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.”
JonathanTurley
OCTOBER 23, 2021
Many of the crew were from California but the set is in New Mexico. The California code contains an ample criminal negligence or manslaughter provision: PART 1. This incident could well prove a violation of a statute or regulation making the act “negligent per se.” Walgreen Hastings Co., Legg, 441 P.2d 2d 912 (Cal.
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SCOTUSBlog
JULY 1, 2021
20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Cummings v.
ClimateChange-ClimateLaw
OCTOBER 20, 2020
In 2019, the Wyoming federal court stayed these proceedings challenging the Waste Prevention Rule while a challenge to the Trump administration’s repeal of the rule was pending in the federal district court for the Northern District of California. 1442, or the civil-rights removal statute, 28 U.S.C. California v. 19-1189 (U.S.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. California v. California v. California v. Wheeler , No. 20-1357 (D.C.
ClimateChange-ClimateLaw
FEBRUARY 10, 2021
The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. 6, 2021); Gallaher v. City of Santa Rosa , No.
SCOTUSBlog
OCTOBER 5, 2021
involving whether punitive damages that are twice compensatory damages, and fall within a state’s statutory punitive damages cap, are constitutionally excessive. City and County of San Francisco, California , 20-1775. Tata Consultancy Services Ltd. Ysleta del Sur Pueblo v. Epic Systems Corp v. 27 conference).
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