JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. Justice Amy Coney Barrett, writing for the majority, criticized the lower court ruling , which called the law “overbroad,” saying: Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts.

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Immigration Court Rules Laws Court 210

JURIST

APRIL 25, 2022

The US Supreme Court Monday granted certiorari to two cases, Reed v. Norfolk Southern Railway Company , which focus on statute of limitations and personal jurisdiction issues. In Reed , petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C.

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Statute Court Court Rules Criminal Law 196

JURIST

MAY 25, 2023

The US Supreme Court ruled Thursday that the government cannot keep the profits of properties sold to pay off tax debts. The court reached this decision in the case of Tyler v. In 2015, Hennepin County seized the property, as permitted under Minnesota Statute §§281.18 , 282.07 , and sold it for $40,000.

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Court Rules Government Court Statute 211

JURIST

JUNE 26, 2022

The US Supreme Court Friday released its opinion in Becerra v. The court held that “calculating the Medicare fraction, individuals ‘entitled to [Medicare Part A] benefits’ are all those qualifying for the program, regardless of whether they receive Medicare payments for part or all of a hospital stay.”

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Court Rules Court Statute 191

JURIST

JUNE 22, 2022

A Delaware Superior Court Judge Tuesday ruled Fox Corp. Davis ruled that Delaware’s two-year statute of limitations applies and not New York’s one-year statute of limitations. ” The post Delaware court rules Fox Corp. ” The post Delaware court rules Fox Corp.

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Court Rules Court Statute 187

JURIST

JUNE 7, 2023

The US Court of Appeals for the Third Circuit ruled on Tuesday that the Second Amendment of the Constitution protects non-violent offenders from federal firearm bans. The case resulted from Bryan Range’s appeal from the US District Court for the Eastern District of Pennsylvania. Hardiman authored the opinion of the court.

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Court Rules Court Statute Government 197

JURIST

JUNE 13, 2022

The US Supreme Court Monday ruled in two separate cases that undocumented immigrants who are detained for more than six months are not entitled to a bond hearing. The Supreme Court reversed the Third Circuit’s decision. The Supreme Court reversed the Third Circuit’s decision.

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Immigration Court Rules Court Statute 197

JURIST

APRIL 5, 2021

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. The court rejected the plaintiffs’ argument that the removal of the statues would violate a 1997 state law prohibiting localities from removing Confederate war memorials.

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Court Rules Court Statute Court Decisions 212

JURIST

MAY 25, 2021

The US Supreme Court ruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies. The case, US v.

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Court Rules Court Immigration Felony 196

JURIST

JUNE 15, 2022

The US Supreme Court ruled unanimously Wednesday that the Department of Health and Human Services (HHS) may not cut Medicare drug reimbursement for a specific group of hospitals without a survey of hospitals’ pharmaceutical acquisition costs. Justice Brett Kavanaugh delivered the opinion of the court, reversing the DC circuit.

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Court Rules Court Manufacturing Statute 195

JURIST

FEBRUARY 22, 2023

The US Supreme Court Wednesday issued a 6-3 opinion ruling that Michael Hewitt, an oil rig employee making over $200,000 annually, qualified for overtime under the Fair Labor Standards Act (FSLA). The court held that Hewitt, a daily-rate employee, was not an executive exempt from the FSLA’s overtime pay guarantee.

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Court Rules Court Statute Laws 197

JURIST

JUNE 15, 2023

The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. The court issued three findings in its Thursday decision. The court issued three findings in its Thursday decision.

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Court Rules Court Family Law Statute 118

JURIST

APRIL 9, 2024

Arizona’s Supreme Court found on Tuesday that a 159-year-old law banning abortion is enforceable following the US Supreme Court’s 2022 decision to overturn abortion rights case Roe v Wade, sending a 52-year-old case back to trial court. The 2022 ruling Dobbs v. The case, Planned Parenthood v.

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Laws Court Statute Criminal Law 249

JURIST

MARCH 5, 2021

The US Supreme Court ruled 5-3 Thursday that undocumented immigrants bear the burden of showing that they have not been convicted of a crime involving “moral turpitude,” or they will face lawful removal. Clemente Pereida, is being deported under the Immigration and Nationality Act (INA) of 1952.

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Immigration Court Rules Court Statute 162

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The court found for the government, therefore, Polansky filed for a writ of certiorari to the Supreme Court.

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Court Rules Court Government Statute 104

JURIST

JUNE 1, 2021

The US Supreme Court ruled unanimously Tuesday that tribal police officers have the authority to detain and search non-Indigenous persons on federal highways within their territories. This evidence was eventually used to convict Cooley of drug-related offenses in federal court but was subsequently suppressed. United States v.

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Court Rules Court Statute Government 223

JURIST

OCTOBER 16, 2023

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. The challenged statute, N.C. The court stated that the law substantially “burden[ed] newsgathering and publishing activities.”

