This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The lawsuit alleges that the petition, with an offer to pay Pennsylvania registered voters, amounts to illegal lottery. Krasner noted in his press statement that the “civil action neither precludes nor requires potential future action under Pennsylvania criminal law.” He’s paying them to sign the petition.”
.” In August 2023, the First Judicial District Court found that the right to a clean and healthful environment “includes climate as part of the environmental life-support system,” that the plaintiffs had legal standing, and that two Montana statutes were unconstitutional.
However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. The court therefore allowed the litigation to proceed. If the final plan falls short, some litigants may well invoke this amendment.
Court of Appeals for the 11th Circuit has adopted a different rule, in which the statute of limitations only begins to run when all state-court litigation denying the request for DNA testing, including any appeals, has finished. Reed came to the Supreme Court last fall, asking the justices to review that ruling. He noted that the U.S.
To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S. Court of Appeals for the 5th Circuit has held.
Since the 1950s, though, the Supreme Court has relied on state law to fill “gaps” in maritime law that lack any federal statute or controlling federal precedent. Specifically, Great Lakes is a foreign insurance company that insured a yacht owned by Raiders, a Pennsylvania company. So exactly why would that question ever matter?
After several years of litigation, however, DOJ sought to have the case dismissed over Polansky’s objection, questioning its likelihood of success and pointing to concerns about the discovery burden being placed on the government and possible disclosure of privileged documents.
Researchers at the Quattrone Center, based at the University of Pennsylvania Carey Law School, created what they said was a unique dataset of 4,644 opinions in which allegations of misconduct were raised in the more than 1.5 million judicial opinions published between 2000 and 2016 by federal and state courts in Pennsylvania.
Here, for example, a foreign insurance company insured a yacht owned by a Pennsylvania company. The question in the case is whether a coverage dispute should be resolved under New York law (which would accept the insurer’s denial of coverage) or Pennsylvania law (which probably would not). Fireman’s Insurance Co. ,
To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). In this case, for example, a European insurance company insured a yacht owned by a Pennsylvania company.
At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary. Morris Institute of Justice, in a commentary.
But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. PJM Interconnection is one such RTO, which oversees a region encompassing thirteen states, including Pennsylvania, along with the District of Columbia.
Pennsylvania (Oct. Here is the full list of cases scheduled for the October argument session: Sackett v. 3): Whether the 9th Circuit used the proper test to determine whether wetlands are “waters of the United States” under the Clean Water Act. Delaware v. Goertz (Oct. National Pork Producers v.
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. Returning Relists.
Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. Pennsylvania , 20-7805. That’s all for this week.
Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.
It is cross-posted at Transnational Litigation Blog. 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. Washington (1945).
Pennsylvania , 20-7805. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. That’s all for this week. Until next time, stay safe ! New Relists. 10 and Jan.
The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “ Fear is waiting for you.” Pennsylvania is a comparative negligence state so contributory negligence by the plaintiffs would not be a bar to recovery. See Pennsylvania General Assembly Statute §7102.
The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “ Fear is waiting for you.” Pennsylvania is a comparative negligence state so contributory negligence by the plaintiffs would not be a bar to recovery. See Pennsylvania General Assembly Statute §7102.
LLC (Raiders) is a company organized under the laws of Pennsylvania. District Court for the Eastern District of Pennsylvania. Because the claims were based on Pennsylvaniastatutes, it argued, they were barred by the choice-of-law clause. This post is cross-posted at Transnational Litigation Blog ]
1988), which invalidated under dormant commerce clause doctrine an Ohio law providing that the state’s statute of limitation would not run against corporations that were not present in the state and had not designated an agent for service of process. Pennsylvania , 20-7805. Midwesco Enterprises, Inc. relisted after the Dec.
In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Pennsylvania , 20-7805. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. 14 conference).
Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. By that date, radio stations in Delaware and Pennsylvania must file a license renewal application.
