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The US Supreme Court ruled on Thursday that the US Constitution’s Double Jeopardy Clause does not bar the prosecution from retrying a criminal defendant if it is determined that the original trial venue was improper. But the court held that “the mere burden of a second trial has never justified an exemption from the retrial rule.”
Parents Advocating for Safe Schools (PASS), an association of Minnesota parents, filed suit against the state of Minnesota and Governor Timothy Walz, asking the court to order Walz to impose a statewide mask requirement for all public schools. Pass also asked the court to issue a temporary restraining order compelling Walz to require masks.
One example is a recent US District Court ruling on a motion for summary judgment of a copyright lawsuit brought by a photographer when his photos of Willie Nelson and Carlos Santana appeared on a news website to illustrate articles on the musicians. However, relying on the creative commons license can be perilous.
Prior Supreme Courtdecisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses. The question now is how much of the total settlement Florida can recover. This case will determine how those provisions apply specifically to future medical expenses.
Courts in other states had rejected that argument (see our articles on decisions in New York , Florida and Georgia ), but the question of the status of the law remained unresolved in California. The decision was one of the 9th Circuit Court of Appeals , specifically related to XM Sirius royalties.
student, Galatasaray University, Turkey A Maltese court has refused to enforce a $740 million default judgment issued by the 15th Judicial Circuit Court of Florida (Palm Beach County) in a defamation suit brought by Applicant Mehmet Tatlici against his half-brother, Defendant Ugur Tatlici. [1] Ugur Tatlici , Case No.
A Florida-based protein powder maker is asking the Seventh Circuit to reconsider its upholding of a Wisconsin federal court'sdecision to toss its claims over allegedly defective plastic zipper pouches on the grounds that they were filed too late.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In 2018, then 67-year-old Lynn Hamlet was incarcerated in the Martin Correctional Institution, a state prison in southern Florida. A federal district court in Florida ruled for Hoxie. Coinbase, Inc.
While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Courtdecision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.
In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?
” So, what about California Supreme Court opinions? For the most part, the court has followed the Style Manual in capitalizing “Black” and “White,” when not using “African-American” (which is fairly frequent, but with inconsistency on whether to hyphenate the term) and, occasionally, “Caucasian.”
Supreme Court next term. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v. Lower CourtDecisions Trade associations representing the platforms challenged both the Florida and Texas laws on First Amendment grounds.
Supreme Court'sdecision in Facebook v. Duguid closes one door to potential Telephone Consumer Protection Act lawsuits, Florida's newly amended state law — featuring a broader autodialer definition — has opened another, say attorneys at Buchanan Ingersoll. Although the U.S.
Share In its first opinion of the 2023-24 term in an argued case, the Supreme Court on Tuesday morning threw out a dispute over whether a self-appointed “civil rights tester” has a legal right to file a lawsuit under the Americans with Disabilities Act alleging that a hotel had failed to provide information about its accessibility on its website.
Obviously, that settlement does not appear to resolve the issues with independent sound recording owners (like Flo & Eddie who brought the actions that have resulted in NY and California decisions finding a performance right in pre-1972 recordings in those two states). First, a review of the issue with pre-1972 sound recordings.
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. This week, we highlight petitions that ask the court to consider, among other things, whether that 30-day deadline bars owners from reclaiming property if they file with a missing signature. In Sanchez v.
There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.
In a Courtdecision in 2008, the US Court of Appeals determined that the FCC had not adequately assessed its obligations under NEPA with respect to the impact of communications towers on birds after there were claims that towers killed millions of birds each year. After the Courtdecision, American Bird Conservancy v.
The "Stop WOKE Act" (HB7) (the "Act") is set to go into effect on July 1, 2022, following a courtdecision this week declining to enter an injunction to halt the Act.
Oklahoma is the latest to join states like Florida in placing restrictions on telephonic sales calls in the wake of the United States Supreme Court'sdecision in.
