article thumbnail

Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

As Justice Gorsuch explained, the Court has found a clear waiver of sovereign immunity in just two situations. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. agency,” §1681a(b), and that applies to the entire Act.

article thumbnail

Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity

Constitutional Law Reporter

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

Court 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

Justice Kavanaugh first noted that, as a general matter, the statute of limitations begins to run when the plaintiff has a “complete and present cause of action.” To determine when a plaintiff has a complete and present cause of action, the Court focuses first on the specific constitutional right alleged to have been infringed.

Statute 52
article thumbnail

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State.

article thumbnail

Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent.

article thumbnail

Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

Mallory also cited that Pennsylvania requires out-of-state companies that register to do business in the Commonwealth to agree to appear in its courts on “any cause of action” against them. The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process. . …

Court 52