SCOTUSBlog

JANUARY 8, 2025

Thompson used the money to make an equity contribution to the law firm where he had just become a partner, to pay off a tax bill, and to repay money that he owed a different bank, but he did not sign any paperwork for the second and third loans.

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Court Depositions Government Law Firm 110

Constitutional Law Reporter

APRIL 14, 2025

According to the appeals court, holding otherwise would give businesses a blueprint for using corporate formalities to insulate their infringement from financial consequences. Supreme Courts Decision The Supreme Court disagreed. The Court went on to find that background principles of corporate law support its holding.

Court Rules 52

Court Rules Real Estate Court Court Decisions 52

Constitutional Law Reporter

APRIL 22, 2025

Supreme Court held that a case voluntarily dismissed without prejudice under Federal Rule of Civil Procedure 41(a) counts as a final proceeding under Federal Rule of Civil Procedure 60(b). The Courts decision was unanimous. Supreme Courts Decision The Supreme Court reversed by a vote of 9-0.

Court Decisions 52

Court Decisions Court Constitutional Law Statute 52

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 Constitutional Law Court 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 109

Contract Laws Statute Litigation 109

JURIST

NOVEMBER 30, 2022

Called the Alberta Sovereignty within a United Canada Act , the proposed legislation empowers the provincial cabinet to dismiss federal laws, programs, and policies. The Alberta Sovereignty Act originated as a plank of the Free Alberta Strategy , and sought to empower the government to ignore court decisions as well.

Government 104

Government Laws Statute Education 104

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.

Law Firms 111

Law Firms Law Firm Case Management Laws 111

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 107

Court Manufacturing Government Litigation 107

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 Litigation Litigating 95

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.

Laws 103

Laws Court Government Statute 103

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 98

Statute Malfeasance Court Decisions Divorce 98

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

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.

Tort 75

Tort Court Statute Court Decisions 75

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?

Court Decisions 44

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

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 110

Statute Government Court Decisions Litigation 110

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 Litigation Litigating 94

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.

Statute 102

Statute Construction Court Administrative Law 102

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).

Statute 103

Statute Technology Court Court Decisions 103

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 Litigation Litigating 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.

Manufacturing 59

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

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.

Statute 98

Statute Education Court Decisions Court 98

Hoban Law Group

APRIL 13, 2021

Recent developments have made it even more attractive — for example, the basis for the argument of unconstitutionality of §280E has recently and ably been outlined by the judiciary in three dissenting opinions to a 2019 Tax Court decision (For a summary, see: [link] ). appeared first on Hoban Law Group.

Drafting 105

Drafting Statute Government Court Decisions 105

Patently O

APRIL 22, 2021

The statute provides no guidance, but the doctrine seems to have its origin in the property law doctrine of estoppel-by-deed that normally accompanies a warranty deed (although sometimes a quitclaim deed). Note here that the parties appear to disagree about the scope changes and Truckai’s involvement. Formica Insulation Co. ,

Court 118

Court Contract Statute Court Decisions 118

Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

Stare Decisis 52

Stare Decisis Court Statute Construction 52

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.

Government 117

Government Court Laws Statute 117

Patently O

FEBRUARY 20, 2023

And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility. The recent decision in Hawk Tech Sys. 208 (2014).

Technology 90

Technology Court Decisions Court Statute 90

SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Court of Appeals for the 9th Circuit. From 2012 to 2016, Hansen earned an estimated $1.8

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Immigration Statute Government Tort 78

Broadcast Law Blog

APRIL 25, 2013

This week, the Chairman of the US House of Representatives Judiciary Committee issued a press release stating that he intends that the Committee do a thorough reexamination of the Copyright Act , noting that new technologies stemming from digital media have upset many settled expectations in Copyright Law, and confused many issues.

Court Decisions 40

Court Decisions Court Statute Technology 40

SCOTUSBlog

FEBRUARY 21, 2022

He was arrested and charged by a federal law enforcement officer with violations of the Ute Mountain Ute Tribal Code and the U.S. In December 2017, Denezpi entered an Alford plea to a single count of assault and battery, a criminal offense under the tribal code, before the Court of Indian Offenses. Code of Federal Regulations.

Court 103

Court Government Statute Laws 103

Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. ,

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Court Laws Cause of Action Constitutional Law 52