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

LawSites

JULY 27, 2022

“Give me solid precedent,” the judge is likely to say, “cases and statutes and respected authorities.” They describe their findings in a new paper released today, Trial by Internet: A Randomized Field Experiment on Wikipedia’s Influence on Judges’ Legal Reasoning. Influence on Decisions.

Legal 105

Legal Legal Statute Court 105

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. citizens to pursue legal claims over human rights abuses at U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

Tort 75

Tort Court Statute Court Decisions 75

SCOTUSBlog

JANUARY 9, 2022

In that case, the Medicaid statute obligates the state to “seek reimbursement” from the person who committed the tort, and it requires (in 42 U.S.C. Prior Supreme Court decisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses. Another provision ( 42 U.S.C.

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Tort Statute Government Court Decisions 101

Mondaq

OCTOBER 6, 2021

Employers can find themselves defending claims from the same aggrieved worker in multiple legal proceedings as a result of a new Divisional Court decision.

Statute 40

Statute Court Decisions Court Legal 40

CARET Legal

JULY 11, 2024

Unlike other legal matters that may resolve within a few months, employment cases can drag on for years. For example, a law firm failed to properly track the statute of limitations for a client’s discrimination claim. This is where a legal practice management software (LPMS) can be a game-changer.

Law Firms 111

Law Firms Law Firm Case Management Laws 111

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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Statute Construction Court Administrative Law 102

MyCase

SEPTEMBER 25, 2023

Whether you’re brand new to practicing law or a seasoned pro, effective legal research is one of the cornerstones of being a successful lawyer. Throughout your career, legal research skills can help you stay abreast of evolving precedent. What is Legal Research? Specific laws and decisions also are subject to change over time.

Legal Research 52

Legal Research Legal Legal Case Management 52

Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. What has not been addressed are the potential legal issues that this "third party" money may pose for broadcasters during the course of political campaigns. In fact, the Communications Act forbids a station from censoring a candidate ad.

Court Decisions 62

Court Decisions Court Felony Statute 62

Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. This is the first case that Aereo itself has lost, also winning a favorable decision from a District Court in Boston which essentially followed the Second Circuits reasoning (see our summary of the Boston decision here ).

Court Decisions 44

Court Decisions Court Laws Statute 44

Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Instead, the relevant legal duty is the duty to file reports.”

Court 59

Court Statute Government Calendaring 59

ClimateChange-ClimateLaw

APRIL 18, 2023

But local governments operate under varying legal parameters, and the Ninth Circuit decision has different implications for different building electrification requirements depending on location, legal landscape, and policy approach. This post is not expressing a legal opinion on Ithaca’s code.) Under EPCA, the U.S.

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Construction Government Legal Legal 122

FDA Law Blog

JULY 8, 2024

The Seventh amendment provides that in “suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States.” The Court asserts that its ruling is limited to civil penalty suits for fraud.

Court Rules 59

Court Rules Cause of Action Court Statute 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

MAY 10, 2023

While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). Younger : The cases centers onthe preservation of legal claims for appeal. Parties may appeal only from “final decisions of the district courts.”

Government 59

Government Statute Court Legal 59

Broadcast Law Blog

FEBRUARY 14, 2010

This has prompted some questions about how this decision would affect services such as Pandora , Slacker, Accuradio and other Internet radio companies - would it deny them access to substantial amounts of music? Launchcast service was not interactive within the meaning of the statute, despite having some degree of user influence.

Statute 69

Statute Court Decisions Legal Legal 69

Broadcast Law Blog

AUGUST 21, 2009

By determining that the service is not interactive, the service need only pay the SoundExchange statutory royalty to secure permission to use all legally recorded and publicly released music. This was important in the Court’s analysis. ” It is clear that Launchcast did not allow a user to request and hear a specific song.

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Court Statute Court Decisions Technology 56

FDA Law Blog

SEPTEMBER 29, 2021

HRSA based its opinion on the statute and agency precedents over the last 25 years. Federal Court Found HRSA’s Advisory Opinion Was Based on Faulty Legal Grounds. Because “the agency wrongly believes that interpretation is compelled by Congress,” the court refused to give agency deference to HRSA. Becerra , No.

Litigation 52

Litigation Litigating Manufacturing Contract 52

SCOTUSBlog

MARCH 3, 2025

In the same vein, talking with Carter Phillips,representing the India-owned defendant, Elena Kagan first tried to confirm that he was unwilling to defend the lower courts decision: Have you given up on that? Why, he asked, shouldnt the court simply throw out the lower courts ruling and send the case back to the 9th Circuit?

