HowAppealing

DECEMBER 21, 2023

“Lawsuit Over Naked Baby on Nirvana’s ‘Nevermind’ Is Revived; The suit about the 1991 album had been dismissed because of the statute of limitations; But an appeals court ruled that it could proceed, noting that the album had been reissued in 2021”: Matt Stevens of The New York Times has this report.

Statute 100

Statute Court Rules Court Lawyer 100

JURIST

NOVEMBER 20, 2023

In a 2-1 decision, the Eighth Circuit affirmed a district court ruling that the US Attorney General must be a plaintiff in a suit brought to enforce the VRA. ” Though the court could not determine whether Section 2 creates an individual right, it found that the statute does not contain a private enforcement mechanism.

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Court Rules Court Statute Attorney 211

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. Justice Amy Coney Barrett, writing for the majority, criticized the lower court ruling , which called the law “overbroad,” saying: Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts. .”

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Immigration Court Rules Laws Court 210

JURIST

MAY 25, 2023

The US Supreme Court ruled Thursday that the government cannot keep the profits of properties sold to pay off tax debts. The court reached this decision in the case of Tyler v. In 2015, Hennepin County seized the property, as permitted under Minnesota Statute §§281.18 , 282.07 , and sold it for $40,000.

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Court Rules Government Court Statute 211

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. ” Texas Governor Greg Abbott criticized the ruling, saying , “This decision is outrageous. SCOTUS [the Supreme Court] gives the Biden Admin.

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JURIST

SEPTEMBER 12, 2023

Here, the Legislature has done by statute what was required to be done by constitutional amendment. A spokesperson for plaintiff and former Governor Andrew Cuomo celebrated the ruling, stating, “Truth and reason won, mob rule lost today.” But it is for the people to decide and only the people.

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Court Rules Court Government Statute 223

JURIST

JUNE 22, 2022

Davis ruled that Delaware’s two-year statute of limitations applies and not New York’s one-year statute of limitations. ” The post Delaware court rules Fox Corp. ” The post Delaware court rules Fox Corp.

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JURIST

JUNE 26, 2022

Kagan stated that the term “entitled” had the same meaning throughout the statute, “best implement[ing] the statute’s bifurcated framework by capturing low-income individuals in each of two distinct populations a hospital serves.”

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Court Rules Court Statute 191

JURIST

JUNE 28, 2021

The Texas Supreme Court ruled Friday that federal law does not grant Facebook immunity against lawsuits for users who use its platform to lure minors into sex trafficking. The post Texas Supreme Court rules Facebook can be sued for sex trafficking appeared first on JURIST - News - Legal News & Commentary.

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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. Hardiman authored the opinion of the court. The court ruled that under new US Supreme Court precedent from New York State Rifle & Pistol Association, Inc. Circuit Judge Thomas M.

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Court Rules Court Statute Government 197

JURIST

JUNE 13, 2022

The Supreme Court reversed the Third Circuit’s decision. Justice Sonia Sotomayor noted that the court ruled in Jennings v. The post US Supreme Court rules immigration detainees not guaranteed bond hearings appeared first on JURIST - News.

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Immigration Court Rules Court Statute 197

JURIST

APRIL 5, 2021

The court stated that the law provides localities with the authority to create war memorials and monuments, and that the prohibition on removing them “only applies to monuments and memorials erected prospectively under that statute’s grant of authority.”

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Court Rules Court Statute Court Decisions 212

JURIST

MAY 25, 2021

The US Supreme Court ruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies. The case, US v.

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Court Rules Court Immigration Felony 196

JURIST

JUNE 15, 2022

The US Supreme Court ruled unanimously Wednesday that the Department of Health and Human Services (HHS) may not cut Medicare drug reimbursement for a specific group of hospitals without a survey of hospitals’ pharmaceutical acquisition costs.

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JURIST

JUNE 28, 2022

Baird and Nicolas Lyon, were charged for their roles in the Flint water crisis under Michigan’s “one-man grand jury statute.” The cases were remanded to the state district court. Three state employees, Nancy Peeler, Richard L.

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Court Rules Court Statute Laws 197

JURIST

NOVEMBER 16, 2023

This ceremony is the conclusion of the accession process which began in 2022 when the government approved a law on Rome Statute ratification and a declaration , accepting the ICC’s retroactive jurisdiction before the Armenian Constitutional Court authorized the ratification.

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JURIST

FEBRUARY 22, 2023

During oral arguments, counsel for Helix Energy Solutions Group Paul Clement sought to persuade the court that Hewitt’s compensation scheme met the minimum weekly salary requirement as an executive. Under the relevant statute, an employee qualifies as an executive if, among other things, they are paid a salary.

