Patently O

NOVEMBER 5, 2024

by Dennis Crouch The Supreme Court has before it another important petition highlighting the Federal Circuit's approach to statutory interpretation and administrative authority. US stems from a Federal Circuit appellate decision focusing on the statute of limitations for awarding back pay associated with Combat-Related Special Compensation.

Statute 40

Statute Court 40

Patently O

FEBRUARY 20, 2024

By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. ” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” ” 17 U.S.C. § See Sohm v.

Statute 105

Statute Diligence Court Laws 105

FDA Law Blog

MAY 30, 2024

Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.

Manufacturing 57

Manufacturing Contract Statute Court 57

SCOTUSBlog

JUNE 27, 2023

After Mallory was diagnosed with colon cancer, he went to court in Pennsylvania and argued that he had been exposed to asbestos and other toxic chemicals while working for Norfolk Southern. Norfolk Southern urged the state court to throw out Mallory’s lawsuit. The lower courts agreed, but on Tuesday the Supreme Court reversed.

Laws 119

Laws Court Manufacturing Statute 119

Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. courts over disputes that arise in other countries. Washington (1945).

Court 40

Court Statute Cause of Action Contract 40

Patently O

JUNE 10, 2024

by Dennis Crouch In April 2024, the Supreme Court granted certiorari in the consolidated cases of Bufkin v. McDonough , two veterans’ benefits cases on appeal from the Court of Appeals for the Federal Circuit. 396 (2009), the Court construed § 7261(b)(2), the sister provision to § 7261(b)(1) at issue here. Sanders , 556 U.S.

Court 80

Court Government Law School Statute 80

The Crime Report

JUNE 2, 2021

The department pointed to the Arizona statute allowing a defendant sentenced to death to choose between lethal injection or lethal gas at least 20 days before the execution date. Lethal gas is permitted for executions in six other states: Alabama, California, Mississippi, Missouri, Oklahoma and Wyoming.

Statute 98

Statute Legal Legal Court 98

SCOTUSBlog

MARCH 25, 2022

Share The Supreme Court is poised to decide yet another case involving one of the many federal statutes that govern the nation’s railroads and railworkers. The court will hear argument on Monday in LeDure v. Union Pacific Railroad Company , a case about the scope of the Locomotive Inspection Act.

Statute 101

Statute Court Government Criminal Law 101

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.

Court 95

Court Court Decisions Statute Legal 95

Conflict of Laws

AUGUST 24, 2023

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II. It is cross-posted at Transnational Litigation Blog. After a reversal and remand from the U.S.

Laws 52

Laws Statute Court Tort 52

Patently O

MARCH 15, 2023

Jordan is a second-year law student at the University of Missouri School of Law and a registered patent agent. 13, 2023) , Judge Taranto (joined by Judges Lourie and Stoll) largely affirmed the district court’s dismissal, confirming that the Director’s instructions are unreviewable. The district court ruled that 35 U.S.C. §

Statute 64

Statute Litigating Litigation Court 64

JURIST

JUNE 10, 2021

The US Court of Appeals for the Eighth Circuit on Wednesday affirmed a lower court decision to block enforcement of a Missouri law that would place tight restrictions on access to abortion. House Bill 126 , the “Missouri Stands for the Unborn Act,” includes a gestational age provision and a Down syndrome provision.

Court 190

Court Statute Court Decisions Attorney 190

SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. 1605(a)(3) ).

Tort 127

Tort Court Laws Litigating 127

JURIST

AUGUST 21, 2024

The Arizona Supreme Court ruled on Tuesday that a 200-word description of a ballot initiative to enshrine a right to abortion in the state’s constitution was valid and determined voters would see the initiative on the statewide general election ballot.

Court 211

Court Statute Court Rules Laws 211

JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. Missouri does not appear to have a formal retraction law, but it is still considered a necessary step. The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. The letter notifies Carron J. In New York Times v.

Punitive Damages 44

Punitive Damages Court Lawyer Lawyers 44

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.

Immigration 83

Immigration Court Government Laws 83

SCOTUSBlog

JUNE 24, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The last scheduled conference of the Supreme Court’s term — which this term is being held Thursday — is usually one that yields many grants. A short explanation of relists is available here. citizen. (The

Administrative Law 73

Administrative Law Immigration Laws Government 73

Above The Law

MARCH 11, 2022

I know long-arm statutes are a thing, but Missouri's attempt to ban abortions that happen in other states would make the court that wrote Wickard blush. [ . * New Florida law makes it easier to regulate how people discuss race at work. HR HRs HR-rily. [ USA Today ]. * STL Today ]. The post Morning Docket: 03.11.22

Statute 98

Statute Laws Court 98

Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit. In Biden v. Nebraska , 600 U.S. _ (2023), the U.S.

