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. ” 522(p)(2)(B).

Statute 104

Statute Attorney Court Laws 104

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

DECEMBER 10, 2023

The Texas Supreme Court placed an administrative stay on Friday on a lower court’s temporary restraining order (TRO) that barred the enforcement of the state’s strict abortion bans on a pregnant woman whose fetus was recently diagnosed with a fatal condition. This is not the only abortion-related case in the Texas Supreme Court.

Court 211

Court Felony Healthcare Statute 211

JURIST

APRIL 25, 2024

Philip Randolph Institute and Action challenged the statute from 1877 was written with the intent to exclude Black people from voting and continues to have a disproportionately discriminatory impact. After passing the new law with the scienter requirement, the state’s attorneys argued that the lawsuit was moot.

Felony 211

Felony Laws Statute Attorney 211

JURIST

AUGUST 23, 2023

The Supreme Court of Pennsylvania ruled Tuesday that the state police (PSP) must disclose its social media monitoring policy to the American Civil Liberties Union (ACLU) of Pennsylvania under the state’s right-to-know law (RTKL). The case is an appeal from the Commonwealth Court of Pennslyvania. Justice David N.

Court 197

Court Statute Government Attorney 197

JURIST

NOVEMBER 20, 2023

The US Court of Appeals for the Eighth Circuit on Monday ruled against a tool often used to enforce voter protections, finding that private groups and individuals are not permitted to bring lawsuits under Section 2 of the Voting Rights Act (VRA), which prohibits race-based voter suppression.

Court Rules 211

Court Rules Court Statute Attorney 211

JURIST

DECEMBER 12, 2023

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban.

Court 211

Court Healthcare Statute Court Rules 211

At the Lectern

AUGUST 29, 2022

Kuhns , the Supreme Court today holds that the anti-SLAPP statute (Code Civ. Because the CEO dismissed his petitions for restraining orders, the case involves whether the picketers can recover attorney fees under the statute. In Geiser v. Three years ago, in FilmOn.com Inc v. DoubleVerify Inc. 2019) 7 Cal.5th 2019) 7 Cal.5th

Statute 65

Statute Real Estate Court Attorney 65

JURIST

JANUARY 17, 2024

The Supreme Court heard oral arguments on Wednesday in two cases involving a requirement for herring fisheries to pay for the observers the government used to monitor overfishing. At the heart of the two cases was a debate over the court’s current deference to executive branch agencies in interpreting ambiguous language in federal laws.

Court 211

Court Government Finance Statute 211

JURIST

MARCH 26, 2023

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. The Attorney General of Guam Douglas Moylan filed the motion to reinstate the ban. The court concluded that Moylan did not meet his burden under Federal Rule of Civil Procedure 60(b)(5) to warrant lifting the injunction.

Statute 197

Statute Misdemeanor Felony Court Rules 197

JURIST

OCTOBER 8, 2022

An Arizona state appeals court Friday blocked enforcement of a 1901 abortion ban, which bans all abortions unless the procedure is necessary to save a pregnant person’s life. Eckerstrom agreed with Planned Parenthood that “Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes.”

Court 223

Court Healthcare Statute Attorney 223

At the Lectern

FEBRUARY 25, 2021

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. It also permitted amendments that “are consistent with and further” its intent.

Statute 40

Statute Attorney Court Court Decisions 40

Diane Drain

JANUARY 30, 2021

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. Furthermore, as was fully discussed above, the Arizona Supreme Court, in Mertola, LLC v. Supreme Court – Statute of Limitations under FDCPA. Short answer: No.

Statute 104

Statute Cause of Action Contract Finance 104

At the Lectern

APRIL 16, 2024

The Supreme Court is not rejecting out of hand an original writ petition seeking a declaration that California’s death penalty scheme is unconstitutional as racially discriminatory. See Heavyweight writ petition asks Supreme Court to declare death penalty unconstitutional.) See rule 8.487 (a)(1).) ” (Cal.

Court 91

Court Attorney Statute Laws 91

JURIST

AUGUST 6, 2023

The US Court of Appeals for the Second Circuit affirmed in part a dismissal of a challenge to Public Act 21-6 , Connecticut’s repeal of religious exemptions from state immunization requirements for “schoolchildren, college and university students, and childcare participants.”

Laws 197

Laws Court Statute Attorney 197

JURIST

JUNE 13, 2022

The US Supreme Court Monday ruled in two separate cases that undocumented immigrants who are detained for more than six months are not entitled to a bond hearing. The Supreme Court reversed the Third Circuit’s decision. The Supreme Court reversed the Third Circuit’s decision. Aleman Gonzalez was a 6-3 decision.

Immigration 197

Immigration Court Rules Court Statute 197

Patently O

FEBRUARY 14, 2023

VMWare filed a motion to dismiss but before the court could rule, ZT dropped the case with a voluntary dismissal with prejudice. At that point VMWare aske the court for attorney fees under 35 U.S.C. Section 285 permits a court to award attorney fees at the conclusion of a patent lawsuit. ” WPEM, LLC v.

Attorney 92

Attorney Statute Paralegal Paralegals 92

JURIST

FEBRUARY 26, 2023

In August 2022, numerous abortion funds, pro-choice groups and non-profit organizations brought the lawsuit against Texas Attorney General Ken Paxton. Senate Bill 8, the “trigger law,” and the pre- Roe statutes were mentioned in the ruling. Thus, Paxton was dismissed from this suit.

Statute 227

Statute Laws Attorney Court 227

JURIST

APRIL 30, 2021

The US Court of Appeals for the Sixth Circuit concluded Thursday that Kentucky may enforce price gouging laws against sellers on Amazon, overturning a district court preliminary injunction. ” Additionally, a second relevant statute in this case prohibits misleading trade conduct.

