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Court revives DNA evidence case of Texas man on death-row

SCOTUSBlog

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. Facts of the Case A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. Reed then sued in federal court under 42 U.S.C.

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Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

Jane Cummings, who is deaf and legally blind, sued Premier Rehab (a Texas rehabilitation facility that receives federal funding) for discriminating based on disability in violation of the Rehabilitation Act and the Affordable Care Act. Justice Stephen Breyer dissented, joined by Justices Sonia Sotomayor and Elena Kagan.

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. Moab Partners, L.P. :

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. Texas Entertainment Association, Inc. However, the U.S.

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Venue over Foreign Defendant; and Seeking Rehearing before Mandamus

Patently O

In particular, the statute states plainly that venue is proper in any judicial district: (3) a defendant not resident in the United States may be sued in any judicial district … 28 USC 1391(c)(3). But, the statute only permits transfer to a venue where the case “might have been brought.” Kockum Industries, Inc.,

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How does the USPTO Decide the Discretionary Aspect of Institution?

Patently O

706 authorizing actions to compel agency to stop any behavior that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Constitution to require that the plaintiff identify some concrete harm caused by the defendant’s action (or inaction). That case is now on appeal.

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