JURIST

APRIL 5, 2021

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. The court overturned a Charlottesville Circuit Court decision in favor of a group of residents who sued to block the city from taking down statues of General Lee and General Thomas Jackson.

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Law 360

JULY 5, 2024

Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

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FDA Law Blog

SEPTEMBER 30, 2022

As we reported, on November 5, 2020, the District Court held that the relator could not plausibly plead the requisite scienter because Forest’s interpretation of the ambiguous statute was objectively reasonable and CMS did not warn Forest away from that interpretation through authoritative guidance. Burr , 551 U.S.

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Broadcast Law Blog

JULY 16, 2021

The court looked at other issues in its comprehensive decision, including an argument that the copyright holder waited too long to sue (rejected, as the suit was brought within the 3-year statute of limitations) and arguments that any harm was “de minimis” and did not justify a lawsuit.

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At the Lectern

FEBRUARY 25, 2021

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. Coverage of the decision: Bob Egelko in the San Francisco Chronicle.

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Conflict of Laws

JUNE 26, 2024

Maggie Gardner ( Cornell Law School ) will speak, in English , about the topic Beyond the Presumption Against Extraterritoriality For the last decade, the debate over prescriptive jurisdiction in the United States has been monopolized by the Supreme Court’s rejuvenated presumption against extraterritoriality. Under this framework, U.S.

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SCOTUSBlog

FEBRUARY 23, 2023

The statute, though, contains several exceptions to the discharge, generally describing debts that Congress regarded as so important or reflecting such objectionable behavior that it is inappropriate for the debtor to discharge them. For Barrett, the case begins and ends with the language of the statute.

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Mondaq

MAY 9, 2022

Supreme Court decision issued last week barring the. Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S.

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Healthcare Statute Court Decisions Court 40

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. The Biden administration appealed this decision to the US Supreme Court. Justice Lidia S.

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At the Lectern

NOVEMBER 18, 2024

When a Court of Appeal found untimely a motion to vacate a nine-year-old default judgment for improper service, it concluded that, although the applicable statute (Code of Civ. Well, case law doesn’t anymore, not after today’s Supreme Court decision in California Capital Insurance Company v.

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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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Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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SCOTUSBlog

MARCH 20, 2023

On dilution (under the federal Trademark Dilution Revision Act), the court held that VIP was protected by an exception for “noncommercial” uses. In its brief in the Supreme Court, Jack Daniel’s is scorching in its criticism of the 9th Circuit’s reading of federal trademark statutes.

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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.

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall.

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Court Government Statute Court Decisions 211

Conflict of Laws

OCTOBER 2, 2023

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.” Contrary to this popular view, this work argues that the Igiogbe custom can be displaced by statute and other customary or religious laws.

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SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit ruled that Reed should have filed his lawsuit within two years of the trial court’s decision denying his request for DNA testing. On Wednesday, the court reversed that decision. This article was originally published at Howe on the Court.

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Mondaq

MARCH 16, 2022

In this appeal, the Ninth Appellate District affirmed the trial court's decision, agreeing that the alleged agreement was barred by the Statute of Frauds under R.C. as it was.

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Statute Court Decisions Court 40

SCOTUSBlog

DECEMBER 3, 2022

Bartenwerfer points first to the court’s articulation of a clear-statement rule, under which the exceptions to discharge are narrowly limited to those that are “plainly expressed” in the statute. Turning from the literal text to the broader statutory context, Bartenwerfer emphasizes the next subparagraph of the statute.

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At the Lectern

JULY 18, 2024

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.” The court reverses the First District, Division Two, Court of Appeal’s 2-1 published opinion.

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Cause of Action Statute Court Decisions Court 45

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

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Manufacturing Statute Court Decisions Court 57

SCOTUSBlog

NOVEMBER 12, 2024

Court of Appeals for the 9th Circuit allowed the action to proceed, and the Supreme Court agreed to review the matter. At issue in the case is the Private Securities Litigation Reform Act, a statute adopted in 1995 to stem securities class actions.

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Court Statute Manufacturing Court Decisions 85

SCOTUSBlog

MAY 23, 2022

The case pitted the language of the Anti-Terrorism and Effective Death Penalty Act of 1996, which generally prohibits federal courts from holding an evidentiary hearing on these kinds of claims if the prisoner “has failed to develop the factual basis of a claim in State court proceedings,” against a 2012 Supreme Court decision, Martinez v.

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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 111

JURIST

APRIL 24, 2021

United States the Court held that in order to convict someone under the statute, the government must prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from possessing firearms. Decisions in both cases should come this summer. Two years ago in Rehaif v.

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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

Intelligize Blog

JULY 9, 2024

Have you heard about the big Supreme Court decision that came down a couple weeks ago? For roughly 40 years, administrative law in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., Last month, the Supreme Court’s holding in Loper Bright Enterprises v.

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Court Decisions Court Statute Administrative Law 109

SCOTUSBlog

JANUARY 10, 2022

The Supreme Court previously held that the post-removal statute contains an implicit time limit. Davis , a 2001 decision, the court read that provision to prohibit detention beyond six months for noncitizens ordered removed when their removal is not “reasonably foreseeable.” In Zadvydas v. Rodriguez and Johnson v.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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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.

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Court Decisions Statute Court Litigating 103

Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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Court Rules Court Cause of Action Statute 52

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.

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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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FDA Law Blog

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 57

Constitutional Law Reporter

NOVEMBER 5, 2024

A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing]. Trevino brought this incident to the city police’s attention, and an investigation into these events soon began.

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Constitutional Law Reporter

JUNE 17, 2024

Supreme Court held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. We hold that no such limit on damages exists.”

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. . The word ‘account’ does not even appear,” he wrote.

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