Government, Legal, Stare Decisis and Statute

In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

Stare Decisis

Stare Decisis Statute Court Contract

Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.” military veterans.

Statute

Statute Stare Decisis Government Contract

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

DECEMBER 10, 2021

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. In 2018, the Animal Legal Defense Fund – which, according to Kansas Gov. Animal Legal Defense Fund. Animal Legal Defense Fund.

Stare Decisis

Stare Decisis Court Court Rules Legal

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings.

Stare Decisis

Stare Decisis Administrative Law Statute Government

A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

MARCH 30, 2022

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. Issue : Whether the statute of limitations for a 42 U.S.C. That’s all for this week. Until next time, stay safe !

Stare Decisis

Stare Decisis Court Felony Statute

Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Animal Legal Defense Fund.

Statute

Statute Stare Decisis Court Manufacturing

Supreme Court likely to discard Chevron

SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws.

Court

Court Statute Stare Decisis Small Business

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

MARCH 10, 2021

GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. less job for Nigerian lawyers), hampers access to Nigerian justice, and does not help Nigerian judges in strengthening our legal system.

Court

Court Contract Stare Decisis Entertainment

Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed. New Relist.

Stare Decisis

Stare Decisis Statute Court Government

Justices to consider international reach of U.S. trademark law

SCOTUSBlog

MARCH 20, 2023

The court asks if there is a “clear, affirmative indication” from the face of the statute that Congress intended the law to apply extraterritorially. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple. Has Congress directly spoken here?

Stare Decisis

Stare Decisis Laws Statute Construction

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. The FCA gives the government a fair amount of ability to control the litigation. The Supreme Court’s sprint to the end of the term continues. United States. United States and Ruan v.

Government

Government Stare Decisis Court Litigation

Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

Stare Decisis

Stare Decisis Court Statute Government

In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

JULY 7, 2022

The court had ruled in 2008 that the Second Amendment protects the right to have a firearm in the home, and in 2010 it had affirmed that both states and the federal government must respect that right. Kurtzman to determine whether a government law or practice violates the establishment clause. In Kennedy v.

Laws

Laws Stare Decisis Court Statute

We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

NOVEMBER 30, 2021

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

Stare Decisis

Stare Decisis Court Laws Legal

Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

NOVEMBER 29, 2021

In the Texas cases, the justices will decide whether abortion providers or the federal government can sue to block the law’s unusual private-enforcement structure. Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent.

Stare Decisis

Stare Decisis Court Laws Statute

Paralegal Brief

In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

Trending Sources

Two death penalty cases and free speech at animal facilities

Challenges to administrative action and retroactive relief for prisoners

A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

Animal rights and the First Amendment, due process and a confession of error

Supreme Court likely to discard Chevron

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Are timing limits on property owners’ claims jurisdictional?

Justices to consider international reach of U.S. trademark law

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

Supreme Court to hear major case on power of federal agencies

In a historic term, momentum to move the law often came from the five justices to the chief’s right

We read all the amicus briefs in Dobbs so you don’t have to

Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

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