JURIST

JUNE 7, 2023

The case resulted from Bryan Range’s appeal from the US District Court for the Eastern District of Pennsylvania. Hardiman authored the opinion of the court. The court ruled that under new US Supreme Court precedent from New York State Rifle & Pistol Association, Inc. Circuit Judge Thomas M.

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Court Rules Court Statute Government 197

JURIST

APRIL 16, 2021

The Wisconsin Supreme Court ruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. As a result, the court held that “Emergency Order 3 should have been promulgated according to rulemaking procedures set forth in Wis.

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Court Rules Court Statute Government 164

JURIST

FEBRUARY 4, 2021

In a unanimous decision on Wednesday, the US Supreme Court ruled that the heirs of Jewish art dealers cannot bring a lawsuit in US courts against Germany over the alleged forced sale of art and artifacts under the Nazi regime. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.

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Court Rules Court Statute Laws 194

JURIST

DECEMBER 21, 2020

Hong Kong’s Court of Final Appeals ruled on Monday that the government-mandated mask ban, instituted in October 5, 2019, is constitutional. During the anti-government protests , which have largely died down, many demonstrators wore masks to hide their identities from authorities and to protect themselves from tear gas.

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Court Rules Court Government Statute 153

JURIST

DECEMBER 11, 2020

The US Supreme Court ruled Thursday in United States v. Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes. Justice Samuel Alito authored the opinion.

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Court Rules Court Statute Laws 128

JURIST

JUNE 15, 2023

The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. The court issued three findings in its Thursday decision. The court first heard oral arguments in the case back in November 2022.

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Court Rules Court Family Law Statute 118

JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.

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Laws Government Constitutional Law Statute 270

JURIST

JULY 4, 2024

The Supreme Court of Japan ordered the Japanese government to compensate victims of forced sterilization after holding that the now-defunct Eugenic Protection Law was unconstitutional. The decision was a unified decision on five different appeals from Tokyo , Sendai , Sapporo , and Osaka.

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Laws Court Statute Lawyers 197

SCOTUSBlog

JUNE 22, 2023

Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. Gorsuch would have framed the issue before the court as a matter of applying the canons of construing Indian treaties.

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Court Rules Court Government Litigation 139

JURIST

DECEMBER 21, 2021

The UK Supreme Court Monday allowed an appeal by Venezuelan opposition leader Juan Guaidó in a dispute over whether he or President Nicolás Maduro has control over more than US $1 billion of Venezuela’s international gold reserves held by the Bank of England. The UK government considered this election deeply flawed.

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Court Statute Government Court Rules 173

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). When a relator files a complaint, the Government gets an initial opportunity to intervene in the case.

Court Rules 104

Court Rules Court Government Statute 104

JURIST

JUNE 7, 2021

The US Supreme Court ruled unanimously on Monday on an immigrant status case regarding noncitizens seeking to change their immigration status from temporary protected status (TPS) to lawful permanent residency.

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Immigration Court Court Rules Statute 188

SCOTUSBlog

JUNE 13, 2022

Share In a pair of cases on Monday, the Supreme Court ruled against non-U.S. Pursuant to the post-removal order statute, 8 U.S.C. 1231 , the government detained him. Pursuant to the post-removal order statute, 8 U.S.C. 1231 , the government detained him. The first case, Johnson v.

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Immigration Court Rules Statute Court 98

JURIST

OCTOBER 7, 2021

The court delivered the landmark decision in an appeal filed by the Municipal Corporation of Greater Mumbai against an NGT order on waste disposal that was issued after the NGT took suo moto cognizance of an article published by an online news source.

Court Rules 104

Court Rules Court Government Statute 104

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. The post Court rules against plaintiff seeking emotional distress damages for discrimination appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

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Court Rules Contract Court Statute 98

SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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HowAppealing

JUNE 20, 2024

“A dispute between Egg Harbor and a popular restaurant has just been settled by the Wisconsin Supreme Court; The Door County village condemned a strip of property at Shipwrecked Brewpub to build a sidewalk, which the property owner claimed was illegal by state statute”: Christopher Clough of The Green Bay Press-Gazette has this report.

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Statute Court Rules Court Government 100

JURIST

DECEMBER 30, 2022

The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.

