JURIST

MARCH 16, 2023

The North Dakota Supreme Court Thursday upheld a preliminary injunction on the state’s abortion ban while litigation on the matter proceeds. 31-12 , which went into effect after the US Supreme Court overturned Roe v. The post North Dakota Supreme Court upholds abortion ban injunction appeared first on JURIST - News.

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JURIST

MAY 23, 2022

The US Supreme Court Monday ruled 6-3 in Shinn v. Ramirez that “a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel.” However, [m]ake no mistake. However, [m]ake no mistake.

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At the Lectern

FEBRUARY 2, 2024

At Wednesday’s Supreme Court’s conference , there was a straight grant , the first since December 20. Statute of limitations. The court granted a pro per’s petition for review in Escamilla v. The court granted a pro per’s petition for review in Escamilla v. Superior Court (Rawlins).

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SCOTUSBlog

DECEMBER 1, 2022

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

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Mondaq

MAY 5, 2022

Court of Appeals for the Sixth Circuit addressed the application of the statute of limitations under the Comprehensive Environmental Response, Compensation, and Liability Act. On April 25, 2022, the U.S.

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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SCOTUSBlog

MARCH 22, 2023

The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. Two points were central for them.

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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. In 1948, Congress passed 28 U.S.C.

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JURIST

SEPTEMBER 9, 2021

The US Court of Appeals for the Seventh Circuit issued an opinion on Wednesday setting aside the District Court for the Southern District of Indiana’s ruling that several Indiana abortion restrictions from Indiana Code Section 16-34-2-1 were unconstitutional.

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SCOTUSBlog

NOVEMBER 8, 2021

Share The Supreme Court heard oral argument on Monday in Federal Bureau of Investigation v. The question before the court is whether the case should be dismissed under the “state secrets” privilege, or whether – as the U.S. and a Supreme Court justice.

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The Crime Report

OCTOBER 11, 2022

The Supreme Court has agreed to hear the case of Rodney Reedy, a Black death row inmate seeking post-conviction DNA evidence to prove his innocence, reports Ariane de Vogue for CNN. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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JURIST

MARCH 24, 2022

The US Supreme Court Wednesday heard oral arguments in ZF Automotive US, Inc. a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. ” The federal district court granted Luxshare’s application, and subpoenas were sent to ZF senior officers.

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At the Lectern

APRIL 9, 2024

The State Public Defender’s office and several civil rights groups and individuals today filed an original writ petition in the Supreme Court — Office of the State Public Defender v. Supreme Court’s rejection of a statistics-based equal protection argument in McCleskey v. ” (News release here.)

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SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., In Shoop v.

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Law 360

FEBRUARY 29, 2024

The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.

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JURIST

NOVEMBER 8, 2021

The United States Supreme Court heard oral arguments Monday in Federal Bureau of Investigation v. This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security. Fazaga and Unicolors, Inc. H&M Hennese & Mauritz.

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Above The Law

OCTOBER 12, 2022

The post When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence appeared first on Above the Law. We could have avoided this whole issue if everyone became a vegan.

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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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Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

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The IP Law Blog

NOVEMBER 17, 2022

In most instances, the courts have indicated that an employee’s home office is insufficient to establish venue absent the company ratifying that home office as a “regular and established place of business.” The district court disagreed with Monolithic and denied its motion. an employee’s home] to make it its own.”

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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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At the Lectern

JULY 26, 2021

Tri-Modal Distribution Services , the Supreme Court today interprets the statute of limitations for employment harassment cases to give certain plaintiffs more leeway to bring their lawsuits, and it protects many unsuccessful plaintiffs from paying defendants’ appellate costs. In Pollock v.

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Law 360

JULY 19, 2023

State and federal courts have handed down rulings in Illinois cases so far this year that have altered the legal landscape for biometric privacy claims in the state, opened up an area of uncertainty for False Claims Act litigants and upheld a state statute tacking 6% prejudgment interest onto personal injury and wrongful death verdicts.

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Conflict of Laws

FEBRUARY 9, 2023

Summary provided by the author, Asif Efrat In a globalized world, legal cases that come before domestic courts are often transnational, that is, they involve foreign elements. Will the foreign court grant our citizen the due process and fair treatment they would have enjoyed at home? civil judgments in European courts, the U.S.-British

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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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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014). Aktiebolag v.

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.

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Law 360

JANUARY 1, 2024

One of the biggest players in Illinois politics faces a criminal racketeering trial, a host of lawsuits filed under a decades-old genetic information privacy law will advance and the state's high court is expected to further weigh in on insurance coverage for litigation under the state's biometric privacy statute in some of the Illinois cases to watch (..)

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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. Justice Barrett delivered the unanimous opinion of the court.

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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. Instead, Kavanaugh noted, the state was simply seeking to be able to enforce the law against entities that are not a party to the litigation. When the U.S.

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SCOTUSBlog

JUNE 21, 2022

Share The Supreme Court on Tuesday dealt another blow to prisoners challenging their state-court convictions and sentences in federal court. He wanted to use that information in his federal habeas corpus proceedings, i.e., his challenge to his state-court conviction and death sentence. In a 5-4 decision in Shoop v.

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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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JURIST

NOVEMBER 6, 2021

As of date, in the absence of a separate statute, Section 89 of the Civil Procedure Code , as well as the rules framed by several high courts under that section, govern mediation in India. The draft bill considers the international practice of referring to ‘conciliation’ and ‘mediation’ as interchangeable words.

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Day on Torts

FEBRUARY 11, 2021

Further, where the other defendant was added as a party after the statute of limitations had run, summary judgment for that defendant was also affirmed. After a hearing, the trial court granted summary judgment to both defendants, and the Court of Appeals affirmed. Finally, the Court affirmed denial of plaintiff’s Rule 59.04

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Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. It is unsurprising then that Princess sought to defend the proceedings at a preliminary stage through litigation over where to litigate. The decision is significant not just for the litigants.

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