The Crime Report

APRIL 18, 2022

Initially, a state court in Austin found that the child abuse investigations did not conform with the law because they were not the product of actual legislative action, but rather a change in interpretation by state administrators. Texas appealed to a state appellate court, which also declined to remove the injunction. Only a Pause.

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Legal Legal Statute Attorney 132

Constitutional Law Reporter

OCTOBER 18, 2021

Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. While this matter was pending before the Sixth Circuit, the Secretary retained lawyers from the Kentucky Attorney General’s office to represent him.

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Attorney Constitutional Law Lawyer Lawyers 59

SCOTUSBlog

JANUARY 23, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. But the law caught the attention of a number of states and industry players, which have been fighting it in court ever since. The district court dismissed both claims.

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Sports Laws Court Statute 100

Constitutional Law Reporter

NOVEMBER 11, 2021

Supreme Court heard oral arguments in four cases last week. The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. Below is a brief summary of the issues before the Court: Cameron v.

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Attorney Constitutional Law Statute Court 59

SCOTUSBlog

SEPTEMBER 3, 2021

Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigation Litigating Court Attorney 88

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. Planned Parenthood of Indiana and Kentucky filed a complaint arguing that the law is unconstitutionally vague. However, Judge St.

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Statute Laws Court Misdemeanor 288

SquirePattonBoggs

SEPTEMBER 18, 2023

Although the Court did not rehear the case en banc, a majority of active judges weighed in on the interpretive issue by joining one of the three opinions the order generated. The central issue in Carpenter has percolated in the federal courts of appeals for a while. Before diving into the opinions, let’s set the stage. 3d 522 (6th Cir.

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Statute Court Laws Government 64

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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Tort Court Compensatory Damages Punitive Damages 34

The IP Law Blog

JANUARY 18, 2024

Well-known examples of trade secrets include the recipe for Coca-Cola, Google’s search algorithm, the recipe for Kentucky Fried Chicken, the WD-40 formula, the recipe for McDonald’s secret sauce, Hershey’s chocolate-making process, and Procter & Gamble’s consumer research methods. But there are exceptions and exclusions under patent law.

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Manufacturing Laws Statute Technology 113

The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. The courts are not for landless laborers. Photo by Karen Neoh via Flickr. Plea bargaining coincided with overt classism in the legal system. DC: The law exists to protect capital.

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Stare Decisis Lawyer Lawyers Legal 139

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. We wrote in more detail about these changes, here.

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Government Legal Legal Statute 59

SCOTUSBlog

JUNE 23, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering a whopping 191 petitions and applications at this week’s conference. The court of appeals denied the Moores’ petition for panel rehearing and rehearing en banc.

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Education Statute Court Government 104

SCOTUSBlog

MARCH 11, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. An Oregon-based timber company went to federal court in Oregon to challenge the monument’s expansion. The Oregon district court rejected the timber company’s challenge. But the D.C. On appeal, the U.S.

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Government Statute Court Laws 126

SCOTUSBlog

DECEMBER 10, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The state appeals court jettisoned the oral-communication violations, holding that there was no evidence of what Ethicon executives and sales representatives actually said when discussing pelvic mesh across the state.

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Manufacturing Statute Attorney Court 78

Diane Drain

APRIL 15, 2021

At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. Another is that it would turn any existing court judgment into a lien on a person’s home, automatically and retroactively. Morris Institute of Justice, in a commentary.

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Laws Small Business Attorney Finance 211

SCOTUSBlog

MARCH 16, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Justice Samuel Alito has spoken of the importance of safeguarding the free exercise of religion , and recently , free exercise questions have been a particular focus of the Supreme Court.

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Statute Small Business Court Attorney 109

SCOTUSBlog

JUNE 29, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court announced that it would hold its “mop up” conference for October Term 2022 on Thursday, after completing the day’s opinion announcements. A short explanation of relists is available here.

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Immigration Court Government Laws 79

SCOTUSBlog

JUNE 15, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering 117 petitions and applications at this week’s conference. The court will be looking most closely at Kincaid v. . A short explanation of relists is available here.

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Court Laws Statute Government 97

JonathanTurley

OCTOBER 30, 2022

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood. __.

Tort 36

Tort Litigation Litigating Manufacturing 36

JonathanTurley

OCTOBER 31, 2021

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood.

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Tort Litigation Litigating Manufacturing 37

SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. 20-56174, 2022 U.S. 6 (9th Cir.

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Statute Lawyer Lawyers Court 45

SCOTUSBlog

JUNE 8, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. On Monday, the Supreme Court granted review in Vidal v. Otherwise, all of last week’s cases are back for another week at the court. Courts of Appeals for the D.C. First, the “old business.”

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Court Government Statute Laws 65

SCOTUSBlog

JANUARY 29, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Last spring, Tennessee and Kentucky enacted laws that prevent children under the age of 18 from receiving gender-affirming care. The appeals court similarly rejected the due process challenge. Kentucky ex rel.

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Laws Court Government Healthcare 121

ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. Indeed, the Supreme Court established Fashion Originators’ Guild of America v. Texas, Kentucky, and others, most recently Oklahoma, have all released their own blacklists of financial companies prohibited from doing business with those states. FTC , 312 U.S.

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Finance Government Laws Legal 102

JonathanTurley

OCTOBER 30, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. See Pennsylvania General Assembly Statute §7102. Again, the court agreed.

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Tort Litigation Litigating Manufacturing 45

SCOTUSBlog

OCTOBER 12, 2021

In Cameron , the justices are considering whether the Kentucky attorney general can intervene to defend a state law restricting abortion after another state official declined to do so. Kentucky’s only abortion clinic went to federal district court in Kentucky, arguing that the law is unconstitutional, and both the district court and the U.S.

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Attorney Court Laws Statute 110

ClimateChange-ClimateLaw

NOVEMBER 23, 2022

The Supreme Court has held that in instances where state regulation “expressly references” ERISA, federal preemption should apply. 825 (1988), a Georgia statute “expressly referred” to an ERISA benefit plan. However, the Opinion also describes Kentucky’s fiduciary standards as “like ERISA.” In Mackey v. Lanier , 486 U.S.

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Laws Statute Government Attorney 55

ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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Court Statute Government Litigation 42

The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Kentucky HB148 2019. South Dakota.

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Felony Statute Laws Court Decisions 59

JonathanTurley

DECEMBER 28, 2021

The United States Court of Appeals for the Ninth Circuit has handed down a significant ruling on the exception to the First Amendment for criminal threats. The court reversed the decision of District Court Judge Charles Breyer, who rejected the charges against Howard Weiss who threatened Senate Minority Leader Mitch McConnell.

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Government Court Laws Criminal Law 41

SCOTUSBlog

FEBRUARY 16, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been a blissful, relist-free month since the court’s last conference. Palmer , which was overseen by a conventional one-judge district court, was decided first. Palmer would ordinarily go through the U.S.

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Court Laws Statute Court Decisions 93

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.

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Finance Litigation Litigating Laws 102

JURIST

MAY 6, 2024

A group of 12 Republican US senators sent a letter to International Criminal Court (ICC) Chief Prosecutor Karim Khan, threatening repercussions if the court issues arrest warrants against Israeli Prime Minister Benjamin Netanyahu and other officials, according a Monday report from news organization Zeteo.

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Statute Court Government 291