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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). A — perhaps the — critical issue in the appeal is whether Ohio law allows such a public-nuisance claim. Tompkins , 304 U.S.
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. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.
These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. The state courts in Florida and Connecticut have become more likely to enforce in recent years. In theory, the fact that the federal courts apply federal common law to this question should produce uniform results across the nation.
It’s a little surprising the court let stand a federal courtdecision invalidating a state statute on constitutional grounds, but animal-rights groups defending that decision argued persuasively that state statutes are in a state of flux and it would be premature for the justices to take up the case now.
Some older Supreme Courtdecisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.
Tracy Harpster, a deputy police chief from suburban Dayton, Ohio, was hunting for praise. When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. Then 43, he had spent most of his career with the Moraine, Ohio, police department. Harpster was rapt.
If the lower courtsdecision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. This article was originally published at Howe on the Court.
While the Supreme Court routinely throws out lower-courtdecisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. Relisted after the Jan. 10 and Jan. 17 conferences.)
United States , 24-275 Issue: Whether a litigant who files a notice of appeal after the ordinary appeal period under 28 U.S.C. Judicial factfinding for restitution Under Apprendi v. Osseo Area Schools, Independent School District No. Relisted after the Jan. 10 conference.) Relisted after the Jan. 10 conference.) Federal Trade Commission v.
Waters’ most recent words could well be cited in the ongoing litigation over the January 6 th riot on Capitol Hill. Ohio , where the Supreme Court stressed that even “advocacy of the use of force or of law violation” is protected unless it is imminent. It is one of a number of lawsuits, including a lawsuit filed by Rep.
In another environmental case, Ohio v. This happened in five other cases making six of the 30 total 5-4 decisions between OT 2020 and OT 2023 or 20% of the time. Empire Health Foundation (2021) and Ohio v. EPA (2023), the Court interpreted federal regulations, such as Medicare reimbursement and environmental rules.
This week, we highlight a number of those petitions the justices are set to consider, seeking review of lower courtdecisions on student-loan forgiveness, the constitutionality of federal agencies, and more. After first unsuccessfully appealing within the agency, Zuch went to tax court to challenge the levy.
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. Ohio Federal Court Remanded Environmental Assessment for Additional Analysis of Hydraulic Fracturing Impacts in Wayne National Forest.
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