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Court Contract Court Rules Government 92

SCOTUSBlog

JULY 9, 2024

Both signed affidavits explaining that the money belonged to them and had been sent as payment for legal electronics, not drugs. In a previous ruling, the court of appeals had concluded that the 30-day statutory deadline is mandatory, with no room for flexibility.

Small Business 85

Small Business Court Statute Court Decisions 85

SCOTUSBlog

JANUARY 19, 2022

But lower courts are divided about what factors they should consider when a prisoner who was convicted of a pre-2010 crack-cocaine offense seeks a new sentence under the First Step Act. Some courts look solely at the revised statutory penalties for crack cocaine to decide whether a new sentence is warranted.

Laws 103

Laws Court Government Statute 103

Diane Drain

DECEMBER 31, 2020

It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. It will take years, if ever, to uncover what this latest bill (5,600 pages of legal mumble-jumble) hides.

Small Business 104

Small Business Contract Statute Government 104

SCOTUSBlog

FEBRUARY 16, 2024

The legality of LD-15, which had an approximately 51.5% Both cases are now before the Supreme Court. Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction.

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Court Laws Statute Court Decisions 115

FDA Law Blog

FEBRUARY 27, 2024

Part 1: Multiple PTEs Under the PTE statute at 35 U.S.C. § For years after the enactment of the Hatch-Waxman Amendments the PTO interpreted the PTE statute to permit multiple PTEs, provided there are separate, but not necessarily different, regulatory review periods. 351, 355-56 (1985). 156(d)(5) (see our prior post here.)

Statute 59

Statute Court Decisions Court Laws 59

Patently O

OCTOBER 5, 2022

The 4th Circuit noted a second problem–the statute provides discretionary authority (“the district court … may order …”), and here discretion was properly denied. The opinion conflicts with the Second Circuit’s decision in In re del Valle Ruiz , 939 F.3d 3d 520 (2d Cir.

Litigating 61

Litigating Litigation Statute Court 61

Conflict of Laws

MAY 17, 2023

The United States legal system is immensely complex. There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. In theory, the fact that the federal courts apply federal common law to this question should produce uniform results across the nation.

Court 52

Court Statute Lawyers Lawyer 52

JonathanTurley

MARCH 24, 2022

Putting aside the legal and linguistic problems with that position, most of the media and legal experts have simply shrugged and moved on. Indeed, it was treated as racist to even note that Jackson’s record does not offer a clear judicial philosophy on the interpretation of the Constitution or statutes.

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Statute Diligence Legal Legal 48

SCOTUSBlog

JUNE 15, 2021

922(g) , the federal statute barring people with prior felony convictions from possessing firearms, the government must prove that the defendant knew he was a felon at the time he possessed a firearm. Common sense,” he continued, suggests that most people with felony convictions are aware of their legal status as convicted felons.

Felony 103

Felony Court Government Misdemeanor 103

Patently O

AUGUST 18, 2022

In particular, if you look at the estoppel statute, it appears to apply only to claims that were part of the inter partes review. The court identifies this case as a unique situation resulting from an intervening Supreme Court decision. ” But Ingenio argues that the error was harmless.

Litigating 75

Litigating Litigation Court Statute 75

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. The agreement provided that disputes arising out of or in connection with the agreement would be subject to the exclusive jurisdiction of the courts of England and Wales.

Court 69

Court Laws Contract Court Decisions 69

FDA Law Blog

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.

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Court Statute Punitive Damages Government 40

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Dickerson put the kibosh on an unconstitutional federal statute that, effectively, sought to overrule Miranda. Share Miranda v. 3) Goodbye, Miranda ? 4) Proximate cause says what? 5) What about the costs?

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Court Government Lawyers Lawyer 102

Constitutional Law Reporter

MARCH 14, 2023

Buckley then filed an adversary complaint in the bankruptcy proceeding, alleging that the debt owed him on the state-court judgment was non-dischargeable under the Bankruptcy Code’s exception to discharge of “any debt…for money…to the extent obtained by…false pretenses, a false representation, or actual fraud.”

Court 52

Court Constitutional Law Statute Court Decisions 52

Conflict of Laws

APRIL 1, 2025

Marshall critically examined the UK Supreme Court decision in UniCredit Bank v RusChemAlliance, demonstrating how the choice of law matters affect the international jurisdiction of English courts. She exemplified her views by reference to statutes of limitation.

Laws 45

Laws Family Law Legal Legal 45

Constitutional Law Reporter

APRIL 10, 2024

The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

Court 52

Court Cause of Action Government Court Rules 52

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).

Contract 64

Contract Court Statute Court Decisions 64

Conflict of Laws

MARCH 10, 2021

If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ? Our courts should be in charge of their own proceedings. The Nigerian Court of Appeal has delivered three reported decisions on choice of court agreements in the year 2020.

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Court Contract Stare Decisis Entertainment 52