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Court Rules Court Statute Laws 197

JURIST

FEBRUARY 25, 2022

The US Supreme Court ruled in a 6-3 opinion Thursday that mistakes of law—and not only mistakes of fact—could protect parties from losing their copyrights on grounds of inaccurate registration. The post US Supreme Court rules mistakes of law can excuse copyright registration inaccuracies appeared first on JURIST - News.

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JURIST

MARCH 5, 2021

The US Supreme Court ruled 5-3 Thursday that undocumented immigrants bear the burden of showing that they have not been convicted of a crime involving “moral turpitude,” or they will face lawful removal. Clemente Pereida, is being deported under the Immigration and Nationality Act (INA) of 1952.

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JURIST

JUNE 15, 2023

The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. The court issued three findings in its Thursday decision. The post US Supreme Court ruling rejects challenges to Indian Child Welfare Act appeared first on JURIST - News.

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JURIST

JUNE 30, 2022

” Justice Roberts goes on to say that “reflecting the ancillary nature of Section 111(d), EPA has used it only a handful of times since the enactment of the statute in 1970.” ” The final ruling was 6-3 on ideological lines. 7411(b)(1)(A). Carbon dioxide and other greenhouse gases fit that description.”

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JURIST

JANUARY 4, 2021

The case arose when the plaintiff, a woman, filed for issuance of a Domestic Violence Protective Order (DVPO) pursuant to Chapter 50B of the North Carolina General Statutes (NCGS) against another woman with whom she had been in a dating relationship. While relying on the Supreme Court decision in Bostock v.

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Court Rules Court Statute Court Decisions 188

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The post US Supreme Court rules in favor of DOJ power to dismiss whistleblower lawsuits appeared first on JURIST - News.

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Court Rules Court Government Statute 104

JURIST

APRIL 16, 2021

The Wisconsin Supreme Court ruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. As a result, the court held that “Emergency Order 3 should have been promulgated according to rulemaking procedures set forth in Wis.

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Court Rules Court Statute Government 164

JURIST

JUNE 1, 2021

The US Supreme Court ruled unanimously Tuesday that tribal police officers have the authority to detain and search non-Indigenous persons on federal highways within their territories. Both of these, the court held, introduced confusion into enforcement over difficulties with the “problem of interpretation” of the law.

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Court Rules Court Statute Government 223

Day on Torts

DECEMBER 22, 2023

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The trial court ruled that the two-year extension did not apply here because the code violation was civil in nature rather than criminal, and it therefore granted summary judgment to defendant.

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JURIST

DECEMBER 30, 2022

The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.

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Court Rules Court Laws Statute 104

JURIST

MARCH 14, 2023

” The district court dismissed the case finding that “the Director’s instructions were made unreviewable by the IPR provisions of the patent statute.” ” The Appeals Court reversed in part and affirmed in part the district court’s decision. In the opinion written by Judge Richard G.

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Court Rules Court Statute 118

JURIST

JUNE 14, 2021

In an opinion written by Justice Clarence Thomas, the court determined that: an offender is eligible for a sentence reduction under the First Step Act only if he previously received a sentence for a covered offense. Justice Sonia Sotomayor filed an opinion concurring in part and concurring in the judgment.

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JURIST

JUNE 26, 2021

Gorsuch found that the plain meaning of “extension” does not require continuity, and examined similar language in other statutes and regulations that suggest if Congress does not include limiting language like “consecutive” then continuity is not required.

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Court Rules Statute Court Legal 129

SCOTUSBlog

JUNE 13, 2022

Share In a pair of cases on Monday, the Supreme Court ruled against non-U.S. Pursuant to the post-removal order statute, 8 U.S.C. It raised the question of whether class members facing prolonged detention under the post-removal order statute were entitled to bond hearings. The first case, Johnson v.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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SCOTUSBlog

APRIL 28, 2022

The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. Check back soon for in-depth analysis of the opinion.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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JURIST

FEBRUARY 4, 2021

In a unanimous decision on Wednesday, the US Supreme Court ruled that the heirs of Jewish art dealers cannot bring a lawsuit in US courts against Germany over the alleged forced sale of art and artifacts under the Nazi regime. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.

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JURIST

DECEMBER 11, 2020

The US Supreme Court ruled Thursday in United States v. Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes. Justice Samuel Alito authored the opinion.

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Court Rules Court Statute Laws 128

JURIST

JULY 26, 2022

The Inspector General said that the program would violate the federal Anti-Kickback Statute (AKS), a law meant to prevent fraud and abuse in connection with Medicare and Medicaid. A district court in New York upheld the DHHS’s interpretation of the AKS.

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