JURIST

AUGUST 16, 2024

The judge concluded that the relevant statute here, Section 6(g) of the FTC Act, “falls short” of doing so. ” In a later win for the FTC, however, a federal judge in Pennsylvania ruled that the non-compete ban is lawful.

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Real Estate Statute Contract Court 210

Law 360

AUGUST 1, 2023

A Pennsylvania man must arbitrate his claims that ESPN parent company Walt Disney violated the state's wiretap statute by installing tracking software on ESPN.com, a California federal judge ordered Monday, finding that the website's terms of service include an arbitration provision that covers his suit.

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Statute 75

SCOTUSBlog

JUNE 27, 2023

Share The justices narrowly rejected a challenge to the constitutionality of a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered in Pennsylvania and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v.

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Laws Court Manufacturing Statute 118

JURIST

FEBRUARY 9, 2024

The US District Court for the Eastern District of Pennsylvania agreed with the USDA and granted the motion for summary judgment. Under the doctrine of sovereign immunity, the federal government is generally immune from suits by individual citizens unless Congress waives immunity and allows individuals to sue by passing a statute.

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Court Rules Government Court Small Business 245

The Crime Report

SEPTEMBER 29, 2022

In addition, the Task Force Butler Institute sent a document totaling more than 200 pages to state and local prosecutors in Idaho, Massachusetts and Pennsylvania and the DOJ, detailing the extremist group’s activities and suggesting criminal and civil statutes that may be actionable.

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JURIST

JUNE 7, 2023

The case resulted from Bryan Range’s appeal from the US District Court for the Eastern District of Pennsylvania. Range then sued, seeking a declaration that the statute violated the Second Amendment “as applied to him.” Circuit Judge Thomas M. Hardiman authored the opinion of the court.

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Court Rules Court Statute Government 197

Constitutional Law Reporter

AUGUST 28, 2023

After he left the company, Mallory moved to Pennsylvania for a period before returning to Virginia. Mallory filed his lawsuit in Pennsylvania state court. In fact, Norfolk Southern has registered to do business in Pennsylvania in light of its “regular, systematic, [and] extensive” operations there. Washington , 326 U.S.

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Court Laws Cause of Action Constitutional Law 52

ClimateChange-ClimateLaw

AUGUST 31, 2021

However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. (The plaintiffs are now back in the district court seeking much more modest relief.). If the final plan falls short, some litigants may well invoke this amendment.

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Statute Litigation Litigating Government 123

Conflict of Laws

JUNE 28, 2023

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. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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SCOTUSBlog

OCTOBER 6, 2023

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?

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Contract Laws Court Law School 97

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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Court Construction Laws Government 80

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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Court Litigation Litigating Statute 80

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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Contract Laws Court Statute 89

SCOTUSBlog

APRIL 2, 2022

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.

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Government Statute Cause of Action Entertainment 89

The Crime Report

DECEMBER 20, 2021

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.

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Malfeasance Court Attorney Law School 140

SCOTUSBlog

FEBRUARY 21, 2024

In this case, for example, a European insurance company insured a yacht owned by a Pennsylvania company. In this case, there is no contention that the choice of New York law infringes on “any federal statute or established federal maritime policy.”

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Contract Laws Statute Litigating 86

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. Raiders Retreat Realty Co., GLI insured a yacht owned by Raiders.

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Court Contract Laws Statute 69

SCOTUSBlog

JUNE 16, 2023

A federal district court in Pennsylvania granted the government’s request and dismissed the case, and the U.S. She noted that dismissal is governed by Rule 41 of the Federal Rules of Civil Procedure but “differ[s] in two ways from the norm” given the specifics of the FCA statute. Court of Appeals for the 3rd Circuit upheld that ruling.

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SCOTUSBlog

OCTOBER 3, 2022

Share The fate of hundreds of millions of dollars in unclaimed money may depend on the Supreme Court’s interpretation of the term “money order” in an arcane 1974 federal statute. Pennsylvania and Wisconsin , will be the second case argued on Monday, the opening day of the 2022-23 term. On one side is Delaware.

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Statute Drafting Court Laws 94

Constitutional Law Reporter

NOVEMBER 1, 2022

Pennsylvania and Wisconsin : The case centers on what should happen to uncashed checks issued by MoneyGram, which is the second largest money transfer company in the world. McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. Arellano v.

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Constitutional Law Statute Court Government 52

Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act. In Delaware v.

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Constitutional Law Statute Court Government 59

Patently O

DECEMBER 21, 2021

”) The Pennsylvania district court sided with the first-filer Kepner on priority grounds, and refused to decide the question of patentability. There is no real issue of invention between the parties here and we see no reason to read into the statute a district court’s compulsory duty to adjudicate validity. Kepner , 99 F.

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Statute Court 72

JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. Commonwealth of Pennsylvania.

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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

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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Statute Stare Decisis Court Drafting 79

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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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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Calendaring Statute Court Litigation 89

SCOTUSBlog

MARCH 2, 2022

Pennsylvania , 20-7805. Issue : Whether the statute of limitations for a 42 U.S.C. Justices Samuel Alito (joined by Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barret) filed a statement respecting denial. That’s all for this week. Until next time, stay safe ! New Relists. Returning Relists. 10 and Jan. 18 and Feb.

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Court Statute Education Lawyer 69

HowAppealing

JULY 21, 2021

“Pennsylvania Supreme Court reverses decision allowing childhood sex abuse victims to sue for decades old abuse”: Peter Hall of The Morning Call of Allentown, Pennsylvania has this report. ” Mark Scolforo of The Associated Press reports that “ Justices deal blow to outdated claims of child sexual abuse.”

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Court Court Rules Statute 100

SCOTUSBlog

JUNE 24, 2021

The government takes the position that the statute forecloses only review of discretionary decisions not to grant relief, not factual findings that are factored into those decisions.) City of Philadelphia, Pennsylvania , it’s also a good time to be filing religious liberty petitions. Pennsylvania School Boards Association , 20-1294.

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Administrative Law Immigration Laws Government 68

JonathanTurley

JUNE 7, 2023

However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. It also is an appeal that would be made by the United States over the invalidation of a federal statute. That triggered the federal ban.

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Laws Misdemeanor Felony Statute 47

JURIST

FEBRUARY 3, 2021

Pennsylvania Governor Tom Wolf announced on Monday that Secretary of State Kathy Bookvar will resign from her position at the end of the week due to her department’s failure to advertise a proposed constitutional amendment that sought to extend the statute of limitations for victims of clergy sexual abuse.

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Statute Attorney Legal Legal 104

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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Statute Court Contract Litigation 84

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.

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Laws Small Business Attorney Finance 211

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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Government Legal Legal Statute 59

Broadcast Law Blog

MARCH 22, 2023

We first saw this in the 2018 election with ads in Oregon, and later in Pennsylvania. The language of the FEC statute, as noted in italics above, if adopted for the states, could end up authorizing many committees to get LUR simply by having the candidate authorize them to “receive funds” or “make expenditures” on the candidate’s behalf.

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Statute Laws Legal Legal 52

At the Lectern

APRIL 29, 2021

The relevant statute provides the possession crime occurs when there’s been a violation of “an express condition of probation,” but a form Judicial Council instruction that was given to the jury says an element of the crime is that “ a court had ordered that the defendant not own or possess a firearm.”

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