Constitutional Law Reporter

JULY 23, 2024

As enacted in 1984, the statute at issue in the case, 18 U.S.C. Justice Kavanaugh cited that six reasons that, taken together, led the Court to conclude that §666 is a bribery statute and not a gratuities statute—”text, statutory history, statutory structure, statutory punishments, federalism, and fair notice.”

Statute 52

Statute Court Rules Court Contract 52

Patently O

APRIL 3, 2023

The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute. In my view, this result better aligns with both tradition and the reading of the statute.

Diligence 113

Diligence Statute Construction Court 113

SCOTUSBlog

JUNE 26, 2024

First, he explained, the text of the statute is modeled on the provision criminalizing bribery for federal officials, and it “bears little resemblance” to the provision that makes it a crime for federal officials to accept gratuities for their past acts.

Laws 111

Laws Statute Court Government 111

SCOTUSBlog

OCTOBER 3, 2022

Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v. A remand is not, therefore, necessary.

Statute 110

Statute Government Diligence Court 110

Attorney at Work

JUNE 23, 2022

Third, there may be no statute of limitations for these kinds of complaints. Sometimes you’ll have a great first meeting with a potential client, but in their diligence, they will come across an obscure headline or a public filing with your name and sanction in it. Document more than you ever thought you needed to about your work.

Attorney 304

Attorney Legal Legal Diligence 304

SCOTUSBlog

MAY 27, 2022

Convicted CEO asks justices whether Brady imposes a due diligence requirement on defendants. United States , the justices are asked to decide whether a due diligence requirement exists for defendants advancing claims under Brady v. Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise.

Diligence 99

Diligence Statute Government Misdemeanor 99

Patently O

OCTOBER 16, 2023

In Sonos , Judge Alsup found Sonos’s patents unenforceable due to prosecution laches, despite Sonos diligently prosecuting related applications for 13 years; serially filing a continuation with each allowance. However, the court found that diligence “does not render the delay any less unreasonable and inexcusable. Sonos Inc.

Diligence 126

Diligence Technology Statute Drafting 126

SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

Legal 138

Legal Legal Court Statute 138

FDA Law Blog

FEBRUARY 26, 2025

M&A rises and falls on due diligence along with other factors like market conditions and growth opportunities, so compliance and quality are vital links in any deal chain. For one thing, the possible answers to our rhetorical questions above are not final yet and will take years to sort out.

Diligence 66

Diligence Manufacturing Statute Government 66

JURIST

JULY 21, 2021

The court noted that Microsoft request for an emergency ex parte relief in this instance was not due to lack of due diligence on its part but based upon the “nature of defendant’s unlawful conduct,” and relieved Microsoft of the duty to provide defendants with prior notice of Microsoft’s motion for the TRO.

Court 118

Court Diligence Statute Legal 118

SCOTUSBlog

APRIL 25, 2022

It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. The statute provides for jurisdiction over “such matter,” but does not say what “such matter” is. The statute must provide “a clear tie between the deadline and the jurisdictional grant.”.

Statute 99

Statute Court Diligence Government 99

Patently O

FEBRUARY 20, 2024

” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” MGM and SCA Hygiene Products stating that the statute of limitations “ordinarily” begins with the wrongful act. ” 17 U.S.C. § See 38 U.S.

Statute 105

Statute Diligence Court Laws 105

SCOTUSBlog

DECEMBER 3, 2021

Responding to a shocking pattern of self-dealing and mismanagement in employee pension plans, the statute federalized a great deal of the law governing those plans. Adopting a standard from the common law of trusts, ERISA obligates them to act with the “care, skill, prudence, and diligence [of] a prudent man [ sic ].”

Diligence 119

Diligence Statute Court Laws 119

Patently O

MAY 25, 2021

Crouch [1] diligently placed Ford on our class’s radar as the midterm approached, and I was crossing my fingers every day to hope that my new Civil Procedure book wasn’t going to become outdated less than six months after I bought it. I had my midterm on March 19, 2021 – six days before the Ford Motor Co. Montana Eighth Judicial Dist.

Law School 122

Law School Laws Statute Diligence 122

SCOTUSBlog

APRIL 20, 2023

When a statute includes directions to litigants, such as filing deadlines, that are conditions to relief the interpretive question is whether those directions are “jurisdictional.” But if they are not, then often litigants will lose the opportunity to press them if they are not diligent. Now we get to the issue before the court.

Court Rules 102

Court Rules Court Statute Litigating 102

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. , 28-3-105.)

Tort 59

Tort Statute Diligence Contract 59

Legal Writing Launch

OCTOBER 4, 2024

Lawyers need to draft meticulously documents such as contracts, wills, and statutes to ensure that these documents are enforceable and comprehensible. This precision is particularly crucial in statutes, regulations, and contracts, where exact wording is necessary to outline legal rights and obligations unequivocally.

Legal 130

Legal Legal Drafting Lawyer 130

Patently O

APRIL 20, 2021

1 When practicing virtually, lawyers must particularly consider ethical duties regarding competence, diligence, and communication, especially when using technology.

