Remove Court Rules Remove Montana Remove Statute
article thumbnail

US Supreme Court rules against suppressing evidence found by tribal police on federal highways

JURIST

The US Supreme Court ruled unanimously Tuesday that tribal police officers have the authority to detain and search non-Indigenous persons on federal highways within their territories. ” The court went on to state that detention is only permissible if a violation of law is “apparent.” United States v.

article thumbnail

Justices will analyze statute of limitations in Quiet Title Act

SCOTUSBlog

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.

Statute 78
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

A squabble over a forest road may pave the way for further narrowing of “jurisdictional” timing rules

SCOTUSBlog

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.

Statute 74
article thumbnail

Texting in the car, surveillance of a home, and Section 1983 for Miranda

SCOTUSBlog

Before trial, the district court rejected Struve’s argument that the officers had violated the Fourth Amendment in pulling him over without reasonable suspicion because they could not tell whether he was texting or using his cellphone legally. Lamoureux v. Bethany Hospice and Palliative Care LLC.

Court 107
article thumbnail

Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

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.

article thumbnail

Montana TikTok users file lawsuit to stop state ban from going into effect

JURIST

Five TikTok users filed a lawsuit in a federal Montana court on Wednesday to stop the state’s newly enacted TikTok ban from going into effect. The five TikTok users argue that the newly enacted law “attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”

article thumbnail

July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.

Court 40