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The post German courtrules double jeopardy statute unconstitutional appeared first on JURIST - News. ” The law at issue was challenged by a man recharged in a 1981 murder and rape case for which he was acquitted due to lack of evidence.
The statute at issue bars debtors from discharging debts “for money…obtained by…fraud.” ” The courtruled that because the statute’s text is written in the passive voice, the statute turns on how the money was obtained, not who committed the fraud to obtain the money.
The US Supreme Court Monday granted certiorari to two cases, Reed v. Norfolk Southern Railway Company , which focus on statute of limitations and personal jurisdiction issues. In Reed , petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C.
The court stated that the law provides localities with the authority to create war memorials and monuments, and that the prohibition on removing them “only applies to monuments and memorials erected prospectively under that statute’s grant of authority.”
A federal district court granted summary judgment in favor of the company, finding that the policy was reasonably necessary for the company to avoid criminal liability under federal statute 8 USC § 1324, which prohibits the harboring of undocumented immigrants.
The US Supreme Courtruled Thursday in Dubin v. United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision.
The US Supreme Courtruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies. The case, US v.
The US Supreme Courtruled Thursday that the government cannot keep the profits of properties sold to pay off tax debts. The court reached this decision in the case of Tyler v. In 2015, Hennepin County seized the property, as permitted under Minnesota Statute §§281.18 , 282.07 , and sold it for $40,000.
The US Supreme Courtruled Friday in US v. Justice Amy Coney Barrett, writing for the majority, criticized the lower courtruling , which called the law “overbroad,” saying: Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts. .”
Davis ruled that Delaware’s two-year statute of limitations applies and not New York’s one-year statute of limitations. ” The post Delaware courtrules Fox Corp. ” The post Delaware courtrules Fox Corp.
Kagan stated that the term “entitled” had the same meaning throughout the statute, “best implement[ing] the statute’s bifurcated framework by capturing low-income individuals in each of two distinct populations a hospital serves.”
In a unanimous slip opinion, the US Supreme Courtruled on Thursday that the Fair Credit Reporting Act (FCRA) waives sovereign immunity and that the federal government can be liable for incorrect debt reporting that damages credit scores. Justice Neil Gorsuch authored the opinion of the court.
After two heated council meetings, it was alleged that Gonzales had placed the petition—with over 300 signatures—in her binder, violating a Texas anti-tampering statute. Following this ruling, Gonzales can pursue her claim of retaliation against the county.
The Supreme Court reversed the Third Circuit’s decision. Justice Sonia Sotomayor noted that the courtruled in Jennings v. The post US Supreme Courtrules immigration detainees not guaranteed bond hearings appeared first on JURIST - News.
The US Supreme Courtruled in a 6-3 opinion Thursday that mistakes of law—and not only mistakes of fact—could protect parties from losing their copyrights on grounds of inaccurate registration. The post US Supreme Courtrules mistakes of law can excuse copyright registration inaccuracies appeared first on JURIST - News.
The US Supreme Court decided to focus on the issue of whether the defendants’ interpretation of the discovery rule was correct because the discovery rule was unchallenged in this case. The court found that the plain meaning of the statute does not provide any time limit on recovery damages.
In a 2-1 decision, the Eighth Circuit affirmed a district courtruling that the US Attorney General must be a plaintiff in a suit brought to enforce the VRA. ” Though the court could not determine whether Section 2 creates an individual right, it found that the statute does not contain a private enforcement mechanism.
The US Supreme Courtruled unanimously Wednesday that the Department of Health and Human Services (HHS) may not cut Medicare drug reimbursement for a specific group of hospitals without a survey of hospitals’ pharmaceutical acquisition costs.
The US Supreme Courtruled unanimously Tuesday that tribal police officers have the authority to detain and search non-Indigenous persons on federal highways within their territories. Both of these, the court held, introduced confusion into enforcement over difficulties with the “problem of interpretation” of the law.