Statute 185

Statute Laws Court Legal 185

Day on Torts

JULY 10, 2023

Where a pro se plaintiff knew about defendants’ alleged legal malpractice more than one year before he filed suit, summary judgment based on the statute of limitations was affirmed. In Garrett v. Weiss , No. E2022-01373-COA-R3-CV (Tenn.

Statute 40

Statute Legal Legal Divorce 40

JURIST

NOVEMBER 18, 2021

The Supreme Court of India Thursday overturned a judgement by the High Court of Judicature at Bombay and ruled that sexual assault under the Protection of Children of Sexual Offense Act (POSCO) does not require “skin to skin contact.” ” The Supreme Court examined two similar cases at once.

Court 132

Court Statute Attorney Court Rules 132

JURIST

AUGUST 10, 2021

The US Court of Appeals for the Third Circuit on Monday upheld a New Jersey state law enforcement directive limiting local police interactions with, and/or barring its cooperation with federal immigration authorities. The US District Court for the District of New Jersey consolidated the cases in November 2019.

Immigration 197

Immigration Court Statute Attorney 197

Day on Torts

AUGUST 20, 2021

Where plaintiffs witnessed defendants loading their personal property onto a truck but did not file their complaint for conversion until more than three years later, dismissal based on the statute of limitations was affirmed. Attorney S. In Bender v. Madison Roberts , No. M2019-01699-COA-R3-CV (Tenn. Continue reading.

Statute 59

Statute Attorney Court 59

JURIST

AUGUST 8, 2023

US Attorney General Merrick Garland announced Monday that the US Department of Justice (DOJ) will begin to help Ukraine with its ongoing Russian war crime investigations and assist the International Criminal Court (ICC).

Statute 197

Statute Attorney Court Government 197

Day on Torts

JUNE 28, 2022

Yesterday the Tennessee Supreme Court remanded a Davidson County Chancery Court case to the trial court to determine the amount of fees that should be awarded after a successful motion to dismiss for failure to state a claim upon which relief may be granted. The statute at issue is Tenn. Code Ann. § 20-12-119(c).

Attorney 59

Attorney Court Statute Laws 59

SCOTUSBlog

APRIL 14, 2023

On Monday, the court will hear argument in a pair of cases, Pugin v. The Supreme Court has held that the federal crime of obstruction of justice requires “interference with a pending or ongoing proceeding to administer justice.” He then received a notice to appear in immigration court for removal proceedings. But the U.S.

Immigration 112

Immigration Statute Felony Court 112

At the Lectern

APRIL 9, 2024

The State Public Defender’s office and several civil rights groups and individuals today filed an original writ petition in the Supreme Court — Office of the State Public Defender v. Supreme Court’s rejection of a statistics-based equal protection argument in McCleskey v. ” (News release here.)

Court 92

Court Statute Construction Education 92

Law 360

MAY 9, 2024

The U.S. (..)

Statute 52

Statute Court Attorney 52

Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 59

JURIST

JUNE 29, 2022

” New York Attorney General Letitia James filed the lawsuit in New York Supreme Court’s Commercial Division. For the public nuisance claim, James is invoking a New York public nuisance statute passed in July 2021.

Statute 194

Statute Attorney Court 194

At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. It’s not an easily resolved issue, because the Legislature didn’t specify an answer. In People v.

Statute 40

Statute Court Rules Court Felony 40

JURIST

JUNE 10, 2021

The US Court of Appeals for the Eighth Circuit on Wednesday affirmed a lower court decision to block enforcement of a Missouri law that would place tight restrictions on access to abortion. The post Federal appeals court blocks Missouri abortion restrictions appeared first on JURIST - News - Legal News & Commentary.

Court 190

Court Statute Court Decisions Attorney 190

JURIST

JUNE 3, 2023

Judge Thomas Parker, a judge for the United States District Court for the Western District of Tennessee, Friday ruled that Tennessee’s Adult Entertainment Act (AEA) is unconstitutional. The court analyzed the AEA using strict scrutiny, the most demanding standard of judicial review. Parker previously enjoined the AEA in April.

Entertainment 197

Entertainment Statute Attorney Court Rules 197

SCOTUSBlog

APRIL 29, 2024

Horn , the Supreme Court agreed to decide whether a commercial truck driver who lost his job after he failed a drug test can bring a claim under federal racketeering laws against the makers of the product that he says was responsible for that failed test. Court of Appeals for the 2nd Circuit, which reinstated his RICO claim.

Personal Injury 109

Personal Injury Court Immigration Government 109

Patently O

OCTOBER 25, 2021

Court of Appeals for the Federal Circuit (the “Federal Circuit”), of course! Like patent office cases, when decisions of the Veterans Administration (“VA”) are appealed to the federal court system, the cases are not heard in your everyday district courts, but instead in everyone’s favorite court with nationwide jurisdiction.

Court 117

Court Statute Government Laws 117

SCOTUSBlog

MAY 16, 2022

Share The Supreme Court on Monday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or will be allowed to remain in the country. But the Supreme Court held that a federal immigration statute — 8 U.S.C.

Immigration 145

Immigration Court Statute Attorney 145

JURIST

JANUARY 25, 2024

In 2003, Malaysia and Singapore agreed to the International Court of Justice’s (ICJ) jurisdiction to determine whether Malaysia or Singapore enjoys sovereignty over three groups of islets in the South China Sea, namely Pedra Branca, Middle Rocks and South Ledge.

Government 192

Government Construction Statute Court 192