about state-law certification. Purdue Pharma L.P.,

Compensatory Damages 64

Compensatory Damages Laws Litigating Litigation 64

Conflict of Laws

JUNE 26, 2024

On Tuesday, July 2, 2024, the Hamburg Max Planck Institute will host its 46th monthly virtual workshop Current Research in Private International Law at 2:00 pm – 3:30 pm (CEST). statutes that do rebut the presumption at step one? This survey of lower federal court decisions shows that U.S.

Statute 52

Statute Law School Court Decisions Court 52

FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C.

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Manufacturing Contract Statute Court 59

Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad.

Court Decisions 62

Court Decisions Court Felony Statute 62

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. Two years ago, in United States v. Our first new relist this week, United States v. Hansen , squarely raises that First Amendment challenge.

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Immigration Court Statute Law Firms 103

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. Next up is Kelly v.

Statute 107

Statute Stare Decisis Court Manufacturing 107

SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Mirow and Howard Wasserman. And what should happen when a criminal defense attorney performs poorly?

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Court Constitutional Law Lawyer Lawyers 126

SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. 1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights.

Litigating 114

Litigating Litigation Statute Constitutional Law 114

SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Joseph Greenlee is the director of constitutional studies at FPC Law. Until Bruen , this judicial interest-balancing test — the “two-part test” — was the prevailing test throughout the lower courts.

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Government Court Laws Statute 124

The Crime Report

SEPTEMBER 2, 2022

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. This time the court’s verdict was less equivocal, though no less divided. Austin Sarat.

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Statute Lawyer Lawyers Court 105

SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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Court Statute Government Laws 75

Constitutional Law Reporter

AUGUST 13, 2024

Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. 922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. In United States v. Rahimi , 602 U.S. _ (2024), the U.S.

Laws 52

Laws Court Constitutional Law Statute 52

The Crime Report

OCTOBER 5, 2022

A lower court decided that the maps did violate Section 2. Still, the state challenge brings the dispute to the Supreme Court, arguing that the lower court decision would, instead of repairing an abridgment of voting rights, force the state to create discriminatory maps – this time in Black Alabamian’s favor.

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Statute Education Court Decisions Court 98

SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigating Litigation Court Attorney 105