SCOTUSBlog

SEPTEMBER 29, 2023

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.

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SCOTUSBlog

FEBRUARY 21, 2024

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.

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SCOTUSBlog

JUNE 17, 2022

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.

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Diane Drain

APRIL 15, 2021

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.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

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.

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Conflict of Laws

JUNE 28, 2023

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).

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SCOTUSBlog

JULY 6, 2021

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.

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Conflict of Laws

FEBRUARY 22, 2024

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 Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. This post is cross-posted at Transnational Litigation Blog ]

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Broadcast Law Blog

FEBRUARY 24, 2022

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.

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Conflict of Laws

JULY 19, 2021

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.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

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.

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SCOTUSBlog

NOVEMBER 8, 2022

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. ,

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SCOTUSBlog

APRIL 25, 2022

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.

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SCOTUSBlog

OCTOBER 10, 2023

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. ,

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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. Returning Relists.

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SCOTUSBlog

MARCH 6, 2023

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.

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SCOTUSBlog

APRIL 27, 2022

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.

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SCOTUSBlog

JUNE 14, 2022

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.

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JonathanTurley

OCTOBER 31, 2021

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.

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SCOTUSBlog

DECEMBER 8, 2021

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.

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JonathanTurley

OCTOBER 30, 2022

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.

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SCOTUSBlog

FEBRUARY 23, 2022

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.

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Fordham Law News

OCTOBER 13, 2021

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.

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SCOTUSBlog

MARCH 2, 2022

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.

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JonathanTurley

DECEMBER 21, 2020

Ironically, the proposals would upend decades of civil rights litigation to defend the “one man, one vote” principle. the outcomes in Georgia, Michigan, Wisconsin, and Pennsylvania were worryingly close.”. This proposal would decouple voting rights from cases and statutes designed to protect the equality of voting.

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SCOTUSBlog

JANUARY 20, 2022

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).

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At the Lectern

MARCH 11, 2022

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.

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SCOTUSBlog

MARCH 16, 2023

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.

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JonathanTurley

NOVEMBER 28, 2024

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.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

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.

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SCOTUSBlog

DECEMBER 31, 2020

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.

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SCOTUSBlog

APRIL 18, 2025

Perhaps in part because the parental-notice rule remained on the books, Montana agreed to an order known as a preliminary injunction to put the new parental-consent law on hold while the litigation continued. Procedural hurdles then stalled the litigation for nearly a decade. Eventually, Dobbs breathed new life into the dispute.

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SCOTUSBlog

DECEMBER 31, 2022

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.

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JonathanTurley

OCTOBER 30, 2023

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.

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ClimateChange-ClimateLaw

MARCH 19, 2025

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]

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The Crime Report

DECEMBER 13, 2021

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.

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JonathanTurley

NOVEMBER 27, 2020

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.

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