Court Rules 104

Court Rules Court Laws Statute 104

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

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Government Court Litigation Litigating 104

Constitutional Law Reporter

JULY 23, 2024

As enacted in 1984, the statute at issue in the case, 18 U.S.C. Justice Kavanaugh cited that six reasons that, taken together, led the Court to conclude that §666 is a bribery statute and not a gratuities statute—”text, statutory history, statutory structure, statutory punishments, federalism, and fair notice.”

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Statute Court Rules Court Contract 52

SCOTUSBlog

MAY 16, 2023

Share In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The court’s conclusion is not entirely surprising.

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Court Rules Court Immigration Litigation 103

SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., Twyford disagrees.

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Statute Court Rules Court Litigation 93

SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday ruled that a Turkish bank can be prosecuted in U.S. courts for its role in a conspiracy to evade U.S. But the court left the door open for the bank to press a different immunity argument in the lower courts. This article was originally published at Howe on the Court.

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Court Rules Laws Court Punitive Damages 99

Law 360

JULY 30, 2024

Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, saying the government's allegations do not rely on gratuities, so "this dog will not hunt." Prosecutors accusing former Illinois House Speaker Michael Madigan of corruption said Monday night his case is unaffected by the U.S.

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Statute Court Rules Government Court 98

The Crime Report

JUNE 29, 2022

50 years ago today, the Supreme Court in their opinion on Furman v. The decision forced federal and state governments to review their statutes to ensure that administration of the death penalty did not discriminate and was applied consistent to the Eight Amendment, prohibiting cruel and unusual punishment.

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Court Rules Court Statute Government 96

JURIST

MARCH 8, 2023

In Wimes’ opinion and order, the court ruled that SAPA is “unconstitutional in its entirety.” ” The court ruled that SAPA violates the Supremacy Clause because it tries to invalidate federal law. Under the doctrine, state legislatures cannot invalidate or disregard federal statutes.

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Laws Court Rules Statute Court 118

Constitutional Law Reporter

FEBRUARY 23, 2021

The heirs allege that when the Nazi government rose to power, it unlawfully coerced the consortium into selling the collection to Prussia for a third of its value. 108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.”

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Court Rules Court Government Laws 89

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. 1983 against a state or local government actor who created the danger of that injury. In 1978’s Monell v.

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Government Tort Court Rules Court 89

JonathanTurley

JUNE 20, 2024

However, Wisconsin has strong protections for home owners, including statutes expressly stating that the power of eminent domain must be “ strictly construed ” against the government. Moreover, there is a statute that expressly bars the use of eminent domain to take property to for “pedestrian way[s].”

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Court Rules Statute Court Construction 68

SCOTUSBlog

JANUARY 24, 2025

Indeed, Roberts reflected, when the whole point of the governments inquiry in deciding whether to grant or deny marketing authorization is whether the products will be sold to the public, the retailers might be the most likely people to challenge the denial of authorization. The government gets sued in a lot of places, she noted.

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Court Manufacturing Government Litigation 80

SCOTUSBlog

MAY 1, 2023

Natural Resources Defense Council , the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron. Share Nearly 40 years ago, in Chevron v.

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Compensatory Damages Court Statute Court Rules 141

JURIST

MAY 22, 2023

HB 1, enacted in 2021, created new criminal penalties for protestors, prohibited state grants to any government entity that attempted to defund the police and denied bond to anyone who participated in a disorderly assembly until their first court appearance. A federal court ruled it unconstitutional in March.

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SCOTUSBlog

JANUARY 18, 2021

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. Baltimore asked the district court to send the case back to state court, and the district court agreed. This conclusion, the companies contend, flows from the plain text of 28 U.S.C.

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Statute Court Reporting Court Court Reporter 121

SCOTUSBlog

APRIL 22, 2021

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

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Administrative Law Statute Court Rules Government 102

SCOTUSBlog

JUNE 7, 2021

Share The Supreme Court unanimously ruled on Monday that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v.

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Immigration Government Statute Court Rules 132

FDA Law Blog

JULY 8, 2024

By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. 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. Jarkesy.

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Court Rules Cause of Action Court Statute 59

Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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Court Rules Court Cause of Action Statute 52