Law 360

JULY 24, 2024

A Kentucky federal judge has ruled that digital information isn't covered by the federal smuggling statute and dismissed a charge against a magnetics manufacturer and two executives accused of emailing magnet schematics to Chinese companies.

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Manufacturing Statute Laws Court 52

Diane Drain

APRIL 15, 2021

At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. Another is that it would turn any existing court judgment into a lien on a person’s home, automatically and retroactively. Morris Institute of Justice, in a commentary.

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Laws Small Business Attorney Finance 211

SCOTUSBlog

SEPTEMBER 3, 2021

Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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SCOTUSBlog

JUNE 23, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering a whopping 191 petitions and applications at this week’s conference. The court of appeals denied the Moores’ petition for panel rehearing and rehearing en banc.

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Education Statute Court Government 117

SCOTUSBlog

JANUARY 23, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. But the law caught the attention of a number of states and industry players, which have been fighting it in court ever since. The district court dismissed both claims.

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SCOTUSBlog

DECEMBER 10, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The state appeals court jettisoned the oral-communication violations, holding that there was no evidence of what Ethicon executives and sales representatives actually said when discussing pelvic mesh across the state.

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The IP Law Blog

JANUARY 18, 2024

Well-known examples of trade secrets include the recipe for Coca-Cola, Google’s search algorithm, the recipe for Kentucky Fried Chicken, the WD-40 formula, the recipe for McDonald’s secret sauce, Hershey’s chocolate-making process, and Procter & Gamble’s consumer research methods. But there are exceptions and exclusions under patent law.

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Manufacturing Laws Statute Technology 113

SCOTUSBlog

JUNE 29, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court announced that it would hold its “mop up” conference for October Term 2022 on Thursday, after completing the day’s opinion announcements. A short explanation of relists is available here.

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Immigration Court Government Laws 93

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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Tort Court Compensatory Damages Punitive Damages 43

SquirePattonBoggs

SEPTEMBER 18, 2023

Although the Court did not rehear the case en banc, a majority of active judges weighed in on the interpretive issue by joining one of the three opinions the order generated. The central issue in Carpenter has percolated in the federal courts of appeals for a while. Before diving into the opinions, let’s set the stage. 3d 522 (6th Cir.

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Statute Court Laws Government 64

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. We wrote in more detail about these changes, here.

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Government Legal Legal Statute 59

JURIST

FEBRUARY 16, 2023

The Kentucky Supreme Court Thursday ruled to keep two statewide abortion restrictions in place. Both restrictions went into effect when the US Supreme Court reversed Roe v. The statutes both include exceptions for cases in which the life of the mother is at risk but do not provide exceptions for rape or incest.

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Court Statute 196

JonathanTurley

OCTOBER 31, 2021

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood.

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Tort Litigating Litigation Construction 51

JonathanTurley

OCTOBER 30, 2022

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood. __.

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Tort Litigating Litigation Construction 49

JURIST

NOVEMBER 13, 2024

The American Civil Liberties Union on Tuesday filed a class action lawsuit challenging two Kentucky abortion bans for violating the state’s constitutional right to privacy and self-determination. In February 2023, the Supreme Court of Kentucky declined a similar challenge to the abortion bans. Wade in June 2022.

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Entertainment Healthcare Statute Legal 197

JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. Planned Parenthood of Indiana and Kentucky filed a complaint arguing that the law is unconstitutionally vague. However, Judge St.

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Statute Laws Court Misdemeanor 288

SCOTUSBlog

JUNE 20, 2024

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, and with only the October and November argument sittings filled, the court has switched into high gear. Court of Appeals for the D.C.

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Court Laws Government Real Estate 118

SCOTUSBlog

MARCH 11, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. An Oregon-based timber company went to federal court in Oregon to challenge the monument’s expansion. The Oregon district court rejected the timber company’s challenge. But the D.C. On appeal, the U.S.

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Government Statute Court Laws 99

Constitutional Law Reporter

MARCH 21, 2022

Supreme Court held that the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. Supreme Court’s Decision. In Cameron v. Facts of the Case.