Baird and Nicolas Lyon, were charged for their roles in the Flint water crisis under Michigan’s “one-man grand jury statute.” The cases were remanded to the state district court. Three state employees, Nancy Peeler, Richard L.
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 courtruled that under new US Supreme Court precedent from New York State Rifle & Pistol Association, Inc. Circuit Judge Thomas M.
The US Supreme Courtruled 5-3 Thursday that undocumented immigrants bear the burden of showing that they have not been convicted of a crime involving “moral turpitude,” or they will face lawful removal. Clemente Pereida, is being deported under the Immigration and Nationality Act (INA) of 1952.
During oral arguments, counsel for Helix Energy Solutions Group Paul Clement sought to persuade the court that Hewitt’s compensation scheme met the minimum weekly salary requirement as an executive. Under the relevant statute, an employee qualifies as an executive if, among other things, they are paid a salary.
Congress’ house, appeals courtrules, rejecting Jan. 6 defendant’s challenge; The ruling upholds a statute that criminalizes parading, picketing or demonstrating in a Capitol building.’” ” Kyle Cheney and Josh Gerstein of Politico have this report on a ruling that the U.S. Court of Appeals for the D.C.
The Wisconsin Supreme Courtruled 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.
In a unanimous decision on Wednesday, the US Supreme Courtruled 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.
Garland , reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. That rule can foreclose access to immigration relief by preventing noncitizens from accruing the time required for eligibility.
The US Supreme Courtruled 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.
Gorsuch found that the plain meaning of “extension” does not require continuity, and examined similar language in other statutes and regulations that suggest if Congress does not include limiting language like “consecutive” then continuity is not required.
A panel of five judges unanimously decided that the ERO, which has been in Hong Kong’s statute book for almost 100 years and has survived two constitutional challenges before Hong Kong declared independence from Great Britain in 1997, is constitutional. The person would then face a conviction and imprisonment for up to six months.
The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. Many courts have addressed the issue of taking blood samples from drivers without consent, including Texas and Nevada.
The US Supreme Court declined to hear an appeal from North Carolina 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.
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 courtruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.
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 post US Supreme Courtruling rejects challenges to Indian Child Welfare Act appeared first on JURIST - News.
” The district court dismissed the case finding that “the Director’s instructions were made unreviewable by the IPR provisions of the patent statute.” ” The Appeals Court reversed in part and affirmed in part the district court’s decision. In the opinion written by Judge Richard G.
The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. Check back soon for in-depth analysis of the opinion.
Share In a pair of cases on Monday, the Supreme Courtruled against non-U.S. Pursuant to the post-removal order statute, 8 U.S.C. It raised the question of whether class members facing prolonged detention under the post-removal order statute were entitled to bond hearings. The first case, Johnson v.
Jicarilla Apache Nation , the court held that the United States owes no duty to Indian tribes except those expressly noted in treaties, statutes, or regulations. The post Supreme Courtrules 5-4 against Navajo Nation in water rights dispute appeared first on SCOTUSblog. Following cases such as United States v.
The US Supreme Courtruled Monday in Concepcion v. The Justice Department argued that Concepcion’s original sentence of 228 months was within the statute’s range of 188 to 235 months, meaning that district court judges are not able to adjust Concepcion’s sentence.
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.
Amnesty International Kenya praised a High Courtruling Thursday which found that 11 police commanders and officers have a case to answer in connection with the death of baby Samantha Pendo and other victims of the 2017 post-election violence.
The US Supreme Court declined on Friday to block a district courtruling that a Missouri law that attempts to invalidate federal firearm law within the state is unconstitutional. Missouri applied to Justice Brett Kavanaugh to stay the lower courtruling.
The court’s opinion confirms this view. The Boechler opinion requires that Congress make a “clear statement” to produce a jurisdictional statute. Because the statute is not jurisdictional, it is not exempt from equitable tolling, which by default applies to non-jurisdictional limitations periods under Irwin v.
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.
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