SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. District Court against Germany and SPK (collectively Germany). The District Court denied Germany’s motion to dismiss, and the D.C.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.

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Attorney at Work

AUGUST 25, 2021

Here’s good news: There are now a variety of cutting-edge cloud-based tools available for litigators, ranging from software designed to streamline the pre-trial process to mobile apps created for use in the courtroom. This is because deadlines are an inescapable part of your practice if you’re a litigator.

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SCOTUSBlog

APRIL 29, 2024

Monday’s grants involve (among others) the interpretation of federal racketeering laws and the “benefit of the doubt” rule for veterans. The district court ruled for Medical Marijuana and the other companies on Horn’s RICO claim. Court of Appeals for the 2nd Circuit, which reinstated his RICO claim.

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LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We

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Conflict of Laws

FEBRUARY 22, 2024

Supreme Court handed down its decision in Great Lakes Insurance SE v. In a unanimous opinion authored by Justice Kavanaugh, the Court concluded that the answer to this question was no. It further held that while there are narrow exceptions to this rule, state public policy is not one of them. On February 21, 2024, the U.S.

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Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court.

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SCOTUSBlog

OCTOBER 10, 2022

The question before the court is a procedural one, focusing on the deadline for Reed to file a federal civil rights claim challenging the constitutionality of the Texas law governing DNA testing. In 2009, the Supreme Court ruled in District Attorney’s Office v. Reed has consistently maintained that he is innocent.

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SCOTUSBlog

NOVEMBER 20, 2023

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The court designated six cases as bellwether cases. And in Erlinger v. du Pont de Nemours v.

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SCOTUSBlog

MAY 23, 2022

Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims. Failure to do so “procedurally defaults” the claim, and a federal court cannot review it.

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MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. LawToolBox is the most comprehensive rules-based calendaring solution in the legal industry. MyCase is thrilled to announce a new integration with LawToolBox.

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SCOTUSBlog

JANUARY 18, 2021

The Supreme Court will hear oral argument on Tuesday in a lawsuit brought by the city of Baltimore against companies that produce fossil fuels, seeking to hold them responsible for their role in global warming. The case now before the Supreme Court, BP PLC v. Court of Appeals for the 4th Circuit. Background.

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Patently O

MAY 3, 2021

20-1396 (Supreme Court 2021). Rather than reaching the merits, the district court dismissed the case on procedural grounds. The district court ruled that Tormasi lacked the capacity to sue and the Federal Circuit then affirmed. New Jersey has a statute on point: “Every person who has reached the age of majority.

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SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

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SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. One involves “a statute [that] says in so many words that it is stripping immunity from a sovereign entity.”

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SCOTUSBlog

NOVEMBER 4, 2022

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The ALJ imposed a substantial monetary penalty and barred her from practice before the SEC, but the decision was vacated after the Supreme Court ruled in Lucia v.

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MyCase

MAY 9, 2022

If you’re a litigator, your practice revolves around court deadlines. From criminal cases and personal injury matters to commercial litigation and class action lawsuits, there are many different deadlines to keep track of and conform to. . What is Rules-Based Legal Docketing Software?

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SCOTUSBlog

DECEMBER 9, 2021

Share On Wednesday, the court heard oral argument in Shinn v. As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? The question raised in Shinn v.

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Day on Torts

OCTOBER 31, 2022

The libel defendants filed motions to dismiss pursuant to the TPPA, which the trial court granted on December 10, 2020. 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. Beavers , 639 S.W.3d 3d 651 (Tenn.

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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. The district court and U.S.

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Patently O

MARCH 15, 2023

Apple brought an action against the USPTO Director Vidal in district court under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701– 706, challenging the Director’s instructions to the Board regarding exercise of discretion in IPR institution decisions. The district court ruled that 35 U.S.C. § 35 U.S.C. § Fintiv, Inc.

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Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

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Fordham Law News

OCTOBER 12, 2023

1] The implication of this question is one of the main issues being presented in the pending Supreme Court case, Moore v. 14] The court in Moore stated that it was constitutional to tax this unrealized income [15] , but others are concerned with what that means for taxpayers around the country. United States. [2] 2] In Moore v.

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Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 which dealt with service outside Australia.

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SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Hologic Inc. Hologic Inc.

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Day on Torts

MARCH 11, 2022

The trial court ultimately ruled that the brother was incompetent and lacked capacity to sign the power of attorney for health care, that the power of attorney for health care was therefore invalid, and that the arbitration agreement was accordingly unenforceable. In Welch v. National Health Corp. , 3d 876 (Tenn. Code Ann. §

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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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SCOTUSBlog

MARCH 17, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, at what stage of litigation the ministerial exception should come into play. Both a federal district court and the U.S.

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Conflict of Laws

FEBRUARY 15, 2023

There has recently been a new and disappointing development in the saga of the Sánchez-Hill, a Spanish-Cuban-US family who filed a lawsuit before Spanish courts against a Spanish Hotel company (Meliá Hotels) for unjust enrichment. The Court of Appeal of Mallorca disagreed with the lower court.

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Day on Torts

APRIL 1, 2022

Because the trial court considered this deposition of the NP filed by defendant, the motion should have been considered a motion for summary judgment.) The trial court found that plaintiff had complied with the HCLA, ruling that Exhibit 7 “satisfied the requirements[.]” The Court of Appeals, however, disagreed.

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Fordham Law News

APRIL 21, 2022

6] The law was struck down partially by the United States Supreme Court, which held that the “scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause.” [7] What follows is a recitation of the current split in the trial courts.

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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. By Karin F.R.

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Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

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Broadcast Law Blog

SEPTEMBER 25, 2014

To the surprise of many (including this author) the Court concluded that there is in fact a public performance right in pre-1972 sound recordings under California state law, and went on to conclude that Sirius XM violated its obligations under the law to pay for the use of music.

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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

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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