Livesay&Myers

APRIL 5, 2021

The Virginia General Assembly has made a significant change to Virginia Code § 20-106 concerning the requirements for a no-fault divorce. Effective July 1, 2021, Virginia law will no longer require a corroborating witness for a divorce based on no-fault grounds. There are advantages and disadvantages to each.

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Divorce Laws Family Law Statute 90

SCOTUSBlog

JANUARY 20, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether federal courts can review the rates TVA charges its clients for power. In Holbrook v.

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Statute Court Laws 81

SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. The Supreme Court has held that the federal crime of obstruction of justice requires “interference with a pending or ongoing proceeding to administer justice.” In 2014, Pugin pleaded guilty in Virginia to being an accessory after the fact to a felony.

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Immigration Statute Felony Court 109

JURIST

JULY 21, 2021

The US District Court for the Eastern District of Virginia on Friday granted Microsoft Corporation (Microsoft) a temporary restraining order (TRO) requiring domain registrars to disable service on the malicious “homoglyph” domains identified in Appendix A to Microsoft’s complaint.

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Court Diligence Statute Legal 118

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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Court Statute Administrative Law Laws 101

SCOTUSBlog

AUGUST 22, 2023

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

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Statute Court Laws 98

SCOTUSBlog

JUNE 27, 2023

The plaintiff in the case was Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. Under Pennsylvania law , that registration gives Pennsylvania courts general jurisdiction over Norfolk Southern and any other company that register to do business in the state.

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Laws Court Manufacturing Statute 111

At the Lectern

OCTOBER 24, 2022

The California Supreme Court Historical Society will present a program about Perez v. 2d 711, where a divided court held to be unconstitutional Civil Code statutes prohibiting inter-racial marriages. Supreme Court’s Loving v. Virginia (1967) 388 U.S. Sharp (1948) 32 Cal.2d The decision preceded the U.S.

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Court Statute Lawyers Lawyer 78

SCOTUSBlog

JANUARY 5, 2024

In May 2022, a divided Supreme Court put the Texas law on hold while the challenges to the law continued in the lower courts. Court of Appeals for the 5th Circuit later rejected those challenges and upheld the law, while the U.S. Court of Appeals for the 11th Circuit barred the state from enforcing most of the law.

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Court Calendaring Contract Statute 109

Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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Court Contract Stare Decisis Entertainment 52

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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Stare Decisis Statute Court Contract 98

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. In Alpine Securities Corp. Next, NC Financial Solutions of Utah, LLC v.

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Attorney Statute Contract Court 104

JURIST

JUNE 15, 2024

A US federal judge ordered a retrial on Friday in a case involving allegations that Virginia-based military contractor CACI Premier Technology, Inc. The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law.

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Tort Statute Contract Technology 99

SCOTUSBlog

NOVEMBER 4, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. Court of Appeals for the 11th Circuit upheld Daye’s deportation order.

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Construction Court Immigration Statute 81

SCOTUSBlog

NOVEMBER 5, 2021

When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. The district court and the U.S. The court clarified one provision of the law last term in Terry v. In Loughry v.

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Statute Court Litigation Litigating 101

Livesay&Myers

MARCH 22, 2021

The Virginia legislature has made a significant change to Virginia Code § 20-108.1 concerning child support and when the court may find a party to an action is either voluntarily unemployed or underemployed. The court can then determine the child support calculation as if the party were still earning $75,000 per year.

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Laws Family Law Court Attorney 98

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S. New Jersey.

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Government Statute Cause of Action Entertainment 103

The Crime Report

JULY 22, 2021

In some examples cited in the paper, a Virginia defendant in Virginia charged with transporting marijuana pleaded guilty to trafficking a different type of drug altogether; a New York defendant charged with animal cruelty pleaded guilty to trespassing even though no trespassing was involved.

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Misdemeanor Laws Lawyers Lawyer 122

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

LettersBlogatory

AUGUST 25, 2021

After the Sun published a column calling Depp a “wife-beater,” Depp sued the paper for libel in the English court. He later sued Heard in Virginia for libel in light of a Washington Post column in which he claimed she had falsely characterized him as a domestic abuser. Did the court do something funky here, too?

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Statute Court 52

Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Supreme Court’s Decision The Supreme Court reversed.

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Court Laws Cause of Action Constitutional Law 52

Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. This argument was quickly rejected by the court. (2) Celgene Corp. Mylan Pharma ( Fed.

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Statute Manufacturing Court Decisions Court 95

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.

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Manufacturing Contract Statute Court 59

SCOTUSBlog

DECEMBER 6, 2021

On Tuesday, the Supreme Court will delve into that question in United States v. In 2003, Justin Eugene Taylor sold marijuana in Richmond, Virginia. The case involves the interaction of two federal criminal statutes. The second statute is 18 U.S.C. § The district court sided with the government, but the U.S.

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Felony Government Statute Court 104

SCOTUSBlog

NOVEMBER 20, 2023

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The court designated six cases as bellwether cases. And in Erlinger v.

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Litigating Litigation Tort Statute 110

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute? But can an AI system be a named inventor on a patent? Patent Appl.

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Statute Technology Court Laws 96

SCOTUSBlog

MAY 27, 2022

In district court, Georgia corrections admitted that its policy substantially burdened Smith’s religious exercise, but it argued that various safety and security concerns justified its refusal to allow beards of any greater length. Court of Appeals for the 11th Circuit reversed , re-instating the half-inch limit.

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Diligence Statute Government Misdemeanor 102

Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Court Statute Constitutional Law Contract 52

JURIST

OCTOBER 28, 2024

Virginia elections officials filed an emergency application to stay with the US Supreme Court Monday, requesting the court restore a state program that would remove 1,600 individuals from state voter lists. The federal district court ruled that the order violated the National Voter Registration Act (NVRA).

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Court Immigration Statute Court Rules 195

The Crime Report

JUNE 16, 2022

Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. This means that the court must find beyond a reasonable doubt that the defendant meant to harm the individual before being provoked or engaging in a mutually combated altercation.

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Law School Court Statute Laws 105

At the Lectern

SEPTEMBER 29, 2022

2d 711, where a 4-3 California Supreme Court held to be unconstitutional Civil Code statutes prohibiting “[a]ll marriages of white persons with negroes, Mongolians, members of the Malay race, or mulattoes.” Supreme Court struck down state statutes that banned inter-racial marriages. Virginia (1967) 388 U.S.

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Lawyers Lawyer Statute Court 45

ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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Court Construction Laws Government 83

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 112

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.

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Court Statute Cause of Action Contract 40

SCOTUSBlog

MARCH 17, 2023

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Over one hundred years ago, the Supreme Court found that the creation of Indian reservations arising from Indian land cession treaties in the arid west necessarily created Indian reserved water rights.

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Government Statute Court Litigation 111

JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. If the letter prompts arrests, we could see a major free speech challenge in the courts. Under a federal law, 18 U.S.C. However, the timing is particularly interesting.

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Court Laws Statute Constitutional Law 56

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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Court Laws Statute Court Decisions 111