The American Civil Liberties Union has challenged the constitutionality of the Florida law, making some of the same arguments that caused several state supreme courts to strike down broad bans on land ownership by foreign citizens of Asian countries decades ago, including a pivotal California Supreme Courtdecision in 1952.”
Gambling on tribal lands first came to prominence with a Seminole casino in Florida in the late 1970s. The Supreme Court first addressed the problem squarely in its 1987 decision in California v. Some background about the general compromise that governs that problem sets the stage for this dispute.
s Eleventh Circuit challenge to a Florida district courtdecision certifying several classes of drivers alleging the automaker deceptively marketed its Shelby Mustang GT350 as racetrack-ready, saying the decision gives class litigants further ammunition to pursue "blackmail settlements" from corporate defendants.
Yesterday, the US Court of Appeals for the Ninth Circuit issued its decision reversing the District Court’s opinion and sending the case back to the District Court for additional hearings. That decision was reversed yesterday. The issue in California, however, is still open.
Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. Facts of the Case Timothy Smith was indicted in the Northern District of Florida for theft of trade secrets from a website owned by StrikeLines.
Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. Facts of the Case Timothy Smith was indicted in the Northern District of Florida for theft of trade secrets from a website owned by StrikeLines.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been a blissful, relist-free month since the court’s last conference. Palmer , which was overseen by a conventional one-judge district court, was decided first. Palmer would ordinarily go through the U.S.
Pre-1972 sound recordings are also still an issue, with state appeals courts looking at US District Courtdecisions in New York and Florida, trying to decide if a performance right exists in these recordings in these two states (we wrote about the NY appeal here , and the initial Floridadecision here ).
The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. A decision on this issue in any state is binding only in that state.
This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings. An issue in a Federal case is certified or referred to a state court when there are issues of state law that control the determination of the Federal case.
The New York State Court of Appeals, the state’s highest court, has ruled that there is no public performance right in pre-1972 sound recordings in the state of New York. We wrote about the District Court’sdecision here , and the certification to the state court here.
The US Court of Appeals this week determined that the FCC’s requirement that broadcasters confirm by searching DOJ and FCC databases that all buyers of program time on their stations are not representatives of foreign governments was beyond the power of the FCC as authorized by Congress.
FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’sdecision here ).
Despite a series of courtdecisions rejecting any First Amendment claim of pirates, and denying any claim that these low-power, local stations did not implicate the FCC's power over interstate commerce regulation, pirates have never gone away. (see
Share The Supreme Court will hear oral arguments next week in a dispute over whether a Florida woman who retired from her job as a firefighter can bring a lawsuit against her former employer under the Americans with Disabilities Act alleging discrimination in how benefits are provided in the years after she left her job.
Share In a major election-law decision, the Supreme Court ruled on Tuesday that although the Constitution gives state legislatures the power to regulate federal elections, state courts can supervise the legislature’s exercise of that power. Supreme Court last year, challenging the state supreme court’sdecision.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. A short explanation of relists is available here.
The Ninth Circuit Court of Appeals reversed a district courtdecision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.
The book combines art and academic analysis into a refreshing and creative take on major Supreme Court cases — with an added dash of “Florida weirdness” to keep things interesting. Artist and lawyer Xavier Cortada has created 10 striking paintings, each depicting a significant Supreme Court case originating in Florida.
In 2017, the US Court of Appeals for the Eleventh Circuit struck down a Florida law preventing medical professionals from asking patients about firearm ownership. The court stated , “the First Amendment ensures that doctors cannot be threatened with state punishment for speech even if it goes beyond diagnosis and treatment.”
An increasing number of Americans now believe US Supreme Courtdecision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.
The US Supreme Court announced Monday it will review the legality of state efforts to ban gender-affirming medical care for minors — a contentious issue in a nation deeply divided over transgender rights and the role of medical intervention in youth gender identity. In November, the plaintiffs appealed to the Supreme Court.
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