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 government again seeks review of the 9th Circuit’s holding. Two years ago, in United States v. Hansen appealed to the 9th Circuit.

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Immigration Court Statute Law Firm 85

SCOTUSBlog

JANUARY 9, 2022

In that case, the Medicaid statute obligates the state to “seek reimbursement” from the person who committed the tort, and it requires (in 42 U.S.C. Prior Supreme Court decisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses. Another provision ( 42 U.S.C.

Tort 77

Tort Statute Government Court Decisions 77

Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

Court 52

Court Cause of Action Government Court Rules 52

SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples.

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Government Contract Statute Education 120

The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The Furman Framework. Austin Sarat.

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Statute Lawyer Lawyers Court 105

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Animal Legal Defense Fund.

Statute 102

Statute Stare Decisis Court Manufacturing 102

SCOTUSBlog

JANUARY 19, 2022

But lower courts are divided about what factors they should consider when a prisoner who was convicted of a pre-2010 crack-cocaine offense seeks a new sentence under the First Step Act. Some courts look solely at the revised statutory penalties for crack cocaine to decide whether a new sentence is warranted.

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Laws Court Government Statute 89

SCOTUSBlog

SEPTEMBER 14, 2021

Cortada is a longtime Floridian who received his law degree from the University of Miami and is now a professor at the University of Miami Department of Art and Art History; his work combines his legal training with his artistic vision of how each Supreme Court decision shaped the nation. In a watershed decision in Gideon v.

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Court Constitutional Law Lawyer Lawyers 118

FDA Law Blog

APRIL 23, 2021

The Court pointed out that its task was not to determine whether the ability of the FTC to substitute §13(b) for the administrative procedure in §5 and consumer redress under §19 was desirable, but rather to answer a “more purely legal question,” Slip Op. It did that by focusing on the text of the statute.

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Court Statute Punitive Damages Government 40

Diane Drain

DECEMBER 31, 2020

It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. It will take years, if ever, to uncover what this latest bill (5,600 pages of legal mumble-jumble) hides.

Small Business 104

Small Business Contract Statute Government 104

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. The trial court denied Tekoh’s motion and admitted his statement.

Court 100

Court Government Lawyer Lawyers 100

MyCase

SEPTEMBER 25, 2023

Whether you’re brand new to practicing law or a seasoned pro, effective legal research is one of the cornerstones of being a successful lawyer. Throughout your career, legal research skills can help you stay abreast of evolving precedent. What is Legal Research? Specific laws and decisions also are subject to change over time.

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Legal Research Legal Legal Case Management 52

Conflict of Laws

MARCH 10, 2021

Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case. GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”.

Court 52

Court Contract Stare Decisis Entertainment 52

Conflict of Laws

NOVEMBER 17, 2021

In legal practice, there are some legislations or arbitration institutions provide approaches allowing for the parties to apply for reconsideration of the award, which can be summarized into 3 categories: 1. Nevertheless, among all salient features of arbitration, finality of award is probably the most controversial one.

Court 40

Court Legal Legal Laws 40

Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. Pursuant to Article 4 of Law No.

Court 67

Court Laws Contract Court Decisions 67

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” Federal Court in Washington Upheld Forest Restoration Plan. EPA’s brief is due December 15. Williams , No.

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Court Government Litigation Litigating 55

Conflict of Laws

AUGUST 30, 2023

Our sincere thanks go to all involved, not only at the conference and in the book project, but also to the legal scholars from around the world who have kept us constantly informed about publications of their own work on the HCCH 2019 Judgments Convention. 166-172 (available here ) Brand, Ronald A. 2019-02, pp 1-35 Brand, Ronald A.

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Drafting Laws Litigation Litigating 97

FDA Law Blog

SEPTEMBER 29, 2021

Manufacturers may choose not to participate in this program, but the federal government will not reimburse for their outpatient drugs under Medicaid or Medicare Part B if they do not. A 2018 report by the Government Accountability Office (“GAO”) found similar issues, as well as contract pharmacy noncompliance and poor federal oversight.

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Litigation Litigating Manufacturing Contract 52

Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. (My — Dennis Crouch.

Statute 77

Statute Court Litigation Litigating 77

SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

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Statute Construction Court Administrative Law 92

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 majority responded to this latter point by saying that “[t]he dissent’s view is akin to saying that incurring a debt has legal consequences, but forgiving one does not.

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Court Litigation Litigating Attorney 40

The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. The ruling expanded the legal consensus on the discrimination protections available to some transgender people.

Court Rules 105

Court Rules Court Statute Legal 105

Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Borisov, Vitaly Nikolaevich.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. The article provides criteria to determine whether the close connection rule in Article 4(3) Regulation Rome II can lead to the application of the law governing the contract.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

APRIL 20, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Borisov, Vitaly Nikolaevich.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Borisov, Vitaly Nikolaevich.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 4, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. 166-172 (available here ) Brand, Ronald A. 2019-02, pp 1-35 Brand, Ronald A. 60 (2020) en línea, pp. 2021-23, pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

AUGUST 31, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Borisov, Vitaly Nikolaevich.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Brand, Ronald A. 2021-23, pp.

Drafting 52

Drafting Laws Litigation Litigating 52

SCOTUSBlog

JUNE 15, 2021

922(g) , the federal statute barring people with prior felony convictions from possessing firearms, the government must prove that the defendant knew he was a felon at the time he possessed a firearm. Common sense,” he continued, suggests that most people with felony convictions are aware of their legal status as convicted felons.

Court 87

Court Felony Government Misdemeanor 87

Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan. The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program.

Court 52

Court Education Constitutional Law Drafting 52

Conflict of Laws

SEPTEMBER 28, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Borisov, Vitaly Nikolaevich.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

FEBRUARY 15, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. 166-172 (available here ) Brand, Ronald A. 2019-02, pp 1-35 Brand, Ronald A. 60 (2020) en línea, pp. 2021-23, pp.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Borisov, Vitaly Nikolaevich.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

DECEMBER 7, 2021

Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. Beaumont, Paul. Beaumont, Paul R. Brand, Ronald A. Gu, Weixia. “A

Drafting 52

Drafting Laws Litigation Litigating 52

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

Contract 63

Contract Court Statute Court Decisions 63

Patently O

DECEMBER 11, 2023

This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. However, I have searched of case law and failed to find a reported decision involving and FDA-authorized pharmaceutical in which the court found contributory infringement but held that there was not induced infringement.

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Technology Litigation Litigating Construction 45