Mondaq

OCTOBER 6, 2021

Employers can find themselves defending claims from the same aggrieved worker in multiple legal proceedings as a result of a new Divisional Court decision.

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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. “It

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LawSites

JULY 27, 2022

“Give me solid precedent,” the judge is likely to say, “cases and statutes and respected authorities.” They describe their findings in a new paper released today, Trial by Internet: A Randomized Field Experiment on Wikipedia’s Influence on Judges’ Legal Reasoning. Influence on Decisions.

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The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., 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. citizens to pursue legal claims over human rights abuses at U.S. and violations outside the U.S.

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Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. The Fifth Circuit Court of Appeals agreed with the government’s assessment.

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Conflict of Laws

MAY 17, 2023

The United States legal system is immensely complex. There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. Do state courts enforce these clauses at the same rate as federal courts? This post first describes state court practice.

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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 District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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.

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SCOTUSBlog

APRIL 22, 2022

Davenport , the Supreme Court held on Thursday that a federal court cannot grant habeas relief to a convicted state prisoner whose constitutional rights were violated at trial unless that prisoner satisfies both the judicially-created Brecht v. The Supreme Court held in 2005 in Deck v. Share In Brown v. In Brecht v.

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SCOTUSBlog

SEPTEMBER 14, 2021

The book combines art and academic analysis into a refreshing and creative take on major Supreme Court cases — with an added dash of “Florida weirdness” to keep things interesting. Artist and lawyer Xavier Cortada has created 10 striking paintings, each depicting a significant Supreme Court case originating in Florida.

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Constitutional Law Reporter

MARCH 14, 2023

Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. Buckley sued in California state court and won, leaving the Bartenwerfers jointly responsible for more than $200,000 in damages.

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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. 2d 1112, 1115 (7th Cir.

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SCOTUSBlog

JANUARY 19, 2022

Last year, the Supreme Court trimmed the scope of that law, unanimously ruling that one of its reforms does not apply to certain low-level crack-cocaine offenders. Some courts look solely at the revised statutory penalties for crack cocaine to decide whether a new sentence is warranted. A divided panel of the U.S.

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SCOTUSBlog

DECEMBER 9, 2021

Share On Wednesday, the court heard oral argument in Shinn v. The argument was notable because a surprising group of justices appeared genuinely to struggle with the legal issue at the heart of the case – repeatedly calling it “rather odd,” “very odd,” “close,” and “really a tough case.” But a 2012 Supreme Court decision, Martinez v.

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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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. What they got instead was something less.

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Conflict of Laws

DECEMBER 21, 2023

Maarten Herbosch, Contracting with Artificial Intelligence – A Comparative Analysis of the Intent to Contract, 672–706, DOI: [link] Computer systems based on artificial intelligence (AI) are an increasing presence in everyday legal practice. They may even be used to form contracts on behalf of their users.

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Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. See our summary of the NY decision here ). The Utah Court issued an injunction preventing Aereo from operating in Utah until the issue is decided by the Supreme Court. . (See See our summary of the NY decision here ).

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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. Tekoh presents the court with that question. Share Miranda v.

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Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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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.

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FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. It did that by focusing on the text of the 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. This post is not expressing a legal opinion on Ithaca’s code.)

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Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. Although most international civil courts offer some access to discovery, no other country has as extensive or powerful of a process. by Dennis Crouch. But, the U.S.

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Patently O

AUGUST 18, 2022

In a strategic decision Ingenio did not seek remand for full institution to try to also catch the one remaining claim 27. On remand, the district court judge (Yeakel, W.D.Tex.) The district court clearly erred in its decision by analyzing the argument as only raising issue preclusion.

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JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. The US District Court for the Southern District of Indiana agreed and issued a preliminary injunction against enforcement of the law.

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Conflict of Laws

JANUARY 24, 2022

All these legislative texts are based on older laws, since Guatemala has a rich legal tradition on this subject. Given the potential risks involved, it seems highly relevant from a legal, academic, and political point of view to discuss and model this quite complex but so far barely studied issue. courts for use in foreign proceedings.

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SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. A federal district court in D.C. Confederated Tribes of the Chehalis Reservation.

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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.

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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. If the debtor fails to modify his plan, the bankruptcy court (on its own motion), the U.S. PPP loans to debtors (or trustees).

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Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. What has not been addressed are the potential legal issues that this "third party" money may pose for broadcasters during the course of political campaigns. In fact, the Communications Act forbids a station from censoring a candidate ad.

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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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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. The appellate mechanism conducted by state courts; 2. Appealing mechanism before the court. For instance, Article 26.8

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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. 11 of August 2000 (available here ), pp 19-128 II. 2019-02, pp 1-35 Brand, Ronald A.

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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.

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HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G. ” David G. .”

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SCOTUSBlog

JUNE 15, 2021

Share Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v.

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