JURIST

MAY 24, 2023

The US Court of Appeals for the Fourth Circuit on Tuesday overturned a decision from the US District Court for the Eastern District of Virginia that held the Virginia Fairfax County School Board’s (Board) new admissions policy violated the Fourteenth Amendment’s due process clause.

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JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.

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SCOTUSBlog

MARCH 4, 2024

Over a dissent by Justice Clarence Thomas that was joined by Justice Samuel Alito, the court sent the case back to the lower courts with instructions to dismiss it as moot (that is, no longer a live controversy) because Virginia Tech, the university at the center of the case, had changed its policy.

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SCOTUSBlog

MARCH 10, 2023

Here’s the Friday morning read: A Louisiana man whose conviction was overturned in a Supreme Court ruling against split juries is found not guilty at new trial (Corky Siemaszko, NBC News) Outside groups take a first stab at a Supreme Court ethics code (Nina Totenberg, NPR) West Virginia to ask US Supreme Court to allow transgender athlete ban (Andrew (..)

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SCOTUSBlog

DECEMBER 11, 2020

The Supreme Court ruled in 2002 in Atkins v. Virginia that it is unconstitutional to execute someone who is mentally disabled. After receiving his death sentence, Bourgeois sought a ruling from a federal court in Texas that he was intellectually disabled and thus barred from execution. His appeal was unsuccessful.

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SCOTUSBlog

OCTOBER 5, 2021

Virginia , a 2002 case in which the Supreme Court ruled that the Eighth Amendment forbids executing people with intellectual disabilities. Lower courts rejected those arguments, and his attorneys asked the justices on Monday to intervene.

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The Crime Report

MARCH 3, 2022

Twentieth century uprisings for expanded prison rights — what Driver and Kaufman call the “prisoners’ rights revolution” — ended in the late 1980s, with the Supreme Court ruling Turner vs. Safley. Incarcerated people have long contested penal policies, from stipulations on prayer to codes dictating beard length.

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SCOTUSBlog

MARCH 9, 2023

Nine years after Brown’s trial, the Supreme Court ruled in Atkins v. Virginia that the Eighth Amendment’s ban on cruel and unusual punishment prohibits the execution of individuals with intellectual disabilities. Relying on Atkins, Brown went back to state court, seeking to overturn his death sentence.

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JURIST

OCTOBER 30, 2024

The US Supreme Court issued an order on Wednesday permitting the state of Virginia to continue to remove voters from its election rolls with just five days until the federal election. The DOJ sought declaratory or injunctive relief for Virginia to comply with the NVRA.

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Mondaq

SEPTEMBER 13, 2021

District Court for the Eastern District of Virginia ruled on September 3, 2021. Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence ("AI") systems, the U.S.

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JURIST

OCTOBER 28, 2024

Virginia elections officials filed an emergency application to stay with the US Supreme Court Monday, requesting the court restore a state program that would remove 1,600 individuals from state voter lists. The federal district court ruled that the order violated the National Voter Registration Act (NVRA).

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Attorney at Work

OCTOBER 11, 2022

Laws, rules, regulations, and opinions vary by jurisdiction. About the Illinois Supreme Court Commission on Professionalism. 91-2 & Formal Advisory Opinion No. By advancing the highest standards of conduct among lawyers and judges, the Commission works to better serve clients and society alike.

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Law 360

DECEMBER 18, 2023

Delaware's Supreme Court on Monday overturned a 2022 Chancery Court order that dismissal of federal opioid-related damage claims against AmerisourceBergen in West Virginia justified scuttling a multibillion-dollar stockholder derivative lawsuit, finding the decision "inconsistent" with the court's rules for derivative actions and evidence.

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SCOTUSBlog

NOVEMBER 20, 2023

The Abbott case arose from a long-running multidistrict litigation against the chemical company DuPont by people who allege that they were injured by the company’s release of a chemical known as C-8, used in the production of Teflon, into the air, landfills, and river near its plant in Parkersburg, West Virginia.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. United States (involving the prosecution of the former Virginia governor), Kelly v. Think McDonnell v. United States (the “bridgegate” case), and this term’s cases Percoco v.

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The Crime Report

JUNE 16, 2022

This means that the court must find beyond a reasonable doubt that the defendant meant to harm the individual before being provoked or engaging in a mutually combated altercation. Courts have struggled to define “initial aggression” since at least 1925 when, in Scott v. Similarly, in People v.

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The Crime Report

AUGUST 3, 2022

The doctrine, created by a 1982 Supreme Court ruling meant to protect government employees from frivolous lawsuits, is frequently used by police and other law enforcement officials to head off lawsuits over excessive use of force or misconduct. As the legal maxim says: justice delayed is justice denied.

