At the Lectern

APRIL 22, 2024

Reynoza , the Supreme Court today interprets Penal Code section 136.1 , subdivision (b)(2), which makes illegal an attempt to prevent or dissuade a witness from “[c]ausing a complaint. Quoting from a legislative report when the statute was enacted in 1980, the court says, “our Legislature remains free to clarify section 136.1(b)(2),

Statute 110

Statute Court 110

HowAppealing

NOVEMBER 27, 2023

“Parsing Invalidating Statutes (Part I)”: John F. ” Therein, he writes, “There are hundreds of state statutes that direct state courts not to give effect to choice-of-law and forum selection clauses.” Coyle has this post at the “Transnational Litigation Blog.”

Statute 100

Statute Litigation Litigating Court 100

JURIST

FEBRUARY 3, 2023

The Supreme Court of Illinois Thursday ruled that individuals have a five-year period to launch a claim under the Biometric Information Privacy Act. This ruling reverses an appellate court decision that allowed for only a one-year period on claims relating to unlawful handling of people’s data under the act. Black Horse Inc.

Statute 169

Statute Court Court Decisions Laws 169

HowAppealing

APRIL 19, 2024

“Fetal Personhood Fight Underlies Supreme Court Abortion Case; Idaho abortion ban conflicts with federal law, US says; Reading of statute key question in appeal”: Lydia Wheeler of Bloomberg Law has this report.

Statute 100

Statute Laws Court 100

HowAppealing

APRIL 9, 2024

Congress’ house, appeals court rules, rejecting Jan. 6 defendant’s challenge; The ruling upholds a statute that criminalizes parading, picketing or demonstrating in a Capitol building.’” Court of Appeals for the D.C. Congress’ house, appeals court rules, rejecting Jan. “‘Whose house?’ Circuit issued today.

Statute 100

Statute Court Rules Court 100

SCOTUSBlog

MAY 11, 2023

Share For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud. As the court previously held in Kelly v.

Statute 95

Statute Court Government 95

SCOTUSBlog

JUNE 9, 2023

Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence.

Statute 83

Statute Court Construction Government 83

HowAppealing

AUGUST 31, 2023

Justices Remand ‘Mallory’ to Trial Court, Registration Statute Uncertainty Expected to Linger; The Tuesday ruling shut down the defendants’ bid for a fast-tracked examination of whether or not the consent by registration statute violates the U.S. The post “Pa.

Statute 100

Statute Court Legal Legal 100

JURIST

JANUARY 24, 2024

The US Fourth Circuit Court of Appeals reversed Tuesday a lower court order and ruled against a trailer park in a case involving the application of the Fair Housing Act (FHA). The court found that the policy had a disproportionate impact on Latino residents.

Immigration 228

Immigration Court Rules Statute Court 228

SCOTUSBlog

MARCH 29, 2023

United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. Share Tuesday’s decision in Wilkins v. So, if the bar is jurisdictional, they would be completely out of luck.

Statute 99

Statute Court Litigation Litigating 99

HowAppealing

FEBRUARY 20, 2023

United States and the Aggravated Identity Theft Statute; 18 U.S.C. 1028A, this is your day in court”: Orin S. United States and the Aggravated Identity Theft Statute; 18 U.S.C. 1028A, this is your day in court” appeared first on How Appealing. Kerr has this post at “The Volokh Conspiracy.”

Statute 100

Statute Court 100

JURIST

JUNE 13, 2023

The court found that two members of Ultima Generazione (Last Generation), Guido Viero and Ester Goffi, damaged the base of the Gruppo del Laocoonte (Laocoön Group) statute inside the Vatican Museum, resulting in incalculable damage. But the court found that the base was an integral part of the statue.

Statute 104

Statute Court 104

JURIST

APRIL 9, 2024

Arizona’s Supreme Court found on Tuesday that a 159-year-old law banning abortion is enforceable following the US Supreme Court’s 2022 decision to overturn abortion rights case Roe v Wade, sending a 52-year-old case back to trial court. The case, Planned Parenthood v. The 2022 ruling Dobbs v.

Laws 249

Laws Court Statute Criminal Law 249

JURIST

OCTOBER 16, 2023

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. The challenged statute, N.C. The court stated that the law substantially “burden[ed] newsgathering and publishing activities.”

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

HowAppealing

OCTOBER 31, 2023

“A Small Fish and an Uncollected Fee Add Up to Big-Government Challenge at the Supreme Court; Herring fishermen and anti-regulation groups seek to overturn the ‘Chevron’ precedent that lets federal agencies interpret unclear statutes”: Greg Stohr of Bloomberg News has this report.

Statute 100

Statute Government Court 100

Conflict of Laws

NOVEMBER 13, 2023

Two years ago, the Uniform Law Conference of Canada (ULCC) released a revised version of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. The statute is available here. The core features of the ECJA are unchanged.

Statute 61

Statute Litigation Litigating Laws 61

Court-MartialTrialPractice

SEPTEMBER 24, 2023

Generally When deciding what a word or term in a statute means, the rule of statutory interpretation is to give the word or term its plain and ordinary meaning. If the word or term is clear and unambiguous, then the court will not look beyond the text of the statute to determine its meaning.

