HowAppealing

APRIL 15, 2024

“Supreme Court Signals Another Corruption Law to Be Pared Back; Court has reined in reach of federal corruption statutes; Would be win for Indiana mayor who got $13,000 gratuity”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

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Statute Court Laws 100

JURIST

NOVEMBER 19, 2023

France’s Independent Commission on Incest and Sexual Violence against Children (CIIVISE) published a report on Friday calling for the removal of the statute of limitations for sexual violence, in particular in cases of sexual violence against minors. The current statute of limitations is 30 years from adulthood at 18 years.

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Statute Legal Legal Laws 129

JURIST

JUNE 6, 2022

Wilson deals with the QTA’s 12 year statute of limitations for claimants and asks whether the statute of limitations is a jurisdictional rule or a claim-processing rule. The court has twice ruled that the 12 year statute of limitations in the QTA is a jurisdictional rule in Block v. North Dakota and United States v.

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Statute Court Legal Legal 196

JURIST

APRIL 25, 2024

A federal judge in North Carolina found on Tuesday that the state’s 147-year-old voting law is unconstitutional. US District Judge Loretta Biggs found that a state law, which prevents convicted felons from casting a vote, violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment of the US Constitution.

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Felony Laws Statute Attorney 211

JURIST

APRIL 25, 2022

Norfolk Southern Railway Company , which focus on statute of limitations and personal jurisdiction issues. In Reed , petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C. The US Supreme Court Monday granted certiorari to two cases, Reed v.

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JURIST

FEBRUARY 3, 2023

said the lawsuit raised a question of law which was barred under the statute of limitations contained in the Biometric Information Privacy Act. The appellate court said that claims, like the ones brought by Tims, should be subject to the one-year statute of limitations period. Black Horse Inc. is allowed to proceed.

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Statute Court Court Decisions Laws 169

JURIST

APRIL 9, 2024

Arizona’s Supreme Court found on Tuesday that a 159-year-old law banning abortion is enforceable following the US Supreme Court’s 2022 decision to overturn abortion rights case Roe v Wade, sending a 52-year-old case back to trial court. Wade , at which point the state statute was deemed unconstitutional and enforcement of it was enjoined.

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Laws Court Statute Criminal Law 249

HowAppealing

DECEMBER 9, 2022

“Texas Doctor Who Violated Abortion Law Wins Dismissal of Suit; Suit was filed under law allowing private policing of statute; San Antonio doctor wrote op-ed detailing his violation of law”: Madlin Mekelburg of Bloomberg News has this report. Supreme Court overturned Roe v.

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Conflict of Laws

NOVEMBER 13, 2023

Two years ago, the Uniform Law Conference of Canada (ULCC) released a revised version of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. The statute is available here. The core features of the ECJA are unchanged.

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Statute Litigation Litigating Laws 62

SCOTUSBlog

JUNE 9, 2023

Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. I guess we should all be glad that the court unanimously rejected the government’s interpretation of the statute.

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SCOTUSBlog

OCTOBER 11, 2022

A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late. But in a case in which the TCCA does grant rehearing, he added, the statute of limitations would start to run then.

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HowAppealing

DECEMBER 5, 2021

“The Cell Phone Donut Hole in the Tracking Device Statute”: Retired U.S. has this article in the Federal Courts Law Review. Magistrate Judge Steven Wm. Smith (S.D.

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Statute Court Laws 100

JURIST

FEBRUARY 23, 2024

A New York appeals court ruled that a New York City law granting non-citizens the power to vote was unconstitutional. It was estimated that the law would allow more than 800,000 non-citizens the ability to vote in New York City local elections, prior to the court’s Wednesday ruling. The municipal legislation, Int.

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Laws Court Statute Court Rules 267

Law 360

JANUARY 19, 2024

A rival app store developer asked the Ninth Circuit on Thursday to reconsider reviving an antitrust lawsuit against Apple, arguing a divided panel's previous refusal created "new and problematic law" that dramatically increases the burden to survive motions to dismiss based on the statute of limitations.

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Statute Laws 52

Diane Drain

JANUARY 20, 2022

Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes. Final edits of HB2617 – easier to read Along with that increase there were other significant changes to the Arizona Homestead law. HB 2617 – 2022 Changes in Arizona Homestead Laws. Scam on Seniors – COVID-19 and More.

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Statute Attorney Court Laws 104

SCOTUSBlog

JUNE 3, 2021

Share The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. The post Justices narrow federal computer-fraud statute appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

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Statute Government Court Laws 138

HowAppealing

AUGUST 10, 2021

“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”: William Morris of The Des Moines Register has this report. ” You can access today’s ruling of a partially divided three-judge panel of the U.S.

