HowAppealing

NOVEMBER 27, 2023

“Parsing Invalidating Statutes (Part I)”: John F. ” Therein, he writes, “There are hundreds of state statutes that direct state courts not to give effect to choice-of-law and forum selection clauses.” Coyle has this post at the “Transnational Litigation Blog.”

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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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JURIST

APRIL 25, 2024

A federal judge in North Carolina found on Tuesday that the state’s 147-year-old voting law is unconstitutional. US District Judge Loretta Biggs found that a state law, which prevents convicted felons from casting a vote, violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment of the US Constitution.

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JURIST

FEBRUARY 3, 2023

The Supreme Court of Illinois Thursday ruled that individuals have a five-year period to launch a claim under the Biometric Information Privacy Act. This ruling reverses an appellate court decision that allowed for only a one-year period on claims relating to unlawful handling of people’s data under the act. Black Horse Inc.

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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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JURIST

NOVEMBER 17, 2023

The US Supreme Court, in a split decision, issued a brief statement on Thursday refusing to reinstate a Florida law that targets drag shows. A lower court order previously prohibited the law from coming into effect. ” Anyone found to be in violation fo the law would be charged with a misdemeanor.

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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

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. 1324(a)(1)(A)(iv) , a federal law that criminalizes the encouragement of illegal immigration, does not violate the First Amendment of the US Constitution. ” The US government filed a petition for a writ of certiorari to the Supreme Court in 2022. Hansen that 8 U.S.C.

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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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SCOTUSBlog

JUNE 9, 2023

Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence.

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JURIST

AUGUST 3, 2023

The US Court of Appeals for the Ninth Circuit vacated a preliminary injunction that enjoined the enforcement of a Guam law requiring in-person consultations before obtaining an abortion. The case is an appeal from the US District Court for the District of Guam. The court ruled that the law was valid under rational basis review.

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JURIST

AUGUST 6, 2023

The US Court of Appeals for the Second Circuit affirmed in part a dismissal of a challenge to Public Act 21-6 , Connecticut’s repeal of religious exemptions from state immunization requirements for “schoolchildren, college and university students, and childcare participants.” Circuit Judge Joseph F.

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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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JURIST

JUNE 22, 2023

The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” M árquez authored the opinion of the court. ” Justice Monica M.

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HowAppealing

DECEMBER 9, 2022

“Texas Doctor Who Violated Abortion Law Wins Dismissal of Suit; Suit was filed under law allowing private policing of statute; San Antonio doctor wrote op-ed detailing his violation of law”: Madlin Mekelburg of Bloomberg News has this report. Supreme Court overturned Roe v.

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JURIST

JANUARY 29, 2022

The Commonwealth Court of Pennsylvania Friday declared unconstitutional Pennsylvania’s “no-excuse mail-in voting law,” which permits voters to cast their ballots by mail without providing an excuse for their absence. ” In its decision, the court stated: Approximately 1.38

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Conflict of Laws

NOVEMBER 13, 2023

Two years ago, the Uniform Law Conference of Canada (ULCC) released a revised version of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. The statute is available here. The core features of the ECJA are unchanged.

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HowAppealing

AUGUST 10, 2021

“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”: William Morris of The Des Moines Register has this report. Court of Appeals for the Eighth Circuit at this link.

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Eighth Circuit ruled Monday that Missouri is not barred from enforcing a state law that criminalizes misleading advertisements of vegan food products as containing meat. The companies alleged that the statute violated their First Amendment and due process rights, as well as the Dormant Commerce Clause.

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HowAppealing

JUNE 1, 2022

“The Supreme Court Leakers Can Be Prosecuted; If it turns out to be a law clerk, there are federal statutes under which criminal charges can be brought”: Markus Funk and U.S. District Judge Virginia M. Kendall ( N.D. have this essay online at The Wall Street Journal.

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The Crime Report

FEBRUARY 27, 2023

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

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JURIST

JUNE 20, 2021

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The case which the Supreme Court decided was Nestlé USA, Inc. Doe I, consolidated with Cargill, Inc.