Statute 52

Statute Court 52

The Crime Report

FEBRUARY 27, 2023

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

Statute 75

Statute Felony Court Government 75

SCOTUSBlog

OCTOBER 11, 2022

Share The Supreme Court on Tuesday heard the case of a Texas death-row inmate seeking DNA testing for evidence that he believes will clear him. A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late.

Statute 130

Statute Construction Court Laws 130

JURIST

JUNE 20, 2021

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The case which the Supreme Court decided was Nestlé USA, Inc. Doe I, consolidated with Cargill, Inc.

Tort 249

Tort Statute Court Cause of Action 249

Law 360

JUNE 2, 2023

Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

Statute 75

Statute Attorney Court 75

HowAppealing

DECEMBER 5, 2021

“The Cell Phone Donut Hole in the Tracking Device Statute”: Retired U.S. has this article in the Federal Courts Law Review. Magistrate Judge Steven Wm. Smith (S.D.

Statute 100

Statute Court Laws 100

Law 360

JANUARY 10, 2024

A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.

Statute 52

Statute Court 52

JURIST

FEBRUARY 22, 2023

The US Supreme Court Wednesday ruled in a slip opinion that a Chapter 7 bankruptcy debtor cannot discharge a debt that resulted from her partner’s fraudulent activity under 11 U.S.C. § The statute at issue bars debtors from discharging debts “for money…obtained by…fraud.” 523(a)(7)(A).

Court Rules 223

Court Rules Court Statute Laws 223

Day on Torts

NOVEMBER 29, 2023

Plaintiff filed suit within the one-year statute of limitations and had service issued on July 2, 2020, but that summons was not served. After being served, defendant moved to dismiss, which the trial court granted and the Court of Appeals affirmed. A new summons for defendant was not issued until September 3, 2021.

Statute 52

Statute Court 52

Diane Drain

JANUARY 20, 2022

Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes. The statute reverses the current statutory scheme where a recorded Judgment is not a lien on the homestead pursuant to 964(A) & (B). During a bankruptcy case, the Debtor can ask the Court to remove the judgment lien. Bankruptcy after COVID-19.

Statute 104

Statute Attorney Court Laws 104

JURIST

MARCH 24, 2023

The US Court of Appeals for the Second Circuit Thursday upheld the funding of the Consumer Financial Protection Bureau (CFPB) as constitutional. The court found the CFPB is funded by Title X of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. The court again rejected the argument.

Statute 211

Statute Court Law Office Government 211

SCOTUSBlog

JUNE 3, 2021

Share The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. The post Justices narrow federal computer-fraud statute appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

Statute 138

Statute Government Court Laws 138

JURIST

APRIL 24, 2023

The US Supreme Court Monday heard oral arguments in Lac du Flambeau Band v. It was argued that tribes are a type of domestic governmental units which the statute distinctly includes. Coughlin also points to the fact that the Supreme Court has previously determined that Congress need not use specific “magic words”.

Statute 223

Statute Court Government Attorney 223

JURIST

FEBRUARY 28, 2023

The US Supreme Court Monday issued an order list announcing it will hear two additional cases this term. This law reformed sentencing to require a district court to ignore the mandatory minimum sentence if a criminal defendant meets certain criteria, known as “safety valve relief.” The two cases are Pulsifer v.

Statute 210

Statute Court Laws 210

JURIST

FEBRUARY 22, 2023

The US Supreme Court Tuesday heard oral arguments in Gonzales v. The statute broadly shields online platforms from liability for content posted to the platform by its users. Instead, Stewart urged the the court to “distinguish carefully between liability for the content itself, [and] liability for statements about the content.”

Court 245

Court Statute Litigation Litigating 245

HowAppealing

JULY 16, 2021

“New Texas Abortion Statute Raises Cutting-Edge Questions Not Just About Abortion but About the Relationship Between State and Federal Courts”: Law professors Vikram David Amar and Jason Mazzone have this essay online at Justia’s Verdict.

Statute 100

Statute Court Laws 100

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Healthcare 59

JURIST

JUNE 8, 2023

The US Supreme Court ruled Thursday in Dubin v. United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision.

Healthcare 211

Healthcare Court Rules Statute Court 211

HowAppealing

JUNE 1, 2022

“The Supreme Court Leakers Can Be Prosecuted; If it turns out to be a law clerk, there are federal statutes under which criminal charges can be brought”: Markus Funk and U.S. District Judge Virginia M. Kendall ( N.D. have this essay online at The Wall Street Journal.

Statute 100

Statute Laws Court 100

HowAppealing

AUGUST 10, 2021

“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”: William Morris of The Des Moines Register has this report. Court of Appeals for the Eighth Circuit at this link.

Statute 100

Statute Laws Court 100

JURIST

MARCH 26, 2021

The US Court of Appeals for the Ninth Circuit on Wednesday upheld Hawaii’s firearm-licensing law , which restricts open-carry licenses to those who can demonstrate “the urgency or the need” to carry a firearm, that they are of good moral character, and are “engaged in the protection of life and property.”.

Statute 104

Statute Court Laws Legal 104