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.

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At the Lectern

JULY 8, 2024

It later summarily denied a habeas corpus petition after a superior court rejected a claim under Atkins v. Virginia (2002) 536 U.S. The Supreme Court had ordered the superior court evidentiary proceeding. ”) It ordered the district court to conduct a de novo review of the Atkins claim.

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The Crime Report

JULY 8, 2021

Governor of California , the courts ruled that indefinite confinement of alleged gang members was a human rights violation. That ruling resulted in the state of California having to reduce its solitary confinement population by 97 percent. In Virginia, inmates are allowed to have TVs, music players and contact visits.

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SCOTUSBlog

JANUARY 4, 2024

The Thomas Jefferson High School for Science and Technology, a magnet school in the Virginia D.C. The federal district court in Virginia agreed with the challengers and ordered TJ to stop using the new admissions policy. The most prominent of this week’s relists, Coalition for TJ v. A panel of the U.S.

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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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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. Bartow was charged under Virginia Code § 18.2-416,

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The IP Law Blog

AUGUST 11, 2022

District Court for the Eastern District of Virginia, which granted summary judgment in favor of the USPTO. Then Thaler appealed the district court’s ruling to the Federal Circuit. Therefore, the USPTO found the Patent Act would not allow AI machines to be inventors. Thaler appealed to the U.S.

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FDA Law Blog

OCTOBER 7, 2024

In June, the Supreme Court ruled that the SEC cannot use its administrative authority to impose civil penalties for securities fraud on the ground that these penalties violate the U.S. By JP Ellison & Anne K. Walsh — It took only 3 months. Constitution’s Seventh Amendment right to a jury trial. See SEC v Jarkesy , 144 S.

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JonathanTurley

NOVEMBER 2, 2021

Indeed, before other Englishmen were given a written guarantee of the right to bear arms, colonists in Virginia in 1607 were given such a written guarantee by the Crown. That is evident from the fact that it was not until 2008 that the Supreme Court finally recognized the right to bear arms as an individual right in District of Columbia v.

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LegalReader

JANUARY 30, 2023

Landfill nuisance case gets moved to mediation.

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Court Rules Litigating Litigation Court 101

SCOTUSBlog

APRIL 20, 2022

Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. The petition in Cooper was filed by the defendant in a lawsuit resisting personal jurisdiction.

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Patently O

FEBRUARY 22, 2023

That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches. Some, as noted above, have even banned the practice at common law, though state courts have increasingly relaxed those rules in favor of regulation. [23]

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JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Heller , recognizing the Second Amendment as encompassing an individual right to bear arms. Two years after Heller, in McDonald v. Penal Law § 400.00(2)(f)

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JonathanTurley

OCTOBER 5, 2021

What is most striking however is the coverage in the Washington Post, which reported on the summary affirmance but only quoted supporters for the challenge, including a strikingly misleading take on the lower court ruling upheld by the Supreme Court. I have written about D.C.

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The Fashion Law

JUNE 10, 2021

filed for bankruptcy protection in the Eastern Court of Virginia on August 2. Crew would be one of the first major retail bankruptcies of the COVID-19 crisis, the New York-headquartered apparel company filed for Chapter 11 bankruptcy protection with a bankruptcy court in the Eastern District of Virginia.

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The Crime Report

JANUARY 4, 2023

Searches for 911 call analysis in national court dockets come up virtually empty too. A public defender in Virginia said, “I have never heard of any of that claptrap in my jurisdiction.” In the winter of 2004, Harpster walked into the FBI Academy in Quantico, Virginia. The program has little online presence.

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The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. The ruling expanded the legal consensus on the discrimination protections available to some transgender people.

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Court Rules Court Statute Legal 105

JURIST

JANUARY 10, 2021

In 2002, the Supreme Court ruled in Atkins v. Virginia that it was unconstitutional to sentence people with intellectual disabilities to death. This ruling provides a three-step test to determine whether defendants are intellectually disabled, which attorneys and experts say Johnson meets.

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ClimateChange-ClimateLaw

JULY 6, 2017

Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. DECISIONS AND SETTLEMENTS.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Ergon-West Virginia, Inc. Ninth Circuit Rejected Claim That CEQA Applied to Taxi Rules for Airport Pickups. The Ninth Circuit Court of Appeals affirmed a district court judgment rejecting challenges to San Francisco regulations that dictated which taxi medallion holders could pick up passengers at San Francisco International Airport.

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