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The US Supreme Court declined to hear an appeal from NorthCarolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. ” The denial from the Supreme Court offered no explanation or reasoning. .” The challenged statute, N.C.
This week, we highlight cert petitions that ask the court to consider, among other things, whether two groups of NorthCarolina employees were denied pay or benefits by the state in violation of a federal employment law and the Constitution. The NorthCarolina Supreme Courtruled for the employees.
Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a NorthCarolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.
Share Two years after the courtruled that a disparity in bankrupt debtors’ fees between judicial districts was impermissible, the justices on Friday ruled 6-3 that charging equal fees going forward is an adequate remedy for that disparity. By statute, the U.S.
A tragedy in NorthCarolina could present rather difficult torts questions in a wrongful death case for a grieving family. While I am not a NorthCarolina lawyer, the state does not appear ideal for plaintiffs in this type of action and the facts of the case could present other difficulties.
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 courtruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals courtruled that Fikre’s case was not moot.
He first started sketching Supreme Court arguments in the 1977-78 term, when Regents of the University of California v. I would like to prevail on him to go one more term and have some symmetry by sketching the Harvard and University of NorthCarolina affirmative-action cases, but it seems that his mind is made up.
University of NorthCarolina, which are poised to determine the role of affirmative action in college admissions. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Harvard College and SFFA v. Bollinger , 539 U.S. 306 (2003).
The injuries in Clendening were not the sort of combat-related or even job-related injuries one would expect: petitioner Carol Clendening seeks to recover for her late husband’s exposure to toxic drinking water while serving as a judge advocate general officer at Camp Lejeune, NorthCarolina. Natural Resources Defense Council, Inc.
Adopt American Bar Association Rules for Defining Prosecutorial Misconduct. Judges should certify that the “Brady rule,” mandated under a 1963 Supreme Courtruling, is followed at each criminal trial. Some 23 states have adopted these verbatim or with some modifications. Certify Compliance.
Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. The trial courtruled in favor of GLI. The Third Circuit ruled in favor of Raiders. Raiders opposed this motion.
In her initial expert disclosures, plaintiff identified Dr. Steege from Chapel Hill, NorthCarolina. The trial courtruled that “Dr. Steege did not meet the locality rule outlined in Shipley v. Code Ann. § 26-26-115(b). Williams , 350 S.W.3d 3d 527 (Tenn. 2011),” and accordingly excluded his testimony.
The Court of Appeals of NorthCarolinaruled Thursday that people who are or have been in a dating relationship with a same-sex partner are equally protected against domestic violence as persons in opposite-sex relationships placed in a similar situation. While relying on the Supreme Court decision in Bostock v.
The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.
The NorthCarolina Supreme Court Friday granted a petition for rehearing for two settled cases. This decision comes after the election of new justices in 2022, which gave the court a 5-2 Republican majority. I am committed to fighting for the rule of law and will of the voters.
Share For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging race-based affirmative action in higher education drew major headlines. University of NorthCarolina. Less well noticed was a curious procedural feature of the second case, Students for Fair Admissions v.
Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. Virginia , the court did find the statute unconstitutional.
The US Supreme Courtruled 8-1 Thursday in Berger v. NorthCarolina State Conference of the NAACP that two Republican state legislators may step in to defend the state’s voter identification law, even though the state’s Democratic attorney general is already doing so.
The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes.
In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow.
Share The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” A jury awarded Planned Parenthood nearly $2.5 million, but the group contended that its conduct was protected by the First Amendment.
Share For the third time this term, the Supreme Court will weigh in on whether someone can stage an intervention – the legal kind, that is. The NorthCarolina legislature passed the voter-ID law at the center of the case in December 2018. Philip Berger, the leader of the NorthCarolina Senate. Background.
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