Court 52

Court Education Drafting Legal 52

Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. Supreme Court unanimously held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. City of St.

Court 52

Court Statute Drafting Constitutional Law 52

SCOTUSBlog

JANUARY 13, 2022

Share With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on Thursday put the Biden administration’s vaccine-or-test mandate for large employers on hold, while litigation over its legality continues in the lower courts.

Court 145

Court Healthcare Government Statute 145

SCOTUSBlog

APRIL 26, 2024

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. The district court refused, but the U.S.

Felony 112

Felony Personal Injury Court Cause of Action 112

JURIST

AUGUST 18, 2021

A group of Arizona plaintiffs filed a lawsuit in federal court on Tuesday seeking to block implementation of two provisions of an abortion law set to go into effect in September. The personhood provision, on the other hand, “alters the entire Arizona Revised Statutes.”

Statute 197

Statute Court Attorney Laws 197

SCOTUSBlog

JULY 16, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, another case involving state abortion restrictions, as well as a constitutional challenge to limits placed on the repayment of “personal loans” made by political candidates to their own election campaigns. Wade , should be overruled.

Statute 104

Statute Court Manufacturing Laws 104

Constitutional Law Reporter

FEBRUARY 1, 2022

Supreme Court issued decisions in two closely-watched cases involving vaccine mandates imposed by the Biden Administration. Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Such decisions should fall on Congress, according to the Court.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

SCOTUSBlog

JUNE 3, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the Biden administration’s vaccine mandate for health care workers, and a Turkish bank’s immunity claim. In Missouri v. Missouri v. In March, the states asked the U.S. In contrast, according to Halkbank’s petition, the U.S.

Healthcare 84

Healthcare Government Court Statute 84

SCOTUSBlog

NOVEMBER 8, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered there and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v. Gold Issue Mining & Milling Co. ,

Court 92

Court Laws Lawyer Lawyers 92

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. __.

Tort 34

Tort Litigating Litigation Construction 34

SCOTUSBlog

NOVEMBER 1, 2024

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Two years ago, when the court overruled the constitutional right to abortion in Dobbs v. This week, we highlight petitions that ask the court to consider, among other things, whether to overrule Hill.

Court 108

Court Statute Litigating Litigation 108

The Crime Report

MAY 29, 2023

Yandell filed his lawsuit alleging fraud against the Branson, Missouri sports camp in November, and the case has moved forward despite pushback from the camp. According to court documents, Kanakuk’s CEO Joe White denied Cunningham’s request to terminate Newman. “If

Sports 145

Sports Court Legal Legal 145

Constitutional Law Reporter

JANUARY 31, 2022

The Supreme Court’s January sitting started off with the late addition of two cases challenging vaccine mandates imposed by the Biden Administration. The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts.

Immigration 52

Immigration Statute Tort Healthcare 52

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.

Tort 35

Tort Litigating Litigation Construction 35

JonathanTurley

DECEMBER 27, 2023

The Missouri Court of Appeals has now prevented that return of the weapons by denying a motion for replevin. 1976), where the Missouri Supreme Court examined the effect of a gubernatorial pardon on Guastello’s conviction for selling liquor on a Sunday to which he had pleaded guilty.

Court 43

Court Felony Misdemeanor Statute 43

SCOTUSBlog

MARCH 16, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will observe St. Court of Appeals for the 8th Circuit affirmed. And then the Supreme Court decided Dobbs v. A short explanation of relists is available here.

Court 19

Court Statute Litigating Litigation 19

SCOTUSBlog

OCTOBER 20, 2023

Share The Supreme Court on Friday refused a request by Missouri to reinstate a state law that bars police officers from enforcing federal restrictions on the sale and ownership of firearms that the state believes violate the Second Amendment. Missouri Gov. Wimes barred Missouri from enforcing the law. 29, the U.S.

Laws 144

Laws Court Statute Felony 144

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” Wyoming filed a separate complaint in the federal District Court for its own state.

Statute 152

Statute Government Court Legal 152

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. Six Flags St.

Tort 43

Tort Litigating Litigation Construction 43