This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. This case will determine how those provisions apply specifically to future medical expenses.
CACI was appealing a lower courtdecision that favored the Iraqi men in 2019. law named the Alien TortStatute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien TortStatute to cover conduct that occurred in the U.S. The men filed their lawsuit in 2008 under the 1789 U.S.
The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-courtdecision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-courtdecision 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.
Several of them are sequels to earlier high courtdecisions. First Amendment The current court is very solicitous of First Amendment rights. King sued them under the Federal Tort Claims Act and under Bivens v. The district court dismissed both, King appealed only the Bivens action, and the U.S.
Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. The Cologne courtdecision combined several precedents of the German Federal Court and the European Court of Justice. Recent decisions have clarified some issues.
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.) Relisted after the Jan. 10 and Jan 17 conferences.)
The question before the court involves the RICO clause that requires the claimant to show that it has been injured in [it]s business or property. The defendants also urge the court to look to antitrust cases requiring allegations of business or property injuries to track common-law torts.
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.
Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request.
A series of Supreme Courtdecisions have weighed in on the 1971 laws campaign-spending rules. Valeo , the court struck down the limits on independent expenditures but generally upheld the limits on contributions. United States should be extended to bar claims under statutes other than the Federal Tort Claims Act.
In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Courtdecision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow.
Environmental Protection Agency to regulate greenhouse gases, and that this authority may prove central to addressing climate change under the statute. Indeed, the plain meaning of the statute, its structure, and its purposes all support the Second Circuit’s conclusion. A summary is available here.)
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.
Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. In re Enbridge Energy, LP , Nos.
In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content