SCOTUSBlog

JUNE 23, 2023

Share On Thursday, the Supreme Court held that a federal prisoner cannot raise a claim of legal innocence if he has already challenged his conviction – even if that claim was unavailable at the time he filed his challenge. The court’s decision in Jones v. Nearly two decades later, the Supreme Court decided in Rehaif v.

Legal 132

Legal Legal Court Statute 132

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.

Tort 249

Tort Statute Court Cause of Action 249

JURIST

APRIL 6, 2023

The American Civil Liberties Union (ACLU) on Wednesday announced it had filed a lawsuit to block the application of a legal opinion in connection with Idaho’s abortion laws. The statute in its plain language states, criminal penalties will apply to “every person who performs or attempts to perform an abortion.”

Legal 220

Legal Legal Statute Court Decisions 220

Day on Torts

JULY 10, 2023

Where a pro se plaintiff knew about defendants’ alleged legal malpractice more than one year before he filed suit, summary judgment based on the statute of limitations was affirmed. In Garrett v. Weiss , No. E2022-01373-COA-R3-CV (Tenn.

Statute 40

Statute Legal Legal Divorce 40

JURIST

JUNE 23, 2021

After six months of deliberation, a panel of 12 independent legal experts from across the globe on Tuesday unveiled a working definition of “ecocide” that they hope will be adopted by the International Criminal Court (ICC).

Legal 243

Legal Legal Statute Criminal Law 243

JURIST

APRIL 20, 2022

The US Supreme Court Tuesday heard opening arguments for two cases concerning legal errors and whether courts can, and should, correct them. United States , the Court is considering the interpretation of criminal law and federal civil procedure rules. In George v. The petitioner in George v. In Kemp v.

Legal 104

Legal Legal Court Statute 104

JURIST

MARCH 29, 2024

The Court of Appeals of the Second Appellate District of Texas threw out a voter fraud conviction Thursday that would have put a Texas woman accused of voting while on supervised release after being convicted of a felony behind bars for five years. The ballot contained language putting former felons on notice of possible legal ramifications.

Felony 209

Felony Court Statute Legal 209

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.

Laws 197

Laws Court Statute Government 197

JURIST

MARCH 26, 2021

The US Court of Appeals for the Ninth Circuit on Wednesday upheld Hawaii’s firearm-licensing law , which restricts open-carry licenses to those who can demonstrate “the urgency or the need” to carry a firearm, that they are of good moral character, and are “engaged in the protection of life and property.”.

Statute 104

Statute Court Laws Legal 104

JURIST

MARCH 18, 2021

The Philippines Supreme Court on Tuesday dismissed a petition questioning the legal validity of President Rodrigo Duterte’s unilateral withdrawal from the International Criminal Court (ICC) in 2019, claiming that the issue had become “moot and academic.”

Statute 247

Statute Court Legal Legal 247

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.

Statute 210

Statute Court Laws Misdemeanor 210

JURIST

NOVEMBER 10, 2021

The Oklahoma Supreme Court reversed Tuesday a $465 million verdict against Johnson & Johnson (J&J) for public nuisance through its prescription opioid marketing campaign in the state. The Court applies the nuisance statutes to unlawful conduct that annoys, injures, or endangers the comfort, repose, health, or safety of others.

Manufacturing 193

Manufacturing Statute Court Government 193

JURIST

JANUARY 17, 2024

The Supreme Court heard oral arguments on Wednesday in two cases involving a requirement for herring fisheries to pay for the observers the government used to monitor overfishing. At the heart of the two cases was a debate over the court’s current deference to executive branch agencies in interpreting ambiguous language in federal laws.

Court 211

Court Government Finance Statute 211

JURIST

APRIL 14, 2023

The US Supreme Court Friday issued a 9-0 opinion in Axon Enterprise, Inc. Federal Trade Commission , holding that separate legal challenges to the structure of the Security and Exchange Commission (SEC) and the Federal Trade Commission (FTC) may proceed in federal court.

Court 219

Court Statute Legal Legal 219

JURIST

OCTOBER 1, 2021

The US Court of Appeals for the Second Circuit Wednesday dismissed a lawsuit by landlords challenging part of New York’s eviction moratorium statute. Five landlords and a real estate industry trade group in New York sued the state court administration and county sheriffs on May 6.

Real Estate 207

Real Estate Court Statute Legal 207

JURIST

SEPTEMBER 29, 2021

The US Court of Appeals for the Eleventh Circuit rejected a lawsuit against Google, Facebook and Twitter on Monday, concerning the 2016 Pulse Nightclub shooting in Orlando. The first was that the companies violated anti-terrorism statute 18 U.S.C. §§ 2333(a) & (d)(2). The plaintiffs made two arguments.

