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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SCOTUSBlog

JULY 3, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Emergency Medical Services employees in Cleveland County, North Carolina, work long shifts, and as a result are eligible for a mix of “straight-time” and overtime pay under the Fair Labor Standards Act.

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SCOTUSBlog

APRIL 8, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities. In Moore v.

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SCOTUSBlog

APRIL 15, 2022

A small group of bankruptcy judges in six of the 90-odd judicial districts nationwide, backed by their senators (in Alabama and North Carolina) managed to have their districts excluded from the U.S. When the program succeeded, it was made permanent and extended nationwide. Well, not quite. Trustee Program.

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SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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Above The Law

MAY 26, 2023

ABC News ] * North Carolina sued over its electronic court filing system. They won the elderly woman tax foreclosure case everyone was up in arms about and then they got the Supreme Court to gut wetlands protections. Law360 ] * Of the previous 100 anti-LGBTQ+ statutes passed, half of them were this year.

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SCOTUSBlog

JUNE 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. A list of all petitions we’re watching is available here.

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SCOTUSBlog

JUNE 14, 2024

Share Two years after the court ruled that a disparity in bankrupt debtors’ fees between judicial districts was impermissible, the justices on Friday ruled 6-3 that charging equal fees going forward is an adequate remedy for that disparity. By statute, the U.S. Here, she noted, Congress’s intentions were “unmistakable.”

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.

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SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. Garland and Garland v. Under 8 U.S.C.

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Patently O

JULY 1, 2021

court to a more convenient forum (N.D.Cal.). Ikorongo Texas is a Texas LLC (corporate registration in Texas), but its owners and managers all reside in North Carolina. In addition, the court may only transfer a case to a district where venue and personal jurisdiction are proper (“where it might have been brought”).

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Conflict of Laws

FEBRUARY 22, 2024

Supreme Court handed down its decision in Great Lakes Insurance SE v. In a unanimous opinion authored by Justice Kavanaugh, the Court concluded that the answer to this question was no. District Court for the Eastern District of Pennsylvania. The trial court ruled in favor of GLI. On February 21, 2024, the U.S.

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SquirePattonBoggs

FEBRUARY 16, 2021

Nearly every state allows federal courts to certify questions of state law to obtain definitive answers from state supreme courts on unsettled issues of state law. The United States Supreme Court has explained that certifications “saves time, energy, and resources and helps build a cooperative judicial federalism.”

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Patently O

FEBRUARY 21, 2022

Supreme Court 2022). This includes McLennan County, home of Waco Texas and Judge Albright’s court. This cutting-up of ownership rights is supported by old Supreme Court precedent as well as the Patent Act itself. Now, Ikorongo Texas has petitioned the Supreme Court for writ of certiorari. Samsung Electronics Co.,

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Patently O

MAY 28, 2021

Judge Albright’s efforts have succeeded in large part because his court, the U.S. District Court for the Western District of Texas, assigns cases to judges in a way that allows plaintiffs to know, with absolute certainty, that their case will be assigned to Judge Albright and not one of the fifteen other judges in the district.

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The Crime Report

DECEMBER 20, 2021

million judicial opinions published between 2000 and 2016 by federal and state courts in Pennsylvania. Courts failed to address 1,774 of those claims. Judges should certify that the “Brady rule,” mandated under a 1963 Supreme Court ruling, is followed at each criminal trial. or less than 4 percent. Certify Compliance.

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LawSites

DECEMBER 29, 2021

In the realms of legal technology and innovation, the pandemic had yielded silver linings – greater adoption of technology, more flexible workplaces, hybrid courts – that promised a future in which the legal profession and justice system would better serve those who need them. Do courts fully reopen or not?

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JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. In a real first amendment case, a court would have little patience with such a standard as a limitation on free speech. DeBartolo Corp.

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Broadcast Law Blog

OCTOBER 3, 2013

Congressman Mel Watt from North Carolina this week introduced his long-awaited bill proposing that over-the-air radio broadcasters pay a royalty to sound recording copyright holders (usually the record label) and to artists.

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JURIST

JANUARY 4, 2021

The Court of Appeals of North Carolina ruled Thursday that people who are or have been in a dating relationship with a same-sex partner are equally protected against domestic violence as persons in opposite-sex relationships placed in a similar situation. While relying on the Supreme Court decision in Bostock v.

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LawSites

DECEMBER 29, 2021

In the realms of legal technology and innovation, the pandemic had yielded silver linings – greater adoption of technology, more flexible workplaces, hybrid courts – that promised a future in which the legal profession and justice system would better serve those who need them. Do courts fully reopen or not?

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SCOTUSBlog

MARCH 21, 2022

Share With all eyes focused on the nomination hearing for Judge Ketanji Brown Jackson, selected by President Joe Biden to succeed the retiring Justice Stephen Breyer, the Supreme Court was back to work on Monday morning. The legislators then came to the Supreme Court, which agreed last fall to weigh in. In Berger v. But the U.S.

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SCOTUSBlog

JUNE 23, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s conference represents the Supreme Court’s last currently scheduled conference. Last November, the North Carolina legislature enacted a new map for congressional elections in response to the 2020 U.S.

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SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. Both the district court and the U.S. The en banc U.S.

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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. While I am not a North Carolina lawyer, the state does not appear ideal for plaintiffs in this type of action and the facts of the case could present other difficulties.

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Conflict of Laws

FEBRUARY 29, 2024

The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Yegiazaryan v. In Abitron Austria GmbH v.

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SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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SCOTUSBlog

FEBRUARY 22, 2022

As some Supreme Court podcasters have noted, Justice Stephen Breyer’s retirement announcement in late January pushed the so-called Maskgate controversy out of the spotlight. Perhaps the court has concluded that certain podcasters are in need of more fodder for their metaphors about the status of the court.

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The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

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Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. University of North Carolina, which are poised to determine the role of affirmative action in college admissions. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Harvard College and SFFA v. 306 (2003).

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The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. Courts would describe the behavior as coercion in any other context. Supreme Court’s cramped interpretations of the Fourth Amendment enable these sorts of abuses. Courts must level the playing field and start pushing back.

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SCOTUSBlog

JANUARY 20, 2022

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 ?

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule. In Jackson v.

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The Crime Report

SEPTEMBER 2, 2022

They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The court issued a cryptic and unusual “per curiam” decision – one which is a given in the name of the court rather than any specific judges. What they got instead was something less.

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The Crime Report

NOVEMBER 24, 2021

For example, according to Josie Caves Sivaraman, a Postdoctoral Research Associate in the Department of Psychiatry and Behavioral Sciences at Duke University School of Medicine, North Carolina has no restriction, and anyone over the age of 18 can purchase a firearm.

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