SCOTUSBlog

MAY 23, 2022

Share Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. The question in Shinn v. The three liberal justices dissented. “The

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Constitutional Law Reporter

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. As enacted in 1984, the statute at issue in the case, 18 U.S.C. The Seventh Circuit Court of Appeals affirmed Snyder’s conviction.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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Constitutional Law Reporter

SEPTEMBER 23, 2024

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U. In Corner Post, Inc.

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Patently O

APRIL 22, 2021

Supreme Court heard oral arguments on April 21, 2021 in the pending assignor estoppel case of Minerva Surgical Inc. The basic idea is that an inventor who signs the oath-of-inventorship and assign rights to a third party is estopped from later challenging the patent’s validity in court. by Dennis Crouch. Hologic Inc.

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LegalReader

NOVEMBER 8, 2021

Court’s decision has long-term implications regarding medical malpractice statute of limitations.

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SCOTUSBlog

JANUARY 10, 2022

Share The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. Gonzalez raises the additional question of whether, in a class action brought by noncitizens in detention, a district court has the authority to issue classwide injunctive relief. The Supreme Court will now review those decisions.

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SCOTUSBlog

FEBRUARY 23, 2023

The statute, though, contains several exceptions to the discharge, generally describing debts that Congress regarded as so important or reflecting such objectionable behavior that it is inappropriate for the debtor to discharge them. For Barrett, the case begins and ends with the language of the statute.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. Supreme Court’s Decision The Supreme Court sided with Durbin. In Durbin v. 1028A(a)(1).

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The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

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FDA Law Blog

JUNE 15, 2022

In 2019, we blogged that the District Court found for the plaintiffs, holding that CMS did not have the statutory authority to make such a change without first conducting a hospital acquisition cost survey data. The District Court opinion was subsequently reversed by the D.C. The statute sets this “average price” as ASP plus 6%.

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SCOTUSBlog

JUNE 23, 2023

Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. Coinbase thinks that its user agreement forces the customers into arbitration, but the district court disagreed. Provident Consumer Discount Co. ,

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SCOTUSBlog

MAY 28, 2021

Hotels.com crisply resolved what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Justice Samuel Alito’s opinion for a unanimous court tells us the answer: the court that resolved the appeal decides, not the district court.

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SCOTUSBlog

SEPTEMBER 14, 2021

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.

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SCOTUSBlog

FEBRUARY 21, 2022

Tribal courts are often the only immediately available forum to address violent crime in Indian Country, but the sentences they can impose are extremely limited and often insufficient. Denezpi was sentenced to 140 days by the Court of Indian Offenses pursuant to that plea, time he had already served in custody. .

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SCOTUSBlog

MARCH 20, 2023

Finding a likelihood that consumers would confuse the “Bad Spaniels” toy with Jack Daniel’s, the trial court ruled in favor of Jack Daniel’s and barred VIP from continuing to manufacture the Bad Spaniels toy. Court of Appeals for the 9th Circuit reversed on both counts. Jack Daniel’s offers a similar argument on the dilution statute.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar.

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SCOTUSBlog

OCTOBER 6, 2021

Share The Supreme Court heard oral argument Tuesday in Brown v. The dispute centers on whether that error was harmless and, more specifically, what test a federal habeas court should apply when addressing a state prisoner’s claim that the state courts incorrectly deemed a constitutional violation harmless.

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SCOTUSBlog

APRIL 22, 2022

Davenport , the Supreme Court held on Thursday that a federal court cannot grant habeas relief to a convicted state prisoner whose constitutional rights were violated at trial unless that prisoner satisfies both the judicially-created Brecht v. The Supreme Court held in 2005 in Deck v. Share In Brown v. In Brecht v.

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Law 360

JULY 5, 2024

Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

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SCOTUSBlog

JUNE 15, 2021

Share Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v.

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SCOTUSBlog

DECEMBER 3, 2022

Share The court will hear its second bankruptcy case of the week next Tuesday, with Bartenwerfer v. Dissatisfied with the purchase, Buckley eventually obtained a judgment in a California state court based on the failure of the Bartenwerfers to disclose information about the house on the standard-form Transfer Disclosure Statement.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. by Dennis Crouch. Lets talk them through.

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SCOTUSBlog

NOVEMBER 12, 2024

Court of Appeals for the 9th Circuit allowed the action to proceed, and the Supreme Court agreed to review the matter. At issue in the case is the Private Securities Litigation Reform Act, a statute adopted in 1995 to stem securities class actions.

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At the Lectern

FEBRUARY 25, 2021

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. Coverage of the decision: Bob Egelko in the San Francisco Chronicle.

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SCOTUSBlog

JANUARY 19, 2022

Last year, the Supreme Court trimmed the scope of that law, unanimously ruling that one of its reforms does not apply to certain low-level crack-cocaine offenders. Some courts look solely at the revised statutory penalties for crack cocaine to decide whether a new sentence is warranted. A divided panel of the U.S.

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FDA Law Blog

SEPTEMBER 30, 2022

Kirschenbaum — In November 2020, we blogged about a decision by the Federal District Court of Maryland dismissing a Federal False Claims Act (FCA) qui tam suit alleging that Forest Laboratories knowingly reported inflated best prices under the Medicaid Drug Rebate Program (MDRP), resulting in underpayment of rebates. Burr , 551 U.S.

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SCOTUSBlog

DECEMBER 9, 2021

Share On Wednesday, the court heard oral argument in Shinn v. As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? The question raised in Shinn v.

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SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

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SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Supreme Court’s Decision The Supreme Court expressly overruled Chevron. Natural Resources Defense Council, Inc. ,

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Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. See our summary of the NY decision here ). The Utah Court issued an injunction preventing Aereo from operating in Utah until the issue is decided by the Supreme Court. . (See See our summary of the NY decision here ).

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Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void.

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Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad.

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Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. The Fifth Circuit Court of Appeals agreed with the government’s assessment.

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At the Lectern

MAY 5, 2022

Supreme Court draft opinion in a pending, exceptionally high-profile case has me considering leaks from California’s high court. Neither involved the disclosure of a draft opinion’s full text, just the bottom line of an impending decision. As it turned out, the decision did not come as a surprise.

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