Omri Sender , Advisor and Litigator in Public International Law. Extraterritoriality in Statutes and Regulations. Yanbai Andrea Wang, Assistant Professor, University of Pennsylvania Carey Law School. Cedric Ryngaert , Professor of Public International Law, Utrecht University School of Law. International Jurisdictional Law.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.
Share The Supreme Court heard oral argument on Tuesday in a challenge to a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered there and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v. Gold Issue Mining & Milling Co. ,
Based on that provision, the district court dismissed Raiders’ counterclaims that were based on Pennsylvania law. The district court, it explained, had not considered whether Pennsylvania “has a strong public policy that would be thwarted by applying New York law.” But the U.S. Court of Appeals for the 3rd Circuit reversed.
When the squirrel refused to return to the wild, they adopted him as a pet in their home in rural Pine City , near the Pennsylvania border. Even though Peanut was a pet, he was still considered a wild animal in New York, both by statute and common law. Obviously, the cost of litigation is unlikely to be small peanuts.
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.
This position has a basis in federal statutes and Supreme Court precedent. 17] The SEC has already used this analytical framework to bring 39 actions – either via administrative proceeding or litigation – challenging unregistered ICOs between Q3 2013 and Q4 2020. [18] 14] In Securities & Exchange Commission v. Times (Sept.
It noted that the issue has been extensively litigated in the federal courts and in other states, and said its holding was consistent with “[t]he overwhelming majority of federal district court cases. ” The opinion also mentioned the University of Pennsylvania Law School’s Covid Coverage Litigation Tracker website.
Wade and Planned Parenthood of Southeastern Pennsylvania v. Doe, on the other hand, says the case is moot only because the parties stipulated to dismissal, and she notes that at this late stage of the litigation, she was only able to dismiss the case because both parties agreed to do so. Court of Appeals for the 8th Circuit affirmed.
Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. 29, 1941 – Nov.
even when accompanied by buckets of fake blood. __ The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “ Fear is waiting for you.” Pennsylvania is a comparative negligence state so contributory negligence by the plaintiffs would not be a bar to recovery. Trimble ␣ 315 Mo.
Supreme Court invalidated capital punishment statutes in several states in Furman v. The largest declines in the number of prisoners under sentence of death in 2020 occurred in California (down 24 prisoners) and Pennsylvania (down 14). But California still held over 28 percent of death row inmates at the end of 2020.
4] Canadas statute is an updated version of what have been called constituency statutes in the United States, which explicitly expand the fiduciary duties of corporate managers and directors beyond shareholders but do not usually include the environment among allowable factors, except in Arizona and Texas. [5]
The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The result is a horn of plenty for litigators.
One “friend of the court” brief filed in support of Pulsifer tells the justices that the lower court’s ruling “turns the statute on its head by foreclosing safety-valve relief for the vast majority of defendants to whom the statutory amendment might apply.” The case has drawn widespread interest. Raiders Retreat filed five counterclaims.
The other was a statute enacted in 2016, which limited third parties — postal workers, election officials, caregivers, family members, or household members — who could collect completed absentee ballots from voters. Pennsylvania , letting state election officials’ decisions stand. Litigants then moved to Section 2.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART.
Pennsylvania lost a seat in the House of Representatives after the 2020 census, and so was required to draw a new map before the 2022 midterm elections. After a flurry of litigation, the Pennsylvania Supreme Court in late February voted 4-3 to impose a different map that would favor Democrats in 10 of 17 congressional districts.
CBP officers seized 22,000 counterfeit Pennsylvania vehicle inspection stickers that were shipped from Israel to an address in Philadelphia. Court of Appeals for the Federal Circuit heard oral argument in Section 301 litigation involving how to interpret the term “modify” in the statute and whether the statute allows the U.S.
As associate counsel for the National Association for the Advancement of Colored People in the 1960s, she helped litigate civil-rights cases in the South. In 1988, Silberman held that an independent-counsel statute was unconstitutional — and though the Supreme Court did not agree with him in Morrison v.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content