Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. The US District Court in Utah released a well-reasoned decision finding that the service, by transmitting via the Internet over-the-air TV programming to subscribers without any consent from the TV stations or their program suppliers, violated the copyrights that the stations have in their programming.

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SCOTUSBlog

FEBRUARY 21, 2022

Tribal courts are often the only immediately available forum to address violent crime in Indian Country, but the sentences they can impose are extremely limited and often insufficient. also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. On Tuesday, in Denezpi v.

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SCOTUSBlog

MARCH 17, 2023

Meanwhile, the water level at Lake Powell, the massive reservoir created by the Glen Canyon Dam on the Utah-Arizona border, is at historic lows, threatening its ability to generate power. Court of Appeals for the 9th Circuit. Because these issues are jurisdictional, the Nation must persuade the court on both issues to prevail.

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SCOTUSBlog

AUGUST 6, 2021

Last year, the Supreme Court limited an SEC practice of seeking disgorgement awards without deducting legitimate expenses. Court of Appeals for the 2nd Circuit held that the SEC may enforce the act under its books-and-records powers. Next, NC Financial Solutions of Utah, LLC v. In Alpine Securities Corp.

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At the Lectern

DECEMBER 21, 2021

Rule 8.548 allows the Supreme Court to answer questions of California law posed by courts in other jurisdictions. The Ninth Circuit is almost always the court asking for help, but it doesn’t have to be. Rule 8.548 doesn’t allow a district court to ask the Supreme Court for a decision of California law.

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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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Constitutional Law Reporter

JANUARY 6, 2025

Supreme Court heard its final oral arguments of 2024. Below is a brief summary of the legal questions before the Court: Feliciano v. To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C.

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Fordham Law News

JANUARY 5, 2024

4] However, on November 2, 2023, it was announced that Major League Baseball had settled all three lawsuits with the minor league teams, avoiding the possible Supreme Court challenge, and sending the question of the validity of its long-held antitrust exemption back to the bullpen. [5] New York Yankees, Inc., National Basketball Assn.

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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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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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The Crime Report

FEBRUARY 23, 2022

Earlier this month, the Utah House of Representative’s Law Enforcement and Criminal Justice Committee, after lengthy and passionate debate, narrowly defeated a bill to repeal the death penalty. The death penalty was often described in Utah as “blood atonement “?the Executions are rare in Utah and so is the method.

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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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SCOTUSBlog

OCTOBER 4, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back. On Monday, the court granted nine petitions from the enormous number that built up over the summer. A short explanation of relists is available here. First up is Buffington v.

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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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SCOTUSBlog

AUGUST 20, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a direct challenge to the court’s ruling in McGirt v. Last year, the Supreme Court ruled 5-4 in McGirt v. Now, Oklahoma alleges in Oklahoma v. The total population of Oklahoma is just under four million residents.

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Conflict of Laws

OCTOBER 28, 2022

The Higher Regional Court (OLG) of Frankfurt a.M. The court clarified that the provision governs the jurisdiction of a court also in such cases where a consumer who has contracted with a professional counterparty subsequently relocates to another contracting State. Consequently, the court strengthens the position of consumers.

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Fordham Law News

MARCH 18, 2023

5] The statute requires plan fiduciaries act “solely in the interest of” and “for the exclusive purpose of. 7] In 2014, the Supreme Court held in Fifth Third Bancorp v. 31, 2023), [link] [2] See generally Complaint, Utah v. 1] Kathryn Mayer, States Sue to Block DOL’s ESG Rule , SHRM (Jan. Walsh, 23-cv-00016 (N.D. 26, 2023). [3]

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Patently O

MARCH 17, 2024

As we’ve explained in a series of articles , in many federal courts throughout the country, all or practically all cases are assigned to a single judge, giving litigants the ability to “judge shop”—that is, to choose their own judge. Simply put, district courts seem free to ignore everything the Judicial Conference has said.

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LettersBlogatory

OCTOBER 6, 2022

A court in Israel has ordered the government there to recognize marriages conducted by an officiant in Utah between Israelis attending remotely via videoconferencing from Israel. Why, you ask, would Israelis be interested in being married under Utah law? Cyprus is a typical destination.

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SCOTUSBlog

NOVEMBER 27, 2024

Because the company received no value in exchange for those tax payments (which paid debts owed by its owners), and because the company was insolvent at the time, they are the kind of payment covered by Utah’s Uniform Fraudulent Transfers Act. The big problem is that the payment was made to the IRS rather than a private creditor.

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The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Utah SB174 2020. No exception for rape or incest.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it]

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JonathanTurley

JULY 11, 2021

There is a troubling case in Panguitch, Utah where a woman has reportedly been charged with a hate crim e for allegedly “stomping on a ‘Back the Blue’ sign” at a gas station. 397 (1989), the Supreme Court voted 5-4 that flag burning was protected speech under the First Amendment to the United States Constitution. In Texas v.

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ClimateChange-ClimateLaw

OCTOBER 25, 2024

Investors who want the flexibility to consider all relevant risks to their investments have challenged these rules and laws in court, and, in both state and federal cases, the effort has succeeded. The federal court ruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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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.

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. The viability framework.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing. One reason the petitioners asked the D.C.

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ClimateChange-ClimateLaw

DECEMBER 11, 2023

When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. In the Supreme Court’s recent decision Biden v. While the decision has been appealed , a federal district court in Utah v.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). FEATURED CASE. 20-472 (U.S.

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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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ClimateChange-ClimateLaw

JUNE 8, 2021

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.

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. The Supreme Court still overturned the conviction. The 40-page lawsuit was written by D.C.

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ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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ClimateChange-ClimateLaw

DECEMBER 7, 2020

But there is reason to believe they might be invalidated by the courts. Thus, for example, the Secretary of the Interior has previously cancelled leases that were issued before the requirements of NEPA and other statutes were met. Those cancellations have, where considered, been upheld by the courts (see here for an example).

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ClimateChange-ClimateLaw

MAY 7, 2021

Supreme Court seeking review of the D.C. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. FEATURED CASE. States and Coal Company Sought Review of D.C.

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ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry.

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