Patently O
APRIL 3, 2023
The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute. In my view, this result better aligns with both tradition and the reading of the statute.
SCOTUSBlog
OCTOBER 3, 2022
Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v.
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SCOTUSBlog
JUNE 23, 2023
Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”
Day on Torts
FEBRUARY 10, 2022
The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed. internal citation omitted).
Paralegal-Edu.Org
APRIL 26, 2024
Yet, behind every successful attorney stands a diligent and indispensable ally: the paralegal. They may be involved in the research of case laws, statutes, or regulatory provisions and thereby display their proficiency in mining large legal repositories to dig out precedents, relevant statutes, and other important information.
Day on Torts
AUGUST 9, 2021
Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.
ClimateChange-ClimateLaw
MARCH 29, 2023
The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question. The advisory opinion could also rely on these decisions to explore the applicability of the no-harm principle and the related due diligence obligations in the context of climate change.
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