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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. An individual who is unconscious or otherwise unable to withdraw consent was presumed not to have withdrawn consent under the law.

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HowAppealing

SEPTEMBER 2, 2021

“Texas’s Abortion Law Blunder: The Supreme Court was right not to interfere for now, but the statute won’t survive scrutiny on the merits.” ” This editorial will appear in Friday’s edition of The Wall Street Journal.

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SCOTUSBlog

OCTOBER 11, 2022

Share The Supreme Court on Tuesday heard the case of a Texas death-row inmate seeking DNA testing for evidence that he believes will clear him. A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late.

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HowAppealing

DECEMBER 5, 2021

“The Cell Phone Donut Hole in the Tracking Device Statute”: Retired U.S. has this article in the Federal Courts Law Review. Magistrate Judge Steven Wm. Smith (S.D.

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JURIST

MARCH 24, 2023

The US Court of Appeals for the Second Circuit Thursday upheld the funding of the Consumer Financial Protection Bureau (CFPB) as constitutional. The court found the CFPB is funded by Title X of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. The court again rejected the argument.

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JURIST

APRIL 30, 2021

The US Court of Appeals for the Sixth Circuit concluded Thursday that Kentucky may enforce price gouging laws against sellers on Amazon, overturning a district court preliminary injunction. ” Additionally, a second relevant statute in this case prohibits misleading trade conduct. .

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JURIST

FEBRUARY 22, 2023

The US Supreme Court Wednesday ruled in a slip opinion that a Chapter 7 bankruptcy debtor cannot discharge a debt that resulted from her partner’s fraudulent activity under 11 U.S.C. § The statute at issue bars debtors from discharging debts “for money…obtained by…fraud.” 523(a)(7)(A).

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Court Rules Court Statute Laws 223

JURIST

FEBRUARY 3, 2023

A US Circuit Court Thursday declared the law preventing those subject to a domestic violence restraining order from owning a gun, unconstitutional. Rahimi , the US Appeals Court for the Fifth Circuit found that the law was an unconstitutional restraint on Americans’ Second Amendment rights to own a firearm.

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Laws Court Statute 197

SCOTUSBlog

JUNE 3, 2021

Share The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. The post Justices narrow federal computer-fraud statute appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

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Diane Drain

JANUARY 20, 2022

Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes. Final edits of HB2617 – easier to read Along with that increase there were other significant changes to the Arizona Homestead law. During a bankruptcy case, the Debtor can ask the Court to remove the judgment lien. Bankruptcy after COVID-19.

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SCOTUSBlog

NOVEMBER 16, 2023

Share A divided Supreme Court on Thursday denied Florida’s request to allow it to temporarily enforce a law that makes it a misdemeanor to allow children at drag performances. The brief unsigned order means that the state cannot apply the law anywhere in the state while a Florida restaurant’s challenge to the law continues.

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JURIST

FEBRUARY 26, 2023

Pitman outlined that while Paxton has authority to enforce the Texas abortion law under under H.B Furthermore, Pitman found that the pre- Roe laws are subject to implied repeal and therefore he granted the motion to prevent the eight named prosecutors from enforcing pre- Roe laws. Thus, Paxton was dismissed from this suit.

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HowAppealing

JULY 16, 2021

“New Texas Abortion Statute Raises Cutting-Edge Questions Not Just About Abortion but About the Relationship Between State and Federal Courts”: Law professors Vikram David Amar and Jason Mazzone have this essay online at Justia’s Verdict.

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JURIST

FEBRUARY 28, 2023

The US Supreme Court Monday issued an order list announcing it will hear two additional cases this term. This law reformed sentencing to require a district court to ignore the mandatory minimum sentence if a criminal defendant meets certain criteria, known as “safety valve relief.” The two cases are Pulsifer v.

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JURIST

FEBRUARY 22, 2023

The US Supreme Court Tuesday heard oral arguments in Gonzales v. The statute broadly shields online platforms from liability for content posted to the platform by its users. Instead, Stewart urged the the court to “distinguish carefully between liability for the content itself, [and] liability for statements about the content.”

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