Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

Court Rules 52

Court Rules Court Cause of Action Statute 52

SCOTUSBlog

JANUARY 10, 2022

government deported him to Mexico. The government reinstated his prior removal order. While the Supreme Court has never set a bright-line test on when a detainee is entitled to a bond hearing, the U.S. The Supreme Court will now review those decisions. After one such entry, the U.S. In Zadvydas v.

Immigration 135

Immigration Statute Government Court 135

SCOTUSBlog

APRIL 20, 2023

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.

Court 90

Court Statute Cause of Action Government 90

Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

Court 59

Court Statute Government Calendaring 59

The Crime Report

JUNE 29, 2021

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances.

Tort 75

Tort Court Statute Court Decisions 75

Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. The Government claims that the easement includes public access, which petitioners dispute.

Government 52

Government Statute Entertainment Constitutional Law 52

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

Statute 106

Statute Legal Legal Court 106

Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v.

Government 59

Government Statute Court Legal 59

FDA Law Blog

JUNE 7, 2023

The court handed down its decision in cases colloquially referred to as SuperValu, which readers may recall from our coverage of another, related circuit court decision and the Supreme Court oral arguments. In this case, the Supreme Court provided greater clarity on how to interpret that requirement.

Court 40

Court Statute Government Court Rules 40

SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

Immigration 81

Immigration Statute Government Tort 81

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.

Tort 81

Tort Statute Government Court Decisions 81

FDA Law Blog

NOVEMBER 30, 2022

Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C In addition, Grifols’s eligibility for government contracts is conditioned on FDA approval of Gamunex and FDA approval is conditioned on compliance with GMPs.

Manufacturing 72

Manufacturing Healthcare Contract Government 72

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.

Immigration 90

Immigration Court Statute Law Firm 90

ClimateChange-ClimateLaw

APRIL 18, 2023

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. While a handful of local prohibitions fall within the Ninth Circuit decision’s scope, many more do not. Options that remain available to local governments are addressed in the next section.

Construction 111

Construction Government Legal Legal 111

SCOTUSBlog

FEBRUARY 21, 2022

Some background about the general compromise that governs that problem sets the stage for this dispute. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. The success of that facility led to proliferation of the business model.

Statute 117

Statute Government Court Decisions Laws 117

SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

Court 95

Court Statute Government Laws 95

SCOTUSBlog

JUNE 29, 2022

Bruen is a happy ending to a cautionary tale about what happens when constitutional rights are left to government discretion. The Bill of Rights — including the Second Amendment — was designed to ensure that certain rights were placed beyond the reach of the federal government. Again, according to the government, they were not.

Government 124

Government Court Laws Statute 124

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.

Government 122

Government Contract Statute Education 122

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

Contract 87

Contract Laws Statute Litigation 87

FDA Law Blog

JANUARY 11, 2024

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. This all sounds complicated, I know.

Litigation 59

Litigation Litigating Statute Manufacturing 59

Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Although the notice letter is a critical aspect of the Hatch-Waxman process, the Federal Circuit found that the letter was not an “act of infringement” as required by the venue statute.

Statute 94

Statute Manufacturing Court Decisions Court 94

Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. . §5110(a)(1), the VA assigned an effective date of June 3, 2011—the day that the agency received his claim—to Arellano’s disability award.

Statute 52

Statute Diligence Court Constitutional Law 52

Hoban Law Group

APRIL 13, 2021

The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list.

Drafting 105

Drafting Statute Government Court Decisions 105

The Crime Report

SEPTEMBER 2, 2022

The Furman decision was both a remarkable achievement for the NAACP lawyers and a disappointment for those seeking to abolish capital punishment in this country. It was remarkable because, for the first time in American history, the court insisted that if the U.S. Austin Sarat.

Statute 105

Statute Lawyer Lawyers Court 105

SCOTUSBlog

JANUARY 19, 2022

Second, he argued that he no longer qualifies as a career offender, because one of his state convictions has been vacated and others no longer count as “crimes of violence” after a 2015 Supreme Court decision. In the abstract, the federal government largely agrees with Concepcion’s fallback position.

Laws 93

Laws Court Government Statute 93

Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. In Delaware v. Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. It was Justice Ketanji Brown Jackson’s first opinion.

Constitutional Law 59

Constitutional Law Court Statute Government 59

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. Returning Relists.

Statute 105

Statute Stare Decisis Court Manufacturing 105

At the Lectern

NOVEMBER 2, 2021

“Indian school” in the school district where Piper lived and, based on the statute, the district banned her from its public school because she was “a person of Indian blood.” The Supreme Court rejected the district’s position. Big Pine School Dist. 1924) 193 Cal. 664, 667.). Big Pine School Dist.

Laws 72

Laws Law School Education Statute 72

FDA Law Blog

APRIL 19, 2021

FDA , the Court of Appeals ruled that FDA cannot regulate a medical product – in this case, the radiographic contrast agent barium sulfate – as a drug when the product meets the definition of a device. The decision has wide-ranging implications for FDA’s assertion of discretion in classifying and regulating medical products.

Court 40

Court Manufacturing Statute Technology 40

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The Government maintained that §1028A(a)(1) was automatically satisfied because Dubin’s fraudulent Medicaid billing included the patient’s Medicaid reimbursement number—a “means of identification.” In Durbin v.

Statute 52

Statute Healthcare Court Constitutional Law 52

Broadcast Law Blog

APRIL 25, 2013

Let’s explore this decision and its ramifications in a little more depth. As we have written before , an Internet service that allows users to post content to that service is exempt from any liability for that content under two statutes.

Court Decisions 40

Court Decisions Court Statute Technology 40

Patently O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. Because of that heavy threshold, a CVSG is typically seen as an important signal that the court is likely to grant certiorari. Qualcomm Incorporated , No. 35 U.S.C. §

Laws 95

Laws Court Litigation Litigating 95

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.

Court 122

Court Constitutional Law Lawyer Lawyers 122

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 102

Court Government Lawyer Lawyers 102

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. According to a blog by David Warfield and David Farrell, Thompson Coburn, LLP, there are nine amendments to the Bankruptcy Code in the CAA.

Small Business 104

Small Business Contract Statute Government 104

At the Lectern

NOVEMBER 24, 2021

The Courts of Appeal will also be evaluating SB 775 in three other cases, where the Supreme Court yesterday granted review, vacated the appellate court decisions, and transferred for reconsideration in light of the new legislation. Lopez case. (See See here.). See here , here , here , and here.).

Personal Injury 49

Personal Injury Court Felony Government 49