Statute 207

Statute Court Tort Legal 207

SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Two decades into his prison term, the Supreme Court decided in Rehaif v. 922(g) and sentenced to more than 27 years’ incarceration.

Statute 82

Statute Government Court Felony 82

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 overturned a Charlottesville Circuit Court decision in favor of a group of residents who sued to block the city from taking down statues of General Lee and General Thomas Jackson.

Court Rules 212

Court Rules Court Statute Court Decisions 212

JURIST

DECEMBER 2, 2023

The International Court of Justice (ICJ) on Friday ordered Venezuela to refrain from interfering with the disputed Essequibo region, which is administered by Guyana. However, the court stopped short of explicitly directing Venezuela to halt its planned consultative referendum on whether the region should become a Venezuelan state.

Court 222

Court Statute Government Legal 222

JURIST

JULY 1, 2023

The US Supreme Court struck down President Joe Biden’s federal student loan forgiveness plan on Friday in a set of opinions. The court’s decisions in Department of Education v. Since the Biden administration never obtained such express authorization, the court found the plan could not proceed. Brown and Biden v.

Court 196

Court Education Statute Government 196

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.

Statute 197

Statute Court Laws Court Rules 197

JURIST

FEBRUARY 9, 2021

There is a “very credible case” that the Chinese government has committed acts against the Uighur population in the Xinjiang Uyghur Autonomous Region (XUAR) that constitute genocide and crimes against humanity, according to a 105-page legal opinion published Monday.

Legal 184

Legal Legal Statute Government 184

Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

Statute 59

Statute Tort Cause of Action Diligence 59

JURIST

DECEMBER 12, 2023

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban.

Court 211

Court Healthcare Statute Court Rules 211

FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

Statute 98

Statute Mens Rea Manufacturing Court 98

JURIST

MAY 12, 2021

The US Court of Appeals for the Fourth Circuit found Tuesday that a racist slur used by a former military officer was protected speech under the First Amendment. The Virginia Supreme Court has narrowly interpreted Virginia Code § 18.2-416 Because of this, the court reversed the conviction.

Court 245

Court Statute Government Legal 245

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.

Court Rules 196

Court Rules Court Immigration Felony 196

JURIST

DECEMBER 13, 2021

The Supreme Court on Monday denied an appeal by Johnson & Johnson seeking to halt lawsuits alleging that the company failed to warn consumers of the dangers posed by talcum powder in their products. The Justices did not comment when they denied the petition for a writ of certiorari , which is customary.

Court 194

Court Statute Laws Legal 194

A People's Choice

OCTOBER 13, 2020

Unfortunately, once these agreements become official judgments by the court, they cannot be changed. However, under certain rare circumstances, the court may agree to a modification in a property division provision from a divorce agreement.

Divorce 98

Divorce Statute Legal Documents Lawyer 98

JURIST

FEBRUARY 28, 2023

The US Supreme Court Tuesday heard oral arguments in Biden v. The court heard oral arguments for both cases, back-to-back. The first question is whether the plaintiffs bringing the suit have standing before the court. Standing asks whether the party who filed the suit is the proper party to appear before the court.

Court 197

Court Education Statute Legal 197

JURIST

OCTOBER 8, 2022

An Arizona state appeals court Friday blocked enforcement of a 1901 abortion ban, which bans all abortions unless the procedure is necessary to save a pregnant person’s life. Eckerstrom agreed with Planned Parenthood that “Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes.”

Court 223

Court Healthcare Statute Attorney 223

MyCase

APRIL 24, 2024

AI tools like ChatGPT are creating a buzz in the legal field. According to the Legal Industry Report 2024 , nearly one-quarter (24%) of law firms have adopted legal-specific generative artificial intelligence (GAI) tools. GAI can free lawyers from repetitive tasks so they can focus on higher-level legal strategy.

Legal 52

Legal Legal Drafting Legal Research 52

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. .”

Statute 185

Statute Laws Court Legal 185

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.”

Laws 197

Laws Court Statute Attorney 197

JURIST

MARCH 28, 2023

The Appellate Court of Maryland Tuesday reinstated the conviction of Adnan Syed for the 1999 murder of Hae Min Lee and remanded the case. Syed was convicted of the murder of Hae Min Lee in 2000 and spent 23 years in prison before Circuit Court for Baltimore City Judge Melissa Phinn vacated his conviction in September 2022.

Court 197

Court Statute Legal Legal 197

JURIST

JUNE 15, 2021

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.

Court 210

Court Statute Court Rules Legal 210

SCOTUSBlog

APRIL 22, 2024

Share Union organizing efforts at Starbucks probably are the most protracted labor dispute of the decade, and on Tuesday the Supreme Court will hear argument in a closely watched case arising from the company’s firing of seven employees at a Memphis branch. The district court agreed with the NLRB and granted the injunction.

Court 110

Court Government Legal Legal 110