Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. California. Pliler and Davis v.

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SCOTUSBlog

FEBRUARY 21, 2022

The Supreme Court first addressed the problem squarely in its 1987 decision in California v. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. Cabazon Band of Mission Indians.

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At the Lectern

MAY 1, 2024

On Tuesday and Wednesday, May 21 and 22, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself ): Castellanos v. In March of this year, the court heard argument in another COVID insurance case, Another Planet Entertainment, LLC v.

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SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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SCOTUSBlog

JUNE 23, 2023

Share Friday’s decision in Coinbase v. Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute.

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Broadcast Law Blog

SEPTEMBER 25, 2014

As we have written before , Flo and Eddie brought suit against Sirius XM, arguing that the service needs to get permission to make public performances of these recordings and, by not doing so, it violated their California state law copyrights. . This decision, on a summary decision motion, may quite well be appealed.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S.

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SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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At the Lectern

AUGUST 19, 2021

” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. ” The court depublished the opinion of the Second District, Division Eight, in People v. Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge.

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Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. This is the first case that Aereo itself has lost, also winning a favorable decision from a District Court in Boston which essentially followed the Second Circuits reasoning (see our summary of the Boston decision here ).

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The 9th Circuit placed Hansen’s case on hold while the Supreme Court considered its Sineneng-Smith ruling. Next up is Lora v.

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Patently O

SEPTEMBER 21, 2022

In its 2022 Caltech decision, the Federal Circuit overturned its prior Shaw precedent and found that the estoppel broadly applies to all claims challenged in an IPR and all grounds “which reasonably could have been asserted” against the petitioned claims. California Inst. But, lets look at the statute. Iancu , 138 S.

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At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”

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SCOTUSBlog

APRIL 22, 2022

The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. Additionally, the majority noted, the legal materials that a court may consult when addressing the two inquiries are distinct: AEDPA requires the court to focus on U.S. In Brecht v.

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Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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At the Lectern

FEBRUARY 10, 2022

Employment case grant-and-hold : The court granted-and-held in Joseph v. California Department of Corrections. which the court decided two weeks ago. In Lawson , the court held that, instead of a U.S. In State of California v. The lead case is Lawson v. PPG Architectural Finishes, Inc.

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Patently O

OCTOBER 5, 2022

The 4th Circuit noted a second problem–the statute provides discretionary authority (“the district court … may order …”), and here discretion was properly denied. The opinion conflicts with the Second Circuit’s decision in In re del Valle Ruiz , 939 F.3d 3d 520 (2d Cir.

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Constitutional Law Reporter

MARCH 14, 2023

Buckley sued in California state court and won, leaving the Bartenwerfers jointly responsible for more than $200,000 in damages. As Justice Barrett noted, when Congress next amended the Bankruptcy Code following the Court’s decision in Strang, it deleted the phrase “of the bankrupt” from the discharge exception for fraud.

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At the Lectern

JUNE 17, 2022

” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v. ” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v. Relying on a 2015 U.S.

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The Crime Report

JUNE 23, 2022

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. Report authors highlighted a recent Supreme Court decision in Canada. Florida has the highest count of incarcerated people serving life without parole sentences.

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Broadcast Law Blog

NOVEMBER 17, 2014

On Friday, the US District Court in the Southern District of NY found that there is a public performance right in pre-1972 sound recordings in that state, following two decisions from California finding a similar right under California law (though on different grounds).

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At the Lectern

OCTOBER 27, 2022

State Bar of California , the court accepted the Bar’s concession in an original writ proceeding the court agreed to hear (see here ). ” The court said, “we expect that [the Bar] will disclose the information. ” Restitution jurisdiction.

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SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. HRB Tax Group, Inc. Louisiana v.

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SCOTUSBlog

DECEMBER 3, 2022

Dissatisfied with the purchase, Buckley eventually obtained a judgment in a California state court based on the failure of the Bartenwerfers to disclose information about the house on the standard-form Transfer Disclosure Statement. The statute refers to the discharge of “any” debt obtained by “fraud.”

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Broadcast Law Blog

MARCH 22, 2017

In a decision released this week , the 9 th Circuit Court of Appeals overturned a District Court decision (about which we wrote here ) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Fourth Circuit also dismissed as moot an environmental group’s appeal of the district court’s denial of its motion to intervene. California Chamber of Commerce v. 16-2432 et al.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Ninth Circuit Court of Appeals affirmed a district court judgment rejecting challenges to San Francisco regulations that dictated which taxi medallion holders could pick up passengers at San Francisco International Airport. 1:20-cv-00056 (D.D.C. Union of Concerned Scientists v. National Highway Traffic Safety Administration , No.

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The Crime Report

SEPTEMBER 7, 2023

Between 1997 and 2016, Congress enacted eight additional sex offender-related statutes , all of which are designed to either enhance or improve the tracking of sex offenders of every stripe through registration. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order.

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SCOTUSBlog

NOVEMBER 1, 2021

The question came to the court in a case filed by a transgender patient, Evan Minton, who wanted a hysterectomy and alleges that the hospital, Mercy San Juan Medical Center in Carmichael, California, refused to allow the doctor to perform it, in violation of state civil rights laws.

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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.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.

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SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. They invoke Rapanos v. In Kennedy v.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Minnesota v. 20-cv-1636 (D. BP p.l.c.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. On March 1, the court set a schedule for motions to dismiss, with the parties’ briefing to be completed by April 10. People of State of California v.

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SCOTUSBlog

JUNE 30, 2022

On the other hand, 16 states protect access to abortion through various methods, such as state constitutional amendments and laws that protect the right to privacy, state supreme court decisions interpreting equal protection to include reproductive care, and statutes that protect access to reproductive care.

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The Crime Report

JUNE 24, 2022

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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