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 case, Santos-Zacaria v.

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The Crime Report

OCTOBER 11, 2022

The Supreme Court has agreed to hear the case of Rodney Reedy, a Black death row inmate seeking post-conviction DNA evidence to prove his innocence, reports Ariane de Vogue for CNN. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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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. 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.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Accordingly, the Court interpreted the FSIA as it does other statutes affecting international relations: to avoid, where possible, “producing friction in our relations with [other] nations and leading some to reciprocate by granting their courts permission to embroil the United States in expensive and difficult litigation.”

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Patently O

MAY 3, 2021

Rather than reaching the merits, the district court dismissed the case on procedural grounds. The district court ruled that Tormasi lacked the capacity to sue and the Federal Circuit then affirmed. New Jersey has a statute on point: “Every person who has reached the age of majority. Judge Stoll wrote in dissent.

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Statute Court Court Rules Litigation 124

SCOTUSBlog

OCTOBER 10, 2022

In 2009, the Supreme Court ruled in District Attorney’s Office v. An inmate whose efforts to obtain DNA testing under state law have been unsuccessful, the court ruled, must show that state law denies him his right to due process. Reed came to the Supreme Court last fall, asking the justices to review that ruling.

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SCOTUSBlog

JANUARY 24, 2025

As a practical matter, he asked Suri, why is it inconvenient for the government to litigate in one circuit instead of another? Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought.

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SCOTUSBlog

NOVEMBER 20, 2023

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.”

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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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SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

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LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We

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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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MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. A rules-based calendaring system not only houses your calendar and upcoming deadlines but also syncs with any rules you set, including a specific court’s rules.

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SCOTUSBlog

MARCH 26, 2022

In December 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a final rule that this definition of “machinegun” included “bump stock” accessories used on semi-automatic rifles. challenged the rule in district court on the ground that the rule conflicts with the plain meaning of the statute.

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SCOTUSBlog

NOVEMBER 4, 2022

The ALJ imposed a substantial monetary penalty and barred her from practice before the SEC, but the decision was vacated after the Supreme Court ruled in Lucia v. The general federal jurisdiction statute ( 28 U.S.C. SEC that the ALJ’s appointment was unlawful. The claims in both cases rest directly on the Constitution.

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SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? Kavanaugh shot back, “Assuming we don’t do that, what’s your next answer?”. We have to follow AEDPA.”

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SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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SCOTUSBlog

MAY 23, 2022

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.

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SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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CARET Legal

JULY 19, 2024

As a litigator, you’re no stranger to the relentless pressure of looming deadlines. The Perils of Missed Deadlines Even the most organized litigator can miss a crucial filing date or forget to respond to a motion in time. The court rules in favor of the opposing party, and your client loses the case.

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SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine.

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Attorney at Work

SEPTEMBER 30, 2022

By following its details closely, we can begin to unravel the strategic importance of judicial research and analytics for civil litigation at the state trial court level. By following its details closely, we can begin to unravel the strategic importance of judicial analytics for civil litigation at the state trial court level.

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Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. ”) Patent law does not have a specific statute of limitations associated with claims to correct inventorship. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

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SCOTUSBlog

APRIL 29, 2024

The district court ruled for Medical Marijuana and the other companies on Horn’s RICO claim. The companies came to the Supreme Court last fall, asking the justices to take up the case and weigh in.

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FDA Law Blog

JULY 2, 2024

That statute provides that courts “ shall have jurisdiction, for cause shown, to restrain violations ” of the FDC Act. Historically, courts have modified , watered down , or altogether eschewed t he traditional equitable requirements for an injunction when considering FDA’s request for injunctive relief.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,

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MyCase

MAY 9, 2022

If you’re a litigator, your practice revolves around court deadlines. From criminal cases and personal injury matters to commercial litigation and class action lawsuits, there are many different deadlines to keep track of and conform to. . What is Rules-Based Legal Docketing Software?

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Calendaring Legal Legal Law Firms 52

SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. One involves “a statute [that] says in so many words that it is stripping immunity from a sovereign entity.”

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Day on Torts

OCTOBER 31, 2022

The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” The appeal was therefore dismissed.

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SCOTUSBlog

JULY 9, 2024

A federal district court in Florida tossed their paperwork, given the requirement in the federal drug statute that third-party petitions to reclaim seized assets “be signed by the Petitioner under penalty of perjury.” The two business owners, the lower court ruled, must forfeit the $9,000. In Sanchez v.

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Small Business Court Statute Court Decisions 90

ClimateChange-ClimateLaw

AUGUST 6, 2024

To date, federal courts have been reluctant to grant this type of extraordinary relief in challenges to offshore wind projects. For example, in recent years, federal courts have denied motions for preliminary injunction in litigation pertaining to the South Fork Wind , Vineyard Wind , and Coastal Virginia Offshore Wind projects.

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Patently O

MARCH 15, 2023

The court did separately reverse a tertiary challenge to allow Apple to proceed on a claim related to the note-and-comments procedure of the APA. Apple and other repeat players in patent infringement litigation often use the inter partes review process under 35 U.S.C. §§ 311–319 to challenge the validity of asserted patents.

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SCOTUSBlog

MARCH 17, 2023

But with four justices — the number it takes to grant a petition — signaling their interest in expanding the independence of religious institutions to make employment decisions, it was only a matter of time before another case came to the court. In Faith Bible Chapel International v. Murco Wall Products, Inc.

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Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

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Day on Torts

MARCH 11, 2022

The Court explained that it was “not free to disregard the discussion in Owens directly addressing the issue before [it].” During oral arguments, plaintiff also suggested that Owens was inapplicable because the statute cited therein, Tenn. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Broadcast Law Blog

SEPTEMBER 25, 2014

In reaching this decision, the Court looked at the language of the California statute dealing with pre-1972 sound recordings. So this is another of those issues that users of music will have to watch carefully as it develops, as there will no doubt be significant litigation and many disputes ahead.

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