Day on Torts

AUGUST 17, 2022

Judge Aleta Trauger has ruled that, given a recent decision of the Sixth Circuit Court of Appeals looking at Michigan law, “it is clear that the presuit notice requirement set forth in Tenn. Code Ann. § 29-26-121(a)(1) and the certificate of good faith requirement in Tenn. Code Ann. § Christensen , 24 F.4th 4th 1039 (6th Cir.

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SCOTUSBlog

OCTOBER 12, 2021

Share Wednesday’s argument in Babcock v Kijakazi will take the justices deep into the intersection of the Social Security Act and a host of statutes defining the obligations and compensation of National Guard workers. Therefore, Babcock reasons, payments for that work are payments “based wholly on” that service.

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Law 360

MAY 19, 2023

The firm Butzel Long cannot defend itself from a malpractice suit using a time-barring statute of repose that hadn't been enacted as law yet at the time when the firm signed a tolling agreement with its former client, a Michigan appellate court ruled.

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SCOTUSBlog

APRIL 8, 2022

Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, dissented , calling the independent-state-legislature theory “an exceptionally important and recurring question of constitutional law” and indicating that “further review of the judgment below may be warranted once a petition for a writ of certiorari is filed.”

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SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. to obtain discovery from ZF Automotive US, a Michigan subsidiary of a German corporation.

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JonathanTurley

DECEMBER 15, 2021

The referral shows how such ambiguous statutes undermine free speech. (d) Conduct arising from posting the message causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”. All four criteria must be met.

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LawSites

JULY 27, 2022

Cantil-Sakauye was the keynote speaker last week at the annual meeting of the American Association of Law Libraries. “Every year, the state bar dues bill — the bill that lawyers have to pay for the privilege and right to practice law in California — goes before the legislature.

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Conflict of Laws

OCTOBER 28, 2021

Undeterred, NWTC filed suit against RMA in state court in Michigan. RMA immediately moved to dismiss the Michigan lawsuit on the grounds that the state court lacked personal jurisdiction over it. It then argued that this language necessarily excluded state courts because these courts were only “of” the State of Michigan.

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Paralegal Mentor

MAY 15, 2014

Cooley Law School. We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. Her clinical teaching includes post-conviction, criminal defense, general civil practice, elder law and externship. She serves as the project’s co-director.

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FDA Law Blog

OCTOBER 4, 2023

The Plaintiffs argued the unconstitutionality of the Medicare Negotiation Program under the Fifth Amendment by relying on Michigan Bell v. As such, that statute was unjust, confiscatory and violated their constitutional due process rights. Engler , a 2001 decision by the Sixth Circuit Court of Appeals. See Motion at 11. Order at 22.

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Constitutional Law Reporter

APRIL 18, 2023

Facts of the Case Petitioner Miguel Luna Perez (Perez), who is deaf, attended schools in Michigan’s Sturgis Public School District (Sturgis) from ages 9 through 20. The Court ultimately concluded that Perez’s interpretation better comported with the statute’s terms. “The

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. The law on this subject is complicated. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state.

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Patently O

MARCH 16, 2024

I’ve been following the case as part of my work on internet and media law issues. Section 1983, which was originally enacted as part of the Civil Rights Act of 1871, provides a cause of action against any person who, acting under color of state law, deprives someone of their federal constitutional or statutory rights. 922 (1982).

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SquirePattonBoggs

SEPTEMBER 18, 2023

Yes, recent law grads, that is the same Carpenter decision you read in your constitutional criminal procedure class.) Judge Griffin supported his reading with the familiar canon positing that, when courts interpret statutory language using common-law terms, courts “presume that Congress employs their common-law meaning.”

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JonathanTurley

JULY 17, 2023

Berkeley Law Dean Erwin Chemerinsky, who previously called the conservative justices “partisan hacks,” was recently criticized for suggesting that he might be willing to lie about the weight given to race at this school. Even liberal states such as California and Michigan have made it unlawful by referendum.

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Constitutional Law Reporter

APRIL 10, 2024

In 2014, Freed updated his Facebook page to reflect his position as city manager of Port Huron, Michigan. The post Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity appeared first on Constitutional Law Reporter.

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JURIST

FEBRUARY 5, 2023

Michigan Circuit Judge Christina Elmore Friday refused to drop a second-degree murder charge against Christopher Schurr, a former police officer for the Grand Rapids Police Department. Schurr was on paid leave and then fired after fatally shooting Black motorist Patrick Lyoya in the back of the head during a struggle over a taser.

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SCOTUSBlog

MARCH 6, 2025

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. committed his offense of conviction in 1995, when federal law required payment of restitution for 20 years after entry of judgment. Similarly, Holsey Ellingburg, Jr., They now seek review.

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SCOTUSBlog

OCTOBER 6, 2021

Davenport to consider whether a Michigan prisoner, whose constitutional right to a fair trial was violated when he was visibly shackled before the jury, is entitled to habeas corpus relief. Share The Supreme Court heard oral argument Tuesday in Brown v. Many of the justices seemed to agree.

