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As Stern notes, the charges against Donohue and Katzgrau are blatantly inconsistent with Supreme Courtdecisions recognizing that journalists have a First Amendment right to publish truthful, lawfully obtained information. In the 1989 case Florida Star v. In the 1979 case Smith v.
The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is making good progress in sorting through the current relists. The court is now holding a second relisted petition raising a similar issue, Elliott v. This week it disposed of four.
(Photo by Samuel Corum/Getty Images) Supreme Court Justice Amy Coney Barrett, once celebrated as a stalwart conservative and a crowning achievement of the Trump presidency, now finds herself under fire from the very base that championed her confirmation. Her recent vote in Department of State v. Lets unpack the data.
In that case, the Medicaid statute obligates the state to “seek reimbursement” from the person who committed the tort, and it requires (in 42 U.S.C. Prior Supreme Courtdecisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses.
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.
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?
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.
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.
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.
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.
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.
decided today by Eleventh Circuit Judge Kevin Newsom, joined by Judge Andrew Brasher: Katie Wood is a transgender woman who teaches at a public high school in Florida. The district court granted Wood a preliminary injunction, finding it substantially likely that the law violates her First Amendment right to free speech. Dep't of Ed.
The statute in its plain language states, criminal penalties will apply to “every person who performs or attempts to perform an abortion.” 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 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.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.
Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. Florida has the highest count of incarcerated people serving life without parole sentences. Report authors highlighted a recent Supreme Courtdecision in Canada.
They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The court issued a cryptic and unusual “per curiam” decision – one which is a given in the name of the court rather than any specific judges. What they got instead was something less.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, we’re entering the busiest phase of the year for relists. The court granted review in two cases on Monday: one-time relist Facebook v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. A short explanation of relists is available here. The defendant’s actual conduct is irrelevant.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will vote to grant the last cases that will be argued this term (barring expedited briefing on some emergency matter). The court earlier asked for the U.S.
Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.
Unlike the Harvard University case , in which the same petitioner, Students for Fair Admissions, is asking the Supreme Court to reverse a decision by the U.S. And from August 2004 through February 2019, the court did not grant a single petition for cert before judgment (in United States v. Research by Steve Vladeck.
Additionally, travel distance is a known barrier to care that jeopardizes health, which the court recognized in 2016 in Whole Woman’s Health v. Thirteen have “trigger laws” enacted after 1973 that forbid doctors from providing abortions upon the court overturning Roe , half of which have sprung into effect. Hellerstedt.
As the case comes to the Supreme Court, Medrano contended that the use of his statements violated his rights under Miranda v. Arizona , the landmark 1966 decision that requires police officers to tell suspects that they have a right to remain silent and to have a lawyer with them during interrogation. Nike has denied any wrongdoing.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. But in one of those cases, the court’s denial of review prompted two justices to object. The Supreme Court will meet this Friday to consider whether to grant review in a group of around 95 petitions and motions.
Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.
A US federal court on Monday dismissed all charges against Donald Trump in a case alleging the former president mishandled classified documents after leaving office. The post US court dismisses Trump classified documents indictment on constitutional grounds appeared first on JURIST - News.
Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.
In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’sdecision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,
The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. DECISIONS AND SETTLEMENTS. s consumer protection statute.
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