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Court rules unanimously that tax deadline is subject to equitable tolling

SCOTUSBlog

The court’s opinion confirms this view. The Boechler opinion requires that Congress make a “clear statement” to produce a jurisdictional statute. Because the statute is not jurisdictional, it is not exempt from equitable tolling, which by default applies to non-jurisdictional limitations periods under Irwin v.

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Case preview: Justices to consider procedural issue in major climate-change lawsuit

SCOTUSBlog

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. A remand order, the companies reason, “is a written command or direction that the case must be returned to state court”; it “necessarily rejects” all of the grounds for removal on which the defendant relied.

Statute 133
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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

When Suri responded no, she suggested that Congress could have simply drafted the law to refer to the applicant instead, and she noted that Congress had done exactly that for a different provision, involving judicial review for decisions requiring the withdrawal of tobacco products from the market.

Court 104
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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

Court 145
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Justices lean toward split decision for suits challenging misleading securities registration statements

SCOTUSBlog

Pirani suggest a court leaning toward a split decision, rejecting liability under only one of the two securities-law statutes at issue in the case. Slack Technologies asks the court to apply two provisions of the Securities Act of 1933 to a relatively new method of going public known as a “direct listing.”

Statute 103
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LawProse Lesson 388: A Prewriting Checklist for Effective Legal Writing.?

Law Prose

or rule-establishing (contracts, regulations, statutes, etc.). Identify all applicable specifications (court rules, client requirements, etc.). Draft an outline. .); persuasive (briefs, motions, etc.); Define why you’re writing the piece—the precise result you seek. Determine the desired length.

Legal 40
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Malpractice for Missed Deadlines: A Litigator’s Constant Fear (& How to Curb It)

CARET Legal

The court rules in favor of the opposing party, and your client loses the case. Missed deadlines can include missed statutes of limitations, missed deadlines to obtain alias and pluries summons, missed discovery deadlines, and missed appellate deadlines. By the time you realize your mistake, it’s too late.