JURIST

DECEMBER 21, 2020

Hong Kong’s Court of Final Appeals ruled on Monday that the government-mandated mask ban, instituted in October 5, 2019, is constitutional. During the anti-government protests , which have largely died down, many demonstrators wore masks to hide their identities from authorities and to protect themselves from tear gas.

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JURIST

FEBRUARY 4, 2021

In a unanimous decision on Wednesday, the US Supreme Court ruled that the heirs of Jewish art dealers cannot bring a lawsuit in US courts against Germany over the alleged forced sale of art and artifacts under the Nazi regime. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.

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JURIST

AUGUST 3, 2023

The court ruled that the law was valid under rational basis review. Under rational basis review, a court will uphold a law as constitutional if the government has a legitimate interest in enacting the statute and the law is rationally related to that interest. Circuit Judge Kenneth K.

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SCOTUSBlog

MAY 16, 2023

Share In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The court’s conclusion is not entirely surprising.

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SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., Twyford disagrees.

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JURIST

JUNE 7, 2021

The US Supreme Court ruled unanimously on Monday on an immigrant status case regarding noncitizens seeking to change their immigration status from temporary protected status (TPS) to lawful permanent residency.

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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.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime.

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SCOTUSBlog

DECEMBER 17, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the prosecution in a case of illegal gun possession by a person with a nonimmigrant visa must prove he knew of his legal status, and the inquiry courts should follow in deciding to close the courtroom to the public.

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SCOTUSBlog

APRIL 25, 2022

Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision. It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. The case, Boechler v. Department of Veterans Affairs.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. In Lindke v.

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SCOTUSBlog

DECEMBER 2, 2021

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Cummings’ lawyer, Andrew Rozynski, and Colleen Sinzdak, arguing for the U.S.

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SCOTUSBlog

JUNE 10, 2021

pleaded guilty to a felon-in-possession charge, and the government sought the sentencing enhancement under ACCA. Borden argued that the enhancement did not apply because one of the three prior offenses that the government relied on was a conviction under Tennessee law for reckless aggravated assault. Charles Borden Jr.

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SCOTUSBlog

DECEMBER 10, 2020

At argument, the justices principally appeared frustrated by the statute, if for different reasons. Argument was divided with the federal government, which filed in support of the company. Thomas and Justice Neil Gorsuch each asked about alternate ways to interpret the statute beyond the two options presented by the parties.

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SCOTUSBlog

DECEMBER 9, 2022

Three years ago, the court agreed to take up this question in another case, United States v. Instead, a unanimous court ruled that the U.S. Court of Appeals for the 9th Circuit had improperly injected the issue into the case. Sineneng-Smith , but it did not resolve it. citizens through adoption.

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Day on Torts

FEBRUARY 14, 2022

government, and it subcontracted some of these services to another company. The arbitration was eventually settled for $7 million, and plaintiff incurred $900,000 in legal fees. Based on the circumstances of this case and the application of the relevant statute, however, the Court of Appeals disagreed. Code Ann. §

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Day on Torts

OCTOBER 31, 2022

The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” citing Tenn. Code Ann. § 20-17-106).

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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.

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SCOTUSBlog

NOVEMBER 2, 2022

In its petition , Abitron argues that the approach of the 10th Circuit conflicts from those of other circuits, which apply a total of six different tests for “deciding whether the Lanham Act governs a defendant’s foreign conduct.”. In April, the court called for the views of the solicitor general , and her brief arrived in latish September.

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.

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Day on Torts

MARCH 11, 2022

Plaintiff also testified that he printed the power of attorney form online, and that anytime he presented the document, he stated that he was not sure of its legality. The Court explained that it was “not free to disregard the discussion in Owens directly addressing the issue before [it].” National Health Corp. , 3d 876 (Tenn.

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JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

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Conflict of Laws

FEBRUARY 15, 2023

Meliá then filed a motion arguing that the claim was an attempt to eschew the EU Blocking Statute meant to prevent the effectiveness of US court rulings against EU companies, under the Helms-Burton Act of 1996. The CJEU may have taken years to issue such a ruling but the Spanish First Instance Court denied the motion.

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SCOTUSBlog

JULY 15, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, whether hedonic damages are consistent with the federal statute permitting lawsuits against state officials for civil rights violations. million of which were awarded here) are more than sufficient to redress harm.

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Day on Torts

OCTOBER 3, 2022

This ruling was affirmed in part and reversed in part on appeal. The trial court ruled that defendant’s statements constituted a matter of public concern because they related to a good in the marketplace, but the Court of Appeals found that the TPPA applied based on different reasoning. The TPPA, Tenn. Code Ann. §

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Day on Torts

AUGUST 9, 2021

The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. Code Ann. § 47-3-118(g). “In

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Trademark & Copyright Law

MAY 8, 2020

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. referring us back to its very first copyright case and revisiting the government edicts doctrine for the first time in more than a century. The Court, applying logic from Wheaton v. Public.Resource.Org, Inc., The Background.

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Day on Torts

AUGUST 2, 2021

Multiple other calls were made between 911, various government agencies, and the electric company, although the director of the Emergency Management Agency did not arrive on the scene until 3:07 a.m. The Court of Appeals, however, disagreed. At 1:46 a.m., internal citation). internal citations omitted).

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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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SCOTUSBlog

OCTOBER 22, 2021

Before trial, the district court rejected Struve’s argument that the officers had violated the Fourth Amendment in pulling him over without reasonable suspicion because they could not tell whether he was texting or using his cellphone legally. In his petition, Vega argues that the U.S. Lamoureux v.

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JonathanTurley

APRIL 21, 2021

The incident has strikingly similar legal issues to the shooting of Adam Toledo in Chicago. Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. Garner , 471 U.S. In Graham v.

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SAV Paralegal Services

OCTOBER 11, 2021

Fortunately, not all of these clauses are legal and binding and employees that have their termination entitlement contractually limited may actually be entitled to far more. Fortunately, any term that is found in contravention of Canadian statutes and laws is found unenforceable and nullified. Swegon North America Inc.,

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Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5]. Summary of Facts.

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SCOTUSBlog

MARCH 30, 2022

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Goertz , 21-442.

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Conflict of Laws

OCTOBER 28, 2022

In the meantime, the regulation has become one of the most important legal instruments for judicial cooperation in civil matters. The following article presents the German implementing rules for this recast. The regulation has recently been revised for the second time. 18 European Insolvency Regulation [EIR], Art. A look at Art.

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Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Thus, a court may only stretch its jurisdictional arm outside its territory in certain limited circumstances. [12]

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