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Statute Laws Court 100

HowAppealing

JUNE 1, 2022

“The Supreme Court Leakers Can Be Prosecuted; If it turns out to be a law clerk, there are federal statutes under which criminal charges can be brought”: Markus Funk and U.S. District Judge Virginia M. Kendall ( N.D. have this essay online at The Wall Street Journal.

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Statute Laws Court 100

JURIST

FEBRUARY 26, 2023

Pitman outlined that while Paxton has authority to enforce the Texas abortion law under under H.B Furthermore, Pitman found that the pre- Roe laws are subject to implied repeal and therefore he granted the motion to prevent the eight named prosecutors from enforcing pre- Roe laws. Thus, Paxton was dismissed from this suit.

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Statute Laws Attorney Court 227

HowAppealing

SEPTEMBER 2, 2021

“Texas’s Abortion Law Blunder: The Supreme Court was right not to interfere for now, but the statute won’t survive scrutiny on the merits.” ” This editorial will appear in Friday’s edition of The Wall Street Journal.

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Statute Laws Court 100

LegalReader

APRIL 28, 2022

The statute of limitations is a significant part of the law surrounding personal injury claims.

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Personal Injury Statute Laws Personal Injury Attorney 104

HowAppealing

JANUARY 29, 2021

“The Constitution Can Crack Section 230: Tech companies think the statute allows them to censor with impunity; The law is seldom so simple.” ” Law professor Philip Hamburger will have this op-ed in Saturday’s edition of The Wall Street Journal.

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Statute Laws 100

JURIST

JUNE 11, 2023

Licensed public school teacher Kayla Smiley sued Dr. Katie Jenner in her official capacity as the Indiana Secretary of Education on Friday over a newly passed state law that bans “instruction” on “human sexuality” to students in kindergarten to third grade.

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Laws Statute Education Legal 197

JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

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Court Statute Laws Healthcare 208

SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive.

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Statute Government Court Felony 91

The Crime Report

FEBRUARY 27, 2023

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

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Statute Felony Court Government 75

JURIST

JUNE 24, 2023

1324(a)(1)(A)(iv) , a federal law that criminalizes the encouragement of illegal immigration, does not violate the First Amendment of the US Constitution. It does not “prohibi[t] a substantial amount of protected speech”—let alone enough to justify throwing out the law’s “plainly legitimate sweep.” Hansen that 8 U.S.C.

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Immigration Court Rules Laws Court 210

JURIST

APRIL 1, 2023

A federal judge in Tennessee on Friday temporarily blocked a controversial law that would have imposed strict limits on drag performances in the state. The post Federal judge temporarily blocks Tennessee law restricting drag performances appeared first on JURIST - News. The pause is subject to extension.

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Laws Statute Court 223

JURIST

FEBRUARY 21, 2024

Myanmar law students are reporting for JURIST on challenges to the rule of law in their country under the military junta that deposed the civilian government of Aung San Suu Kyi in February 2021. Women who stand to be conscripted have been especially worried and devastated by this law.

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Drafting Laws Depose Education 229

The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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Statute Cause of Action Court Contract 98

JURIST

NOVEMBER 17, 2023

The US Supreme Court, in a split decision, issued a brief statement on Thursday refusing to reinstate a Florida law that targets drag shows. A lower court order previously prohibited the law from coming into effect. ” Anyone found to be in violation fo the law would be charged with a misdemeanor.

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Court Laws Misdemeanor Statute 239

JURIST

JULY 12, 2022

US District Court Judge Douglas Rayes Monday blocked Arizona’s “personhood” law from taking effect. Rayes found the law was too vague, making it likely that plaintiffs will win their case, justifying his injunctive order until the case is settled. Paul Isaacson and Dr. Eric Reuss.

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Laws Statute Attorney Court 232

JURIST

AUGUST 3, 2023

The US Court of Appeals for the Ninth Circuit vacated a preliminary injunction that enjoined the enforcement of a Guam law requiring in-person consultations before obtaining an abortion. The court ruled that the law was valid under rational basis review. The case is an appeal from the US District Court for the District of Guam.

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Laws Court Statute Government 197

SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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Statute Government Court Rules Court 79

Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

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Statute Tort Cause of Action Diligence 59

JURIST

OCTOBER 22, 2023

The US Supreme Court declined on Friday to block a district court ruling that a Missouri law that attempts to invalidate federal firearm law within the state is unconstitutional. Parson signed the Second Amendment Preservation Act ( SAPA) into law. These federal laws are the National Firearms Act and the Gun Control Act.

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Laws Court Court Rules Statute 234

JURIST

JUNE 22, 2023

The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” This section forbids the state legislature from passing “ex post facto” laws.

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Cause of Action Laws Court Statute 195