Laws 69

Laws Document Management Statute Technology 69

SCOTUSBlog

JANUARY 11, 2022

It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case. Department of Veterans Affairs. How can the presumption be rebutted?

Statute 108

Statute Law Firms Law Firm Government 108

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. § Code Ann. §

Statute 59

Statute Cause of Action Diligence Court Rules 59

ClimateChange-ClimateLaw

MARCH 29, 2023

The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question. The advisory opinion could also rely on these decisions to explore the applicability of the no-harm principle and the related due diligence obligations in the context of climate change.

Diligence 145

Diligence Litigation Litigating Legal 145

Diane Drain

OCTOBER 29, 2020

The Arizona statute, which includes the conditions that must be complied with before the Sheriff will even schedule a Sheriff’s Execution Sale of a Homestead Residence, is set forth in full below: 33-1105. The Sheriff will mail a copy of the Notice of Sale to the Judgment Creditor well in advance of the Sheriff’s. Execution Sale date.

Real Estate 197

Real Estate Depositions Diligence Calendaring 197

Constitutional Law Reporter

JUNE 17, 2024

The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. Under the so-called discovery rule, a claim accrues when “the plaintiff discovers, or with due diligence should have discovered,” the infringing act. We hold that no such limit on damages exists.” Metro-Goldwyn-Mayer , Inc. ,

Diligence 52

Diligence Statute Court Constitutional Law 52

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

Diligence 59

Diligence Litigating Litigation Legal 59

Paralegal-Edu.Org

APRIL 26, 2024

Yet, behind every successful attorney stands a diligent and indispensable ally: the paralegal. They may be involved in the research of case laws, statutes, or regulatory provisions and thereby display their proficiency in mining large legal repositories to dig out precedents, relevant statutes, and other important information.

Paralegals 76

Paralegals Paralegal Legal Assistance Legal Assistant 76

Day on Torts

FEBRUARY 3, 2022

Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Defendant filed a new motion to dismiss, asserting that plaintiffs’ various informed consent claims were barred by either the statute of repose or the statute of limitations.

Statute 59

Statute Tort Court Diligence 59

Patently O

DECEMBER 8, 2023

Prosecution Laches: While agreeing Sonos diligently prosecuted its patents over 13 years, Judge Alsup still found unreasonable delay and prejudice to Google. Sonos will contend that prosecution laches should not apply given its diligence and the lack of improper motive or negligence.

Diligence 49

Diligence Statute Court Legal 49

Day on Torts

FEBRUARY 10, 2022

The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed. internal citation omitted).

Legal 59

Legal Legal Tort Statute 59

Legal Writing Launch

SEPTEMBER 27, 2024

Citing case law, statutes, and other authoritative sources strengthens your position. Edit Diligently Diligent editing is a non-negotiable step in legal writing. Busy readers, such as judges or senior partners, often skim documents and rely on topic sentences to grasp your argument quickly.

Legal 130

Legal Legal Legal Documents Drafting 130

Patently O

JUNE 17, 2024

The appellate court held that the district court’s analysis was deficient in several key respects, including not addressing the statute of limitations defense, defining trade secrets too broadly, and not sufficiently assessing irreparable harm and the public interest. EOFlow, Co. , 2024-1137 (Fed. June 17, 2024).

Statute 64

Statute Court Diligence Manufacturing 64

Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. While defendant asserted that there was insufficient evidence to show that plaintiff did her due diligence, the Court disagreed. Code Ann. §

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

At the Lectern

NOVEMBER 18, 2024

When a Court of Appeal found untimely a motion to vacate a nine-year-old default judgment for improper service, it concluded that, although the applicable statute (Code of Civ. section 473 , subd. (d)) d)) doesn’t state a time limit for moving to set aside a void judgment that is valid on its face, “case law does.”

Court 45

Court Statute Diligence Court Decisions 45

Patently O

JULY 16, 2021

In Bot M8 , plaintiff’s counsel argued that it “had not previously reverse engineered the PS4 to support the prior pleadings because ‘jailbreaking’ the PS4 is illegal under the Digital Millennium Copyright Act (“DMCA”) and other anti-hacking statutes.”

Court 124

Court Diligence Construction Statute 124

Foley Hoag LLP

MARCH 11, 2022

policymakers with greater assurances that companies are taking concrete steps to eradicate forced labor where their supply chains directly involve workers’ inputs, but would also significantly increase their due diligence burdens. The legislation aims to provide U.S. That legislation passed with overwhelming bipartisan support.

Diligence 40

Diligence Punitive Damages Manufacturing Statute 40

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 59

Conflict of Laws

APRIL 29, 2024

First, the European Parliament voted on and adopted the proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD) with 374 votes in favour, 235 against and 19 abstentions (see also the European Parliament’s Press Release ). It introduces responsible authorities and a database of forced labour risk areas or products.

Laws 69

Laws Diligence Statute Contract 69

Customs & International Trade Law

SEPTEMBER 30, 2023

The urgency for businesses to undertake appropriate human rights due diligence measures. Addendum highlights: Reports from both governmental and non-governmental sources that contain information about the ongoing risks in supply chains. Census Bureau The Census Bureau on Sept.

Government 104

Government Small Business Diligence Technology 104