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“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”: William Morris of The Des Moines Register has this report. Court of Appeals for the Eighth Circuit at this link.
My home state, Iowa, has disciplined an average of 68 attorneys (just under 1% of the number of practicing attorneys in the state) each year over the past decade. I’m an Iowa-based attorney and CPA. That is, not if you don’t allow it to become one. A rough extrapolation would suggest that perhaps thousands of attorneys across the U.S.
Share During oral argument in two consolidated cases on Tuesday, the court seemed poised to reverse the decision of the U.S. Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. At issue on Tuesday in two consolidated cases – U.S. SuperValu Inc.
Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. Court of Appeals for the 7th Circuit had found it was never relevant. SuperValu Inc. and United States ex rel.
Iowa and other states prohibit texting while driving but allow cellphone usage for other purposes, such as navigation. Iowa , police officers pulled Struve over after observing Struve using a cellphone – for an unidentifiable reason – for 10 seconds while driving. In Steven Struve’s case, Struve v. In the decision below, the U.S.
Share The False Claims Act has for decades been the government’s primary anti-fraud statute. Under the FCA, a defendant is liable for submitting a false claim to the government for payment if it acted “knowingly,” which the statute defines as acting with actual knowledge, deliberate ignorance, or reckless disregard.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court has granted review in eight cases, six of them relisted, on four different order lists. Of course, the court also denied cert for a couple relists. Court of Appeals for the 7th Circuit, held below).
Court of Appeals for the 5th Circuit striking down some provisions of the Indian Child Welfare Act. Although the district court largely agreed with the challengers, the en banc 5th Circuit later upheld various provisions. Four petitions involve a decision by the en banc U.S. In Branch Banking & Trust Company v. Cherokee Nation v.
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.
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.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Before we discuss changes to the Supreme Court’s docket this week, a word about last week’s post. The court wound up taking both the case brought by two school board members, O’Connor-Ratcliff v.
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 thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?
This would be similar to the controls over the rates of ASCAP, BMI and SESAC, whose rates can only be imposed following an agreement with a copyright holder or, where there is no voluntary agreement, by a determination by a court (for ASCAP and BMI) or an arbitration panel (for SESAC) that the new rates are reasonable.
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.
The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The court rejected this argument. Justice Thissen’s opinion also held that the statute did not create the racially disparate impact of felony disenfranchisement.
Civil rights groups filed a complaint on Thursday against Iowa state officials to stop the state’s recently enacted immigration law from going into effect on July 1. The law makes it a crime for a foreign national to enter Iowa after having been deported from the US in the past, regardless of current immigration status.
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.
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.
A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v. It’s reprehensible.
Share This article is part of a symposium on the court’s decision in Brnovich v. Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws.
The Senate Judiciary Committee on Thursday recommended that the Senate pass the Eliminating Limits to Justice for Child Sex Abuse Victims Act to empower victims of child sex abuse by removing the statute of limitations for federal civil child sex abuse claims, giving survivors unlimited time to file the claims.
In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. With an actively rogue Supreme Court, U.S. That silence speaks even more loudly than Professor Feldman’s screed. HeidiLiFeldman.
Nevertheless, then-FBI Director James Comey declared that “although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.”. The Justice Department explained in an Aug. 16, 2016, letter to Sen.
In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.
Similarly, other state constitutions may allow for the enactment of some, or even all, statutes based on the outcome of a popular vote. In contrast to the U.S. Ferguson in 1896 had narrowed the scope of the 14 th Amendment to the point that it was little different than it was before the Civil War.
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