SCOTUSBlog

OCTOBER 5, 2023

and North Carolina Farm Bureau Federation v. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S. The Farm Bureau and North Carolina Attorney General Josh Stein ask the court to grant review and reverse the 4th Circuit’s decision. du Pont de Nemours & Co.

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Court Tort Litigation Litigating 107

Patently O

JULY 1, 2021

Ikorongo Texas is a Texas LLC (corporate registration in Texas), but its owners and managers all reside in North Carolina. Ikorongo Texas is plainly recent, ephemeral, and artificial—just the sort of maneuver in anticipation of litigation that has been routinely rejected. [T]he But, the defendants argued that N.D.Cal.

Statute 104

Statute Litigation Litigating Court 104

SquirePattonBoggs

FEBRUARY 16, 2021

All states, except North Carolina, have rules or statutes allowing their highest court to accept certified questions from federal courts on questions of state law. Assuming those numbers are accurate, litigants in the Sixth Circuit will have an uphill battle attempting to get an answer on state law from a state supreme court.

Court 49

Court Litigation Litigating Statute 49

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. University of North Carolina.

Healthcare 85

Healthcare Tort Education Court 85

SCOTUSBlog

SEPTEMBER 29, 2023

The doctrine at the center of the case is known as the voluntary cessation doctrine – the principle that plaintiffs can continue to litigate their case unless the defendant shows that it cannot simply resume the conduct that prompted the lawsuit after the case is dismissed. The plaintiff in the case, Yonas Fikre, is a U.S. In Corner Post v.

Calendaring 113

Calendaring Court Statute Court Rules 113

The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework.

Statute 105

Statute Lawyer Lawyers Court 105

Conflict of Laws

FEBRUARY 22, 2024

Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. It held that courts should disregard these clauses in situations where applying the chosen law would “contravene a controlling federal statute” or “conflict with an established federal maritime policy.”

Court 68

Court Contract Laws Statute 68

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The absence of clear guidance from the Supreme Court distinguishing “major” questions from “non-major” ones has complicated efforts to establish the boundaries of the doctrine, and litigators have moved quickly to exploit this ambiguity in the doctrine’s rhetoric. However, it objected to the EPA’s interpretation of its authorizing statute.

Statute 80

Statute Court Government Administrative Law 80

SCOTUSBlog

MARCH 16, 2022

Court of Appeals for the 6th Circuit erred by not allowing him to intervene to defend the state’s abortion statute after another state official stopped defending its constitutionality. North Carolina State Conference of the NAACP , both of which involve intervention, but she argues that neither is likely to bear on the timeliness issue here.

Statute 102

Statute Small Business Court Attorney 102

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. 6 conferences) North Carolina Farm Bureau Federation v. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. 26 and Oct.

Laws 78

Laws Court Personal Injury Tort 78

JonathanTurley

MARCH 5, 2022

As the federal recusal statute makes clear, recusal is proper where a judge’s “impartiality might reasonably be questioned.”. Judge Jackson served on the board since 2016, which overlaps with this litigation and the underlying policy. A ruling on the same question in the North Carolina case will have a direct impact on Harvard.

Government 34

Government Court Education Litigation 34

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”

Litigation 40

Litigation Litigating Court Laws 40

The Crime Report

DECEMBER 20, 2021

In the absence of oversight boards and civil litigation, criminal charges against prosecutors and ethics board disciplinary measures are the only means of incentivizing appropriate prosecutorial actions. Make Prosecutors Liable to Criminal Charges. Establish an Oversight Commission.

Malfeasance 140

Malfeasance Court Attorney Law School 140

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The recall was based on Sharma stating that he did not consider an argument between two fellow students to be racist. General Construction Co. , 269 U.S.

Laws 33

Laws Law School Statute Construction 33

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.” University of North Carolina , 21-707. 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.

Court 95

Court Statute Education Administrative Law 95

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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Court Lawyer Lawyers Administrative Assistant 117

FDA Law Blog

MAY 14, 2021

387 (notes to statute, § 3, ¶ 7). In addition, any menthol rule would require significant public comment and could likely face litigation in federal court. Others, such as Senators Richard Burr of North Carolina have vehemently opposed the ban when illegal drugs such as marijuana are being legalized. 21 U.S.C. §

Manufacturing 52

Manufacturing Drafting Statute Litigation 52

LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. The Autonomy acquisition turned into a fiasco for HP due to alleged accounting improprieties by Autonomy, resulting in both litigation and a write-down of nearly $8.8

Legal 141

Legal Legal Legal Services Technology 141

FDA Law Blog

MAY 14, 2021

387 (notes to statute, § 3, ¶ 7). In addition, any menthol rule would require significant public comment and could likely face litigation in federal court. Others, such as Senators Richard Burr of North Carolina have vehemently opposed the ban when illegal drugs such as marijuana are being legalized. 21 U.S.C. §

Manufacturing 40

Manufacturing Drafting Statute Litigation 40

LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. The Autonomy acquisition turned into a fiasco for HP due to alleged accounting improprieties by Autonomy, resulting in both litigation and a write-down of nearly $8.8

Legal 52

Legal Legal Legal Services Technology 52

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.

Tort 32

Tort Statute Criminal Law Court 32