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SCOTUSBlog

MARCH 22, 2022

The statutory section is a powerful tool that allows foreign litigants to use American-style discovery to obtain evidence that is generally unobtainable under the law of the foreign forum. The statute does not define the term “tribunal.” a Michigan subsidiary of a German corporation. What is Section 1782? Luxshare, Ltd.,

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Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Law Review article titled “ The Permissibility of Acting Officials: May the President Work Around Senate Confirmation? 2) The statutory issue.

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SCOTUSBlog

APRIL 22, 2022

The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. None of this “amateur,” “law-chambers history,” as Kagan called it in her dissent, was necessary to the resolution of Davenport’s case. In Brecht v. In Davenport’s case, the U.S.

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The Crime Report

DECEMBER 5, 2022

There were few laws criminalizing domestic violence , and enforcement of the existing laws was rare. It was only in the past few decades that laws criminalizing domestic violence came to be widespread and enforced. We study the link between gun laws and domestic violence in the U.S. But now, the U.S.

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SCOTUSBlog

APRIL 26, 2023

I don’t see how,” Gorsuch observed, “how that lines up under our case law as anything other than a fine.” Tyler’s theory, he stressed, would declare many state statutes unconstitutional and would turn states into real estate agents. Gorsuch later added that in other contexts, the usual rule is that “that you only take what you’re owed.”

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JonathanTurley

DECEMBER 21, 2020

Brandon Hasbrouck is an assistant professor at Washington and Lee University School of Law, has written an article in The Nation calling for a new form of reparations based on voting. the outcomes in Georgia, Michigan, Wisconsin, and Pennsylvania were worryingly close.”. t is ours, too. It must be ours.”. ” McCulloch v.

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LawSites

FEBRUARY 26, 2024

It is written by Mark Chandler , former chief legal officer at Cisco Systems from 2001- 2021 and now a lecturer in law at Stanford Law School and a fellow at the Stanford’s Deborah L. Jess Lu is a third year law student at Stanford Law School and a Civil Justice Fellow at Stanford’s Deborah L.

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The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. Parker’s estate. Parker’s heirs.”.

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Constitutional Law Reporter

NOVEMBER 28, 2022

In the 2003 decision, the Court ruled that the University of Michigan Law School’s race-sensitive admissions program was narrowly tailored because the consideration of race was merely one factor in the decision-making process and individualized consideration was given to each applicant. Bollinger , 539 U.S. 306 (2003).

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JonathanTurley

OCTOBER 25, 2021

Those arguments are based on both the constitutional protection of religious values but also laws like Title VII of the Civil Rights Act, 42 U.S.C. Likewise, the Sixth Circuit Court of Appeals this month affirmed such a preliminary injunction against Western Michigan University.

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The Crime Report

JULY 28, 2021

Fred Stone, a Maine farmer who saw his livelihood destroyed and became crippled by debt due to the discovery of so-called forever chemicals on his dairy farm five years ago, helped inspire a law, signed last month by Gov.

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Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. Food and Drug Administration (FDA) is investigating consumer complaints of bacterial infections in four infants who consumed powdered infant formula produced in Abbott Nutrition’s facility in Sturgis, Michigan. 10,899,728 (“the ‘728 patent”).

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SCOTUSBlog

JANUARY 25, 2022

Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund. For instance, in the challenges to Texas’ anti-abortion law , known as S.B.

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SCOTUSBlog

APRIL 20, 2023

Freed is a similar case involving the city manager of Port Huron, Michigan. Court of Appeals for the 9th Circuit held that the board members blocking constituents on Facebook and Twitter constituted state action. O’Connor-Ratcliff and Zane seek review. Class member Anna St. relisted after the Mar. 17 conference) (rescheduled before the Feb.

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SCOTUSBlog

DECEMBER 31, 2020

All left an imprint on the court or the law. In December 1958, a Black law student attending Howard University tried to order a cheeseburger at a restaurant in a Virginia bus terminal. Virginia , holding that federal law barred racial segregation in interstate public transportation. Some worked behind the scenes. 17, 1934 – Oct.

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SCOTUSBlog

APRIL 18, 2025

This week, we highlight petitions asking the court to consider, among other things, whether to overturn a ruling by the Montana Supreme Court that struck down a state law requiring minors under the age of 18 to get consent from their parents before obtaining an abortion. The parental-consent law never went into effect.

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JonathanTurley

NOVEMBER 21, 2020

Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. On Friday afternoon, leaders of Michigan’s Republican-controlled state legislature met with Trump in the White House at his invitation.

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SCOTUSBlog

JUNE 16, 2022

Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. A federal district court awarded Hardeman $25 million after a jury concluded that Monsanto had violated California law by not warning him that Roundup could cause cancer. Both the district court and the U.S.

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