HowAppealing

OCTOBER 23, 2022

“Nonunanimous jury ban isn’t retroactive, Louisiana Supreme Court rules; Decision could keep 1,500 Louisiana inmates from getting new trials”: John Simerman of The Times-Picayune of New Orleans has this report on a ruling that the Supreme Court of Louisiana issued Friday.

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HowAppealing

NOVEMBER 14, 2023

“Louisiana State Bar violated lawyers’ free speech rights, appeals court rules”: Daniel Wiessner of Reuters has this report. Bernie Pazanowski of Bloomberg Law reports that “ Louisiana Lawyer’s Rights Violated by Wellness, LGBTQ+ Posts.” Court of Appeals for the Fifth Circuit at this link.

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HowAppealing

OCTOBER 26, 2022

“Reactions to the Louisiana Supreme Court ruling on Jim Crow Jury verdicts: ‘a grave misstep.'” The post “Reactions to the Louisiana Supreme Court ruling on Jim Crow Jury verdicts: ‘a grave misstep.'” ” Makenzie Boucher of The Shreveport Times has this report.

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JURIST

JUNE 15, 2021

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.

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HowAppealing

MARCH 10, 2023

“A Louisiana man whose conviction was overturned in a Supreme Court ruling against split juries is found not guilty at new trial; The court ruled in 2020 that Evangelisto Ramos’ conviction by a split jury was unconstitutional, allowing him to receive a second trial”: Corky Siemaszko of NBC News has this report.

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HowAppealing

DECEMBER 8, 2021

“Supreme Court Justice Jeff Hughes’ lawsuit against The Advocate can move forward, court rules”: Andrea Gallo of The Advocate of Baton Rouge, Louisiana has this report on a ruling that the Louisiana Court of Appeal, First Circuit , issued yesterday.

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JURIST

JULY 27, 2022

A California District Court Tuesday ruled that Uber’s refusal to provide electric wheelchair accessible vehicles (WAV) does not violate the Americans with Disabilities Act (ADA). The plaintiffs were three disabled individuals from New Orleans, Louisiana and Jackson, Mississippi.

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HowAppealing

MAY 17, 2021

“Ban on Non-Unanimous Verdicts Is Not Retroactive, Supreme Court Rules; The 6-to-3 decision, a sequel to a ruling last year, affects thousands of prisoners in Louisiana and Oregon”: Adam Liptak of The New York Times has this report. Supreme Court limits police power to enter homes with no warrant.”

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JURIST

JUNE 25, 2024

The Oklahoma Supreme Court ruled Tuesday that the creation of a publicly-funded religious charter school, S t. The court said the St. The court cited precedent saying this means states cannot pass laws “ which aid one religion, aid all religions, or prefer one religion over another.” The court said the St.

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JURIST

APRIL 16, 2024

The US Supreme Court Monday declined a petition for a writ of certiorari filed by Black Lives Matter organizer DeRay Mckesson, effectively allowing him to be sued by a Louisiana police officer for negligence. ” Both the district court and the Fifth Circuit looked to NAACP v. The case at bar, DeRay Mckesson v.

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JURIST

APRIL 24, 2021

The US Supreme Court ruled Thursday in Jones v. Jones argued that under two of the court’s recent decisions, 2012’s Miller v. Jones argued that under two of the court’s recent decisions, 2012’s Miller v. The court’s six conservative justices disagreed.

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SCOTUSBlog

JANUARY 24, 2025

Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a North Carolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.

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HowAppealing

FEBRUARY 2, 2023

“Domestic Abusers Have Gun Rights Too, US Appeals Court Rules; Court vacates conviction of Texas man tied to five shootings; Ruling is latest fallout from US Supreme Court landmark ruling”: Erik Larson of Bloomberg News has this report. Court of Appeals for the Fifth Circuit at this link.

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HowAppealing

MAY 19, 2022

“A federal appeals court says the S.E.C.’s Jody Godoy of Reuters reports that “ SEC in-house judges violate right to jury trial, appeals court rules.” ” And Brad Dress of The Hill reports that “ Court rules SEC’s internal judges are unconstitutional.”

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SCOTUSBlog

MARCH 10, 2023

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

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The Crime Report

MAY 18, 2021

Earlier this year, the Supreme Court in Jones v. Mississippi ruled judges do not need to make a factual finding of “permanent incorrigibility” when deciding to sentence a juvenile offender to life in prison without the possibility of parole. But the majority of the court unraveled this holding. In Miller v.

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SCOTUSBlog

MAY 20, 2022

Louisiana , the Supreme Court ruled that states could only convict defendants of serious offenses with a unanimous jury verdict. After Ramos , the Supreme Court of Puerto Rico ruled that the case “overturned our constitutional clause.” In Ramos v. In Centeno v.

