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The illegal destruction of disciplinary records can make it harder to hold deputies accountable in a court of law, or track problem officers moving from department to department, said Sam Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha. We’re not a law enforcement or compliance agency.
In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” 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. Commissioner of Internal Revenue , 21-379.
It concluded that the case should have been dismissed because the parties had previously agreed in their choice-of-court clause to litigate all disputes in the United States. states—Nebraska, New Hampshire, and North Dakota—have adopted similar statutes based on the Model Choice of Forum Act. This is unusual.
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] Nebraska, 600 U.S. 12, 2022. [49] 49] Van Engelen, op. June 30, 2023). [52]
That prompted the Biden administration to come to the Supreme Court in December, asking the justices to put the district courts’ rulings on hold and allow the rule to take effect nationwide while litigation continues.
Nebraska and Department of Education v. The prior administration implemented that pause, incidentally, citing the same law that the Biden administration is using, but that move did not trigger litigation, which may reveal something about the motives of the plaintiffs. A preview of the cases is here. Jonathan D.
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.
Not only is there a pending case on the docket of the Court that has long been viewed as a serious threat to Roe , but the White House and the House of Representatives are threatening immediate actions that could also create new challenges for pro-choice litigants. Carhart struck down a partial-birth abortion law in Nebraska.
This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.
Key Questions of Fiduciary Duty and Free Speech These recent victories involve legal principles of fiduciary duty and free speech, which have been central areas of contention in litigation surrounding climate-related financial risk. The litigation over California’s climate disclosure rules , which were issued in late 2023, is further along.
Erez Reuveni had worked at the Justice Department for nearly 15 years, most recently as the acting deputy director of the Office of Immigration Litigation. It only addresses hot potato situations in litigation as if they are deliberate decisions made before accepting a new representation. Read Formal Opinion 516 in full here.
The absence of clear guidance from the Supreme Court distinguishing “major” questions from “non-major” ones has complicated efforts to establish the boundaries of the doctrine, and litigators have moved quickly to exploit this ambiguity in the doctrine’s rhetoric. However, it objected to the EPA’s interpretation of its authorizing statute.
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