HowAppealing

MARCH 24, 2021

“Minnesota Supreme Court: Rape victims not ‘mentally incapacitated’ unless forcibly intoxicated; The far-reaching decision also gives a man convicted of third-degree sexual assault a new trial.” ” You can access today’s ruling of the Supreme Court of Minnesota at this link.

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Felony Court Court Rules 100

JURIST

MARCH 26, 2021

Products liability suits against Ford Motors in Montana and Minnesota can go forward in their respective state courts, said the US Supreme Court on Thursday. The court rejected Ford’s argument that personal specific jurisdiction was limited to lawsuits in states where Ford manufactured or originally sold vehicles.

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Court Rules Court Manufacturing Litigation 197

ABA Journal

MARCH 26, 2021

Victims who willingly consume alcohol or drugs before they are sexually assaulted aren’t “mentally incapacitated,” the Minnesota Supreme Court ruled Wednesday. The 6-0 decision, written…

Court Rules 81

Court Rules Court 81

The Researching Paralegal

SEPTEMBER 3, 2020

Rules of Civil Procedure, Rules of Family Court Procedure, and Rules of Civil Appellate Procedure were updated effective September 1, 2020.

Court Rules 40

Court Rules Court 40

JURIST

APRIL 6, 2023

In 2021 a federal district court ruled that the government was partially responsible for the deaths due to negligence. The settlement issued Wednesday will resolve all appeals from this ruling. Last week, state legislation has increased firearm access in Florida and Minnesota.

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Felony Government Court Rules Litigation 223

JURIST

JUNE 13, 2023

The North Dakota South Central Judicial District Court ruled in favor of Red River Women’s Clinic, granting a motion for a preliminary injunction to prevent the ban from taking effect while the lawsuit moves through the legal system.

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Healthcare Felony Court Rules Court 104

SCOTUSBlog

JANUARY 4, 2024

ASEA filed counterclaims asking the court to enjoin Alaska from implementing the governor’s administrative order and from making any changes to the dues-deduction processes that were in place before the opinion was issued. After this conference, we should have a better idea whether the Supreme Court is persuaded. That’s all for now.

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Court Government Laws Attorney 133

HowAppealing

DECEMBER 30, 2020

“Minnesota Supreme Court: ‘Revenge porn’ not protected free speech; The Minnesota Supreme Court ruled that the law is narrowly written to avoid violating other speech.” ” You can access today’s ruling of the Supreme Court of Minnesota at this link.

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Court Rules Court Laws 100

Patently O

MARCH 25, 2024

Minnesota & Ontario Paper Co., The Federal Circuit applied the correct standard consistent with Supreme Court precedent, including KSR and Deere , focusing on the knowledge and capabilities of a person of ordinary skill in the art. Louis Hirsch , 302 U.S. 490 (1938) (“plainly foreshadowed”) De Forest Radio Co. General Elec.

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Court Legal Legal Court Rules 84

Patently O

JANUARY 4, 2024

The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act. The court found that the defendants’ inclusion of the briefs in their databases was transformative, as it contributed to creating an interactive legal research tool.

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Law Firm Law Firms Attorney Legal Research 122

The Crime Report

JUNE 22, 2022

In a 2015 Op Ed for the Minnesota Star-Tribune , former Minnesota State Senator Don Betzold said of the controversial Minnesota Sex Offender Program (MSOP): The sex offender treatment program is like a prison — only worse, because there’s no ‘out’ date.

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Court Rules Court Depositions Felony 137

Patently O

MARCH 19, 2021

Moreover, individual court rules are now requiring greater transparency. The Federal Circuit’s latest rules clearly seek to maximize public disclosure. In each filing, Rule 25.1(d) University of Minnesota Law School. See DePuy Synthes Products Inc. Veterinary Orthopedic Implants (Fed. Tulane University Law School.

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Law School Litigation Litigating Technology 92

The Crime Report

SEPTEMBER 28, 2021

In the years following Hendricks , states have turned civil commitment centers into expansions of state prisons, detaining people long beyond the end of their court-issued sentences and detaining them indefinitely. Nowhere is this more evident than in the state of Minnesota. Many stay incarcerated until death.

Education 122

Education Court Rules Legal Legal 122

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. In Minnesota v. Zepeda , No. 80593-2-I (Wash. Chevron Corp. 20-cv-1636 (D.

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Court Government Litigation Litigating 54

HowAppealing

NOVEMBER 8, 2023

“State court dismissed petition seeking to bar Trump from 2024 ballot; Minnesota Supreme Court ruled exceedingly fast after hearing oral arguments Thursday; an appeal is likely”: Rochelle Olson of The Minneapolis Star Tribune has this report on an order that the Supreme Court of Minnesota issued today.

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Court Rules Court 100

SCOTUSBlog

DECEMBER 30, 2022

The district court ruled for the officers, and the 8th Circuit affirmed. Court of Appeals for the 4th Circuit violated 28 U.S.C. After 15 minutes, Gilbert stopped breathing. His parents sued the city, arguing that the officers had used excessive force against their son in violation of the Constitution. Issue : Whether the U.S.

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Court Court Rules Laws 91

ABA Journal

NOVEMBER 9, 2023

The Minnesota Supreme Court has tossed a lawsuit contending that former President Donald Trump can’t appear on the primary ballot in the state because he…

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Court Rules Court 130

SCOTUSBlog

JUNE 19, 2021

Share This article is part of a symposium on the court’s decision in Fulton v. Thomas (Minnesota). City of Philadelphia. Berg is the James L. Oberstar professor of law and public policy at the University of St. Douglas Laycock is the Robert E. Scott distinguished professor of law at the University of Virginia.

