SCOTUSBlog

JUNE 20, 2023

Share People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States.

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Constitutional Law Reporter

JANUARY 10, 2024

Supreme Court recently granted certiorari in Fischer v. Circuit Court of Appeals’ interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. Issues Before the Supreme Court Fisher appealed to the Supreme Court, arguing that “[t]he D.C. United States. 1512(c)(2).

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SCOTUSBlog

DECEMBER 11, 2020

The Supreme Court on Thursday unanimously reinstated the rape convictions of three former servicemen in United States v. The nine-page, 8-0 decision, with Justice Samuel Alito writing for the court and Justice Amy Coney Barrett not participating, reverses judgments of the U.S. Briggs and two consolidated cases.

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JURIST

MARCH 26, 2024

The US Supreme Court heard arguments Monday on whether Indian Health Services (IHS) should be reimbursed for “contract support costs” associated with third parties, such as Medicare and Medicaid. The Supreme Court heard this issue because of the split among the circuit courts.

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At the Lectern

NOVEMBER 10, 2023

The Supreme Court today observes Veterans Day. So, it’s an appropriate time to remember that Justice Goodwin Liu issued a 2021 separate statement exposing a gap in a veteran-specific sentencing statute and that the Legislature responded with corrective legislation. When the court denied a petition review in People v.

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The trial court agreed, granting the motion, and summary judgment was affirmed on appeal. In Costner v.

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

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Patently O

MARCH 2, 2021

Rain and Samsung agree that this case comes down to claim construction. And, as typical, the patentee is attempting to thread the needle with a construction that is broad enough to be infringed, but narrow and specific enough to avoid invalidation. The district court construed one term narrowly — resulting in no infringement.

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JURIST

APRIL 5, 2024

Colombia filed a declaration of intervention Friday in South Africa’s genocide case against Israel in the International Court of Justice (ICJ). Colombia argued that the court should allow it to join the case because it has signed and ratified the Genocide Convention and thus has a right to intervene in the case.

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JURIST

AUGUST 5, 2022

The United Kingdom of Great Britain and Northern Ireland Friday filed a declaration of intervention in the International Court of Justice (ICJ) in the case of Ukraine v. According to the ICJ, under Article 63 of the Statute of the Court , states may intervene in proceedings if the outcome will bind them. Russian Federation.

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SCOTUSBlog

JULY 27, 2023

Share The Supreme Court on Thursday cleared the way for the completion of the Mountain Valley Pipeline, a controversial $6.6 Court of Appeals for the 4th Circuit that had put construction in the Jefferson National Forest, in southern Virginia, on hold while challenges from environmental groups to the construction continue.

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Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

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JURIST

OCTOBER 20, 2022

The Republic of Croatia Wednesday filed a declaration of intervention in the International Court of Justice (ICJ) case of Ukraine v. Russian Federation under Article 63 of the ICJ Statute. Human rights experts worldwide have accused Russia of genocide since its invasion of Ukraine. It is part of a procedural matter.

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Patently O

JULY 19, 2022

The appellate decision altered claim construction and told the PTAB to try its analysis again with the new construction. Not Literally Disclosed : On remand, the patent challenger TCT successfully shifted its argument based upon the Federal Circuit’s new claim construction. I call this the not-literally-disclosed ground.

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Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §

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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.

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SAV Paralegal Services

JUNE 14, 2021

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. In Coutinho v. Ocular Health Centre Ltd.,

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JURIST

FEBRUARY 5, 2021

The US Supreme Court released an order on Wednesday granting the Biden administration’s request to remove oral arguments for challenges on now-defunct Trump administration immigration policies. The Supreme Court’s order separately granted a writ of certiorari in a natural-gas pipeline case. The removed cases, Mayorkas v.

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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.

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Day on Torts

FEBRUARY 17, 2022

Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. The Court of Appeals, however, disagreed. In Kelly v.

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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.)

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JURIST

MARCH 18, 2024

Israel made a public request to the International Court of Justice (ICJ), released Monday, to reject additional measures filed by South Africa to increase humanitarian aid to Gaza. ” Examples of the maritime humanitarian corridor from Cyprus and the aid pier to be constructed by the US were cited.

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JURIST

JUNE 8, 2022

The US Court of Appeals for the Ninth Circuit Tuesday ruled that a Honduran man’s conviction in California for possession of a forged social security number card (SSN) with a counterfeit government seal is grounds for deportation as a crime of moral turpitude.

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JURIST

AUGUST 25, 2023

Planned Parenthood South Atlantic joined two physicians and Greenville Women’s Clinic to file a petition Thursday asking the Supreme Court of South Carolina to reconsider its decision to uphold a strict state law banning abortions after six weeks of pregnancy.

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SCOTUSBlog

JUNE 23, 2023

Share On Thursday, the Supreme Court held that a federal prisoner cannot raise a claim of legal innocence if he has already challenged his conviction – even if that claim was unavailable at the time he filed his challenge. The court’s decision in Jones v. Nearly two decades later, the Supreme Court decided in Rehaif v.

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At the Lectern

APRIL 27, 2023

” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit. .” ” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit.

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Patently O

OCTOBER 23, 2023

19, 2023) WDTX District Court Judge Alan Albright sided with the accused infringer in this case — holding that the asserted claims were invalid as indefinite. In MPF analysys, the court looks beyond the magic words and more generally ask whether the limitation recites a non-structural “nonce” word. Google LLC , Nos.

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SCOTUSBlog

JANUARY 23, 2023

Share In its first opinion of the 2022-23 term, the Supreme Court unanimously held on Monday that a one-year timeframe for military veterans to apply for retroactive disability benefits is a firm deadline that cannot be extended under a doctrine known as “equitable tolling.” The problem for Arellano was that a federal statute, 38 U.S.C.

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JURIST

SEPTEMBER 21, 2022

Ireland Tuesday filed a declaration of intervention in the Registry of the Court in the International Court of Justice (ICJ) in the case of Ukraine v. Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Russian Federation.

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SCOTUSBlog

JUNE 24, 2023

By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. The question came to the court in the cases of two men, Jean Francois Pugin and Fernando Cordero-Garcia, both permanent residents of the United States who had lived in the country for decades. Court of Appeals for the 4th Circuit held in Pugin’s case that it did not.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. The Court further found that the context and the statutory text both supported its interpretation.

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Day on Torts

SEPTEMBER 1, 2021

This ruling was affirmed by the Court of Appeals. Plaintiff argued in this appeal that despite failing to meet this 90-day time limitation, her filing with the Claims Commission was not time-barred because it fell within the one-year statute of limitations for personal injury claims found in Tenn. Code Ann. § Code Ann. §

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Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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SCOTUSBlog

FEBRUARY 28, 2023

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Share In many ways, Monday’s oral argument in Dubin v.

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SCOTUSBlog

NOVEMBER 4, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. Court of Appeals for the 11th Circuit upheld Daye’s deportation order.

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Mondaq

OCTOBER 26, 2021

Georgia Court of Appeals Docket No. In Mildred Toomer in her capacity as Administrator of the Estate of Milton Mcbride v. Metro Ambulance Services, Inc., A22A0160.

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SCOTUSBlog

DECEMBER 7, 2021

Share The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. First, the applicant must meet precise eligibility requirements under the statute. a green card).

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