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Compensatory Damages Statute Court Tort 230

JURIST

MARCH 14, 2023

The US Court of Appeals for the Federal Circuit Monday found that Apple can proceed with a lawsuit against the US Patent and Trademark Office (PTO) to challenge a set of instructions given by the PTO Director to the Patent Trial and Appeal Board about patentability reviews. In the opinion written by Judge Richard G.

Court Rules 118

Court Rules Court Statute 118

JURIST

APRIL 16, 2021

The Wisconsin Supreme Court ruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. ” Moreover, DHS argued that the order was not a rule under the court’s Palm analysis. Wisconsin Stat.

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Court Rules Court Statute Government 164

JURIST

DECEMBER 30, 2022

The Ohio Supreme Court Thursday ruled that Ohio courts do not have to defer to a state agency’s interpretation of an ambiguous law. The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute.

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Court Rules Court Laws Statute 104

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 Supreme Court on Wednesday also issued a one-sentence opinion in Republic of Hungary v.

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Court Rules Court Statute Laws 194

JURIST

OCTOBER 22, 2023

The US Supreme Court declined on Friday to block a district court ruling that a Missouri law that attempts to invalidate federal firearm law within the state is unconstitutional. Missouri applied to Justice Brett Kavanaugh to stay the lower court ruling. At the district court level, US District Judge Brian C.

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Laws Court Court Rules Statute 234

Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government.

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Court Rules Court Cause of Action Statute 52

JURIST

OCTOBER 7, 2021

The Supreme Court of India ruled Thursday that the National Green Tribunal (NGT) can take suo moto actions, or act without a formal request, based on letters, representations and media reports. Thus, the court concluded that NGT must be seen as a “sui generis institution”; to hold otherwise would defeat the purpose of creating the NGT.

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Court Rules Court Government Statute 104

JURIST

JUNE 26, 2021

Supreme Court held in a 6-3 ruling on Friday that small oil refineries that received an exemption from the Renewable Fuel Program (RFP) could continue to receive extensions of that exemption even if they had a lapse in the exemption the previous year.

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Court Rules Statute Court Legal 129

SCOTUSBlog

JUNE 22, 2023

Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. Court of Appeals for the 9th Circuit. The decision came down to how the court framed the Nation’s claims.

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Court Rules Court Government Litigation 144

SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. In Thursday’s ruling in Cummings v. Justice Stephen Breyer dissented, joined by Justices Sonia Sotomayor and Elena Kagan.

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Court Rules Court Contract Statute 98

JURIST

FEBRUARY 23, 2024

A New York appeals court ruled that a New York City law granting non-citizens the power to vote was unconstitutional. It was estimated that the law would allow more than 800,000 non-citizens the ability to vote in New York City local elections, prior to the court’s Wednesday ruling. The municipal legislation, Int.

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Laws Court Statute Court Rules 267

JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

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Court Statute Laws Healthcare 208

JURIST

JULY 26, 2022

The US Court of Appeals for the Second Circuit Monday rejected an appeal from Pfizer Inc. The Inspector General said that the program would violate the federal Anti-Kickback Statute (AKS), a law meant to prevent fraud and abuse in connection with Medicare and Medicaid.

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Court Rules Laws Court Healthcare 104

SCOTUSBlog

JUNE 13, 2022

Share In a pair of cases on Monday, the Supreme Court ruled against non-U.S. Pursuant to the post-removal order statute, 8 U.S.C. It raised the question of whether class members facing prolonged detention under the post-removal order statute were entitled to bond hearings. The first case, Johnson v.

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Immigration Court Rules Statute Court 98

JURIST

APRIL 22, 2022

The US Supreme Court Thursday ruled in Boechler v. Commissioner of Internal Revenue that the 30-day time limit for taxpayers to seek review from the Tax Court of “collection due process” determinations is a nonjurisdictional deadline that can be equitably tolled. Reagan National Advertising , United States v.

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Court Rules Court Statute Law Firm 104

JURIST

DECEMBER 11, 2020

The US Supreme Court ruled Thursday in United States v. Because this Court held in Coker v. Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes.

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Court Rules Court Statute Laws 128

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 case, Santos-Zacaria v.

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Court Rules Court Immigration Litigation 106

JURIST

JUNE 21, 2021

The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. Many courts have addressed the issue of taking blood samples from drivers without consent, including Texas and Nevada.

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Statute Court Laws Court Rules 197

Day on Torts

DECEMBER 22, 2023

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The trial court ruled that the two-year extension did not apply here because the code violation was civil in nature rather than criminal, and it therefore granted summary judgment to defendant.

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Statute Court Rules Court 52

SCOTUSBlog

APRIL 20, 2023

Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order authorizing a sale of the bankrupt’s assets. Now we get to the issue before the court.

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Court Rules Court Statute Litigation 83