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The Crime Report

APRIL 15, 2022

The most significant barrier to criminal justice reform may not be deadlocked politicians or conservative special interests, but the “law enforcement lobby,” warns a forthcoming essay in the Minnesota Law Review. How does the law enforcement lobby perpetuate harm? The authors point to the disappointing implementation of Brown v.

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Laws Court Rules Court 105

The Crime Report

DECEMBER 1, 2022

Loertscher’s legal team — which included now-Attorney General Josh Kaul — was most successful, securing a federal court ruling that deemed the law unconstitutional. The four other states which permit civil commitment — the Dakotas, Oklahoma and Minnesota — all require “clear and convincing evidence.”.

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Laws Attorney Court Legal 126

JonathanTurley

NOVEMBER 15, 2023

An appeal is now expected to proceed and the matter could well end up in front of the Supreme Court. Last week, the Minnesota Supreme Court ruled in a similar case that Trump could not be removed from the primary ballot in that state. Another ruling is expected soon out of Colorado.

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Court Court Rules Government Legal 63

JonathanTurley

MARCH 21, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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Tort Litigation Litigating Court 87

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court found, however, that the plaintiff failed to show that the defendants had not considered climate change effects on the Mexican spotted owl and therefore held that the FWS’s analysis of climate change was neither arbitrary nor capricious. The case was argued before the High Court on January 22, 2019. WildEarth Guardians v.

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Federal Court Stayed Remand Order in Minnesota’s Climate Case Against Fossil Fuel Industry, Denied Attorney Fees. The federal district court for the District of Minnesota stayed its order remanding Minnesota’s climate change lawsuit against the fossil fuel industry. Minnesota v. 0:20-cv-01636 (D. Louis area.

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Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

MARCH 9, 2021

On March 1, the federal defendants filed their opposition to the motion to stay the mandate, arguing that the Supreme Court was unlikely to grant the petition, “much less reverse this Court’s judgment,” because the Ninth Circuit had applied settled precedent. Minnesota Auto Dealers Association v. Minnesota , No.

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Court Litigation Litigating Construction 57

SCOTUSBlog

JANUARY 11, 2023

Groff sued USPS in federal court under Title VII for refusing to accommodate his religious beliefs and practices. The trial court ruled for the Postal Service under Hardison , and the U.S. Hennepin County, Minnesota and Nieveen v. Hennepin County, Minnesota , 22-166. A jury awarded Younger $700,000 in damages.

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Government Court Legal Legal 83

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Because the neighbors produced no other testimony and relied “merely on speculation that the excavation, regrading, and moving of materials would produce undue impacts,” the court upheld the Commission’s findings. Minnesota Court and D.C. Federal Court Declined to Stop Construction of Enbridge Line 3 Pipeline.

Court Reporting 54

Court Reporting Court Construction Government 54

ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. The action involved closing valves on pipelines in Washington, Montana, Minnesota, and North Dakota. appeal Feb.

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Court Government Laws Litigation 40

ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. On July 8, 2021, a jury in Minnesota state court found four activists guilty of aiding and abetting fourth degree criminal damage to property, a misdemeanor offense.

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Court Litigation Litigating Government 40

ClimateChange-ClimateLaw

JUNE 8, 2021

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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Court Statute Government Litigation 42

SCOTUSBlog

DECEMBER 28, 2023

Sekulow urged the court to take up the case quickly “to prevent the Colorado Supreme Court’s decision from having an irreparable effect on the electoral process.” He indicated that he was “prepared to abide by whatever expedited processes this Court may set.” And on Dec. And on Dec.

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Court Court Rules Lawyer Lawyers 139

JonathanTurley

APRIL 19, 2021

Maxine Waters, D-CA, went to Minnesota and told the protesters that they “gotta stay on the street” and “ get more confrontational.” These civil lawsuits actually raise claims like the infliction of emotional distress that were directly and unequivocally rejected by the Supreme Court.

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Criminal Law Laws Law School Legal 62

SCOTUSBlog

DECEMBER 6, 2022

The Supreme Court’s cases are also contrary to the legislators’ theory, North Carolina and the challengers tell the justices, making clear that state courts had the authority to consider the challengers’ gerrymandering claims. In its 1932 decision in Smiley v. And in Rucho v.

Drafting 106

Drafting Court Laws Court Rules 106

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

As Compliance Date for Methane Waste Rule Nears, California Federal Court Ruled That BLM Could Not Postpone Compliance, Oil and Gas Trade Groups Again Asked Wyoming Federal Court for Preliminary Injunction. On October 4 , the federal district court for the Northern District of California vacated the U.S.

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Court Attorney Technology Assisted Review Legal 40

SCOTUSBlog

DECEMBER 7, 2022

Thompson agreed with Roberts that a governor’s veto can limit the legislature’s power under the elections clause, pointing to the Supreme Court’s 1932 decision in Smiley v. Holm , in which the justices upheld the Minnesota governor’s veto of a congressional map enacted by the state legislature. Katyal said yes.

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Court Litigation Litigating Lawyer 117

SCOTUSBlog

FEBRUARY 2, 2024

Court of Appeals for the 4th Circuit issued its ruling in Cawthorn’s case, he had already lost in the primaries. 2023, for example, the Minnesota Supreme Court threw out an attempt to remove Trump from that state’s ballot. In a ruling on Dec. Earlier efforts to keep Trump off the ballot fell short. And on Dec.

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Court Lawyer Lawyers Laws 145

The Crime Report

MARCH 30, 2022

“Prior to a couple of years ago, it might have been possible, but in the course of the last two years, policing has become so politicized on both sides, and I just don’t think it’s possible to come together behind a police reform bill,” said Vin Weber, a Republican strategist and former Minnesota congressman.

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Laws Court Rules Government Court 98