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JURIST

NOVEMBER 3, 2022

Additionally, the Vermont Supreme Court ruled in 1802 that once crossed over into Vermont, a slave contract from another state was unenforceable. Evidence lies in both the constitutional language and judicial precedent. Article 1 of Vermont’s Constitution states “[t]hat all persons are born equally free and independent.”

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Law 360

JUNE 15, 2021

State Farm has asked a Louisiana federal judge to throw out a New Orleans restaurant's COVID-19 insurance coverage suit, urging the court to follow other federal courts' rulings that have "uniformly" held that the virus and resulting government orders do not cause property damage.

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Law 360

JUNE 13, 2022

A court ruling that vacated the largest offshore oil and gas lease sale in U.S. history undermines trust in contracts with the government, Shell says in an amicus brief backing Louisiana and the American Petroleum Institute's request that the D.C. Circuit overturn the ruling.

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JonathanTurley

MARCH 10, 2023

The conflict of interest contravenes a number of provisions in the Louisiana Code of Judicial Conduct , including Canon 1 requiring judges to uphold the independence and integrity of the court system. Judge Medley ran on a pledge that “as a single, working mother, Jennifer knows the crucial role the court plays in our lives.”

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SCOTUSBlog

NOVEMBER 4, 2024

Share The Supreme Court will hear arguments early next year in the latest chapter in a protracted dispute over race and redistricting in Louisiana. The court also sent Joseph Smith’s case from Alabama’s death row back to the court of appeals for more clarification of the basis for the lower court’s decision.

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Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. Plaintiff first argued that defendant waived its pre-suit notice argument “by failing to include a Rule 12.02 Code Ann. §

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JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. Justice Kavanaugh writes, quoting Linda R.S. :

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HowAppealing

MARCH 16, 2025

“Louisiana’s nitrogen gas execution back on for next week, federal appeals court rules”: Andrea Gallo, Meghan Friedmann, John Simerman, and Joseph Cranney of The Times-Picayune of New Orleans has this report. ” You can access Friday’s ruling of a divided three-judge panel of the U.S.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

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JURIST

OCTOBER 23, 2023

The US Supreme Court ruled Friday that the Biden administration can temporarily continue to communicate with social media companies about moderation policies, lifting a lower court ruling blocking communication between social media companies and a limited number of Executive Branch officials. That is most unfortunate.

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SCOTUSBlog

AUGUST 12, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The court held four years ago in Betterman v. In 1997, the state of Louisiana charged Nathaniel Lambert with three aggravated crimes: burglary, rape, and “crime against humanity.” The justices agreed.

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JURIST

DECEMBER 20, 2022

The US Court of Appeals for the Fifth Circuit Monday affirmed a preliminary injunction from the District Court for the Western District of Louisiana blocking the White House’s COVID-19 vaccine mandate for federal contractors. The ruling results from a 2-1 decision from the three-judge panel.

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HowAppealing

JUNE 23, 2022

“In Louisiana, an abortion clinic anxiously waits for a U.S. Supreme Court ruling; Louisiana’s ‘trigger law’ could immediately ban abortion if Roe is overturned”: Julie O’Donoghue and Piper Hutchinson of the Louisiana Illuminator have this report.

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The Crime Report

JULY 13, 2022

Was the Supreme Court decision last month overruling Roe v. Wade one of the worst decisions in the 233-year history of the Court? The ruling in Dobbs v Jackson Women’s Health Organization has been described as such by many judicial commentators and experts in the middle of the spectrum, and a large segment of the U.S.

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HowAppealing

NOVEMBER 20, 2024

“Louisiana’s Ten Commandments in classrooms law remains on hold, 5th Circuit rules”: Greg LaRose of Louisiana Illuminator has this report. Kevin McGill of The Associated Press reports that “ Court ruling stops Louisiana from requiring Ten Commandments in classrooms for now.”

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JURIST

JUNE 28, 2022

Texas District Court Judge Christine Weems Tuesday issued a temporary restraining order , which blocks the enforcement of Texas’ pre- Roe abortion ban. ” Further, the Court found the enforcement of this abortion ban would create for the plaintiffs an “irreparable, and imminent injury.”

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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SCOTUSBlog

OCTOBER 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Court of Appeals for the 5th Circuit affirmed. Louisiana , 21-993. New Relist.

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SCOTUSBlog

DECEMBER 18, 2021

Share As the COVID-19 pandemic enters its third year and the omicron variant causes a spike in cases, challenges to efforts by policymakers to respond to the pandemic continue to arrive at the Supreme Court. On Friday night, within hours of a ruling by the U.S. They contend that the policy exceeds OSHA’s authority.

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