Mondaq

JULY 21, 2022

On July 18, 2022, the New Jersey Supreme Court issued a decision interpreting New Jersey's Direct Action Statute, N.J.S.A. 17:28-2, and held that a claimant that pursues.

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Law 360

MAY 13, 2024

A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.

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SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact.

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Patently O

FEBRUARY 3, 2021

As an example, the Federal Wire Fraud statute makes it a crime to use the “wires” to move forward with “any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises.” But the federal fraud statutes at issue do not criminalize all such conduct.

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SCOTUSBlog

JANUARY 13, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight petitions that ask the court to consider, among other things, whether someone can sue under RICO to recover lost earnings. The district court ruled for the company on Horn’s RICO claim.

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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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SCOTUSBlog

MAY 2, 2021

Share The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S.

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SCOTUSBlog

JUNE 30, 2021

Share The Supreme Court held 5-4 in PennEast Pipeline Co. New Jersey that sovereign immunity does not shield New Jersey from condemnation proceedings instituted by a private company in federal court to obtain properties for a pipeline. The court rejected the sovereign immunity defense.

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SCOTUSBlog

OCTOBER 3, 2022

Share The fate of hundreds of millions of dollars in unclaimed money may depend on the Supreme Court’s interpretation of the term “money order” in an arcane 1974 federal statute. The dispute at the Supreme Court involves a category of financial products that MoneyGram calls “official checks.” On one side is Delaware.

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FDA Law Blog

FEBRUARY 5, 2023

Six district courts presided over these decisions. AstraZeneca won in the District of Delaware, while Sanofi Aventis and Novo Nordisk lost at the District of New Jersey. Both courts found the statute to be ambiguous, but only the Delaware court vacated HRSA’s penalties; the New Jersey court remanded the issue to HRSA.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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SCOTUSBlog

MAY 7, 2021

Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitive damages that doubles the compensatory damages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer. New Jersey. On appeal, the U.S.

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Patently O

AUGUST 2, 2021

Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy). Section 1404(a) seems straight forward as providing a district court discretionary authority to transfer a case. Patent Nos. 1404(a). (a)

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SCOTUSBlog

MARCH 28, 2022

Texas Department of Public Safety , to be argued on Tuesday, the Supreme Court will decide whether a private individual can sue his state-agency employer for violating the federal Uniformed Services Employment and Reemployment Rights Act of 1994. USERRA allows individuals to sue non-compliant employers in either state or federal court.

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FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). The currently pending lawsuits in federal court are AstraZeneca Pharmaceuticals v.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. New Jersey , 379 U.S. According to the Court, the Disputed Instruments share two relevant similarities with money orders.

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The Crime Report

FEBRUARY 10, 2022

Yet being locked up in a Florida prison, it turns out, doesn’t make someone a Florida resident, under a state Department of Education statute. A second document such as a utility bill, lease, court record or proof of family relationship to a Florida resident is also required. He most certainly hasn’t left the state for decades.

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The Crime Report

MAY 16, 2022

The primary architect of New York’s bail reform statute, Gianaris says that, in a system that promotes the idea of a person being innocent until proven guilty, the injustice in cash bail should be obvious to everyone. That is unjust in so many ways.”. percent in 2017 versus 11.5 percent, from 92.7 percent in 2014.

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Broadcast Law Blog

APRIL 13, 2016

A few states, including New Jersey and Florida, have passed criminal statutes making pirate radio illegal, but such enforcement, in the few cases that I have dealt with in those states, has tended to be a low enforcement priority for state authorities. What is the reality of this actually happening?

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency (EPA) lacked authority to administratively stay portions of new source performance standards for the oil and gas sector for which it had granted requests for reconsideration. The court therefore found that the stay was unauthorized and vacated it.

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The Crime Report

JULY 15, 2022

Already, New York lawmakers convened a special session seeking to cure the defects the Court found in Bruen. Similarly, on July 5, New Jersey Gov. These states’ new regimes go far beyond what more conservative, and generally more rural, states are inclined to seriously consider. Indeed, in the 1957 case U.S.

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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.

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SCOTUSBlog

MAY 19, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Laws governing elections and the right to participate in the political process receive varying degrees of scrutiny when challenged in court. A federal district court dismissed their lawsuit.

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SCOTUSBlog

JANUARY 14, 2022

New York, Connecticut, Maryland, and New Jersey filed suit, arguing that the new law violated the Constitution — specifically, Article I, Section 8 , and the 10th and 16th Amendments — because it interfered with states’ sovereign taxing authority by unduly coercing them to change their sovereign tax policies and by denying them equal sovereignty.

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SCOTUSBlog

DECEMBER 12, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Its been a big few days for the Supreme Court working through its backlog of relisted cases. Hawaii , the court denied review of a Second Amendment challenge to Hawaiis handgun-licensing scheme. In Wilson v.

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JonathanTurley

NOVEMBER 6, 2022

A panel on the United States Court of Appeals for the Ninth Circuit seemed to be channeling the lyrics of the musical Hamilton in noting that “Everything is legal in New Jersey.” Garber insisted that the court should have based its decision on the question of whether OPAA applied to Green’s claim.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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SCOTUSBlog

NOVEMBER 22, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been two weeks since our last installment without any new grants. The Supreme Court cleared out some old relists in the last few order lists. The court denied review in Smith v.

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Sports Court Education Laws 100

JonathanTurley

JULY 11, 2021

397 (1989), the Supreme Court voted 5-4 that flag burning was protected speech under the First Amendment to the United States Constitution. For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. The remedy in such cases is found in the court of public opinion. In Texas v.

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Misdemeanor Government Laws Statute 59

ClimateChange-ClimateLaw

OCTOBER 20, 2020

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.

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Court Government Compensatory Damages Litigation 72

JURIST

FEBRUARY 5, 2021

The US Supreme Court released an order on Wednesday granting the Biden administration’s request to remove oral arguments for challenges on now-defunct Trump administration immigration policies. The Supreme Court’s order separately granted a writ of certiorari in a natural-gas pipeline case. The removed cases, Mayorkas v.

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The Crime Report

JUNE 24, 2022

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 not what New Yorkers want,” Hochul said. ““We

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SCOTUSBlog

DECEMBER 5, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is continuing to work through its relisted cases. Court of Appeals for the 5th Circuit invalidating a system of subsidies for rural and low-income broadband service. million in damages.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.

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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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SCOTUSBlog

OCTOBER 2, 2023

Share The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” courts Dermody v. The specific question at issue in Mazo v. 6 attacks on the U.S. International Paper Co.

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