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Laws Attorney Litigation Litigating 52

SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. 20-56174, 2022 U.S. 6 (9th Cir.

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Statute Lawyer Lawyers Court 45

SCOTUSBlog

MAY 31, 2024

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.

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Court Felony Government Laws 98

SCOTUSBlog

JUNE 13, 2024

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.

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Government Court Laws Litigation 128

The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. The courts are not for landless laborers. Photo by Karen Neoh via Flickr. Plea bargaining coincided with overt classism in the legal system. DC: The law exists to protect capital.

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Stare Decisis Lawyer Lawyers Legal 139

SCOTUSBlog

JUNE 15, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering 117 petitions and applications at this week’s conference. The court will be looking most closely at Kincaid v. . A short explanation of relists is available here.

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Constitutional Law Reporter

OCTOBER 18, 2021

Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. While this matter was pending before the Sixth Circuit, the Secretary retained lawyers from the Kentucky Attorney General’s office to represent him.

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Attorney Lawyer Lawyers Constitutional Law 59

SCOTUSBlog

JUNE 6, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. A short explanation of relists is available here.

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Court Attorney Government Laws 106

Constitutional Law Reporter

NOVEMBER 11, 2021

Supreme Court heard oral arguments in four cases last week. The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. Below is a brief summary of the issues before the Court: Cameron v.

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Attorney Constitutional Law Statute Court 59

SCOTUSBlog

MAY 28, 2024

The justices did not act on two sets of high-profile petitions that they considered last week: a group of challenges to bans imposed by Illinois and several municipalities in that state on assault weapons and high-capacity magazines, as well as challenges to bans on gender-affirming care for minors in Tennessee and Kentucky.

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Court Felony Lawyer Lawyers 129

SCOTUSBlog

MARCH 16, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Justice Samuel Alito has spoken of the importance of safeguarding the free exercise of religion , and recently , free exercise questions have been a particular focus of the Supreme Court.

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Statute Small Business Court Attorney 112

SCOTUSBlog

JUNE 8, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. On Monday, the Supreme Court granted review in Vidal v. Otherwise, all of last week’s cases are back for another week at the court. Courts of Appeals for the D.C. First, the “old business.”

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Court Government Statute Laws 75

JonathanTurley

OCTOBER 30, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. See Pennsylvania General Assembly Statute §7102. Again, the court agreed.

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Constitutional Law Reporter

SEPTEMBER 16, 2024

Supreme Court refused to lift preliminary injunctions preventing the Department of Education from implementing a new rule that broadens the definition of sex-based discrimination under Title IX of the Education Amendments of 1972 to prohibit discrimination based on gender identity and sexual orientation in federally funded schools.

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Education Government Court Constitutional Law 52

ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. Indeed, the Supreme Court established Fashion Originators’ Guild of America v. Texas, Kentucky, and others, most recently Oklahoma, have all released their own blacklists of financial companies prohibited from doing business with those states. FTC , 312 U.S.

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Finance Government Laws Legal 105

ClimateChange-ClimateLaw

NOVEMBER 23, 2022

The Supreme Court has held that in instances where state regulation “expressly references” ERISA, federal preemption should apply. 825 (1988), a Georgia statute “expressly referred” to an ERISA benefit plan. However, the Opinion also describes Kentucky’s fiduciary standards as “like ERISA.” In Mackey v. Lanier , 486 U.S.

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Laws Statute Government Attorney 58

SCOTUSBlog

JANUARY 29, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Last spring, Tennessee and Kentucky enacted laws that prevent children under the age of 18 from receiving gender-affirming care. The appeals court similarly rejected the due process challenge. Kentucky ex rel.

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Court Government Laws Healthcare 96

JonathanTurley

DECEMBER 28, 2021

The United States Court of Appeals for the Ninth Circuit has handed down a significant ruling on the exception to the First Amendment for criminal threats. The court reversed the decision of District Court Judge Charles Breyer, who rejected the charges against Howard Weiss who threatened Senate Minority Leader Mitch McConnell.

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Government Court Laws Criminal Law 58

SCOTUSBlog

FEBRUARY 16, 2024

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.

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