Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In 2014, Freed updated his Facebook page to reflect his position as city manager of Port Huron, Michigan. The Sixth Circuit Court of Appeals affirmed. In Lindke v. Freed , 601 U.S. _ (2024), the U.S.

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Conflict of Laws

OCTOBER 28, 2021

One Afghanistan-based company sues another in commercial court in Afghanistan. The Afghanistan Supreme Court reverses. It offers insights into best drafting practices for choice-of-court clauses. courts decide whether these clauses should be enforced. Undeterred, NWTC filed suit against RMA in state court in Michigan.

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SCOTUSBlog

APRIL 22, 2022

Davenport , the Supreme Court held on Thursday that a federal court cannot grant habeas relief to a convicted state prisoner whose constitutional rights were violated at trial unless that prisoner satisfies both the judicially-created Brecht v. The Supreme Court held in 2005 in Deck v. Share In Brown v. In Brecht v.

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FDA Law Blog

OCTOBER 4, 2023

By Faraz Siddiqui — Last week, a federal court in Ohio denied a preliminary injunction motion by four Chambers of Commerce in their lawsuit against the Medicare Drug Price Negotiation Program. The Plaintiffs argued the unconstitutionality of the Medicare Negotiation Program under the Fifth Amendment by relying on Michigan Bell v.

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The Crime Report

DECEMBER 5, 2022

Supreme Court ruling, NYSRPA v. The ruling has since been appealed to the 5th Circuit Court. In addition, 39 states and the District of Columbia have similar prohibitions on their statutes, with many expanding the restrictions to include individuals under temporary, or ex parte, orders prior to a full hearing.

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Constitutional Law Reporter

APRIL 18, 2023

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

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JURIST

JUNE 28, 2022

The Michigan Supreme Court Tuesday ruled that defendants charged in connection with the Flint water crisis are entitled to preliminary examinations. Baird and Nicolas Lyon, were charged for their roles in the Flint water crisis under Michigan’s “one-man grand jury statute.”

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SCOTUSBlog

APRIL 8, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities. In Moore v.

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Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Below is a brief summary of the other cases before the Court: Cruz v.

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SCOTUSBlog

OCTOBER 6, 2021

Share The Supreme Court heard oral argument Tuesday in Brown v. Davenport to consider whether a Michigan prisoner, whose constitutional right to a fair trial was violated when he was visibly shackled before the jury, is entitled to habeas corpus relief. As the case preview explained, in Brecht v. Many of the justices seemed to agree.

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SCOTUSBlog

OCTOBER 12, 2021

Share Wednesday’s argument in Babcock v Kijakazi will take the justices deep into the intersection of the Social Security Act and a host of statutes defining the obligations and compensation of National Guard workers. Those technicians provide a variety of services involving the equipment and supplies of the National Guard.

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The Crime Report

JULY 28, 2021

But now the new law, in combination with a second new Maine statute requiring land and groundwater tests where sludge has been spread, may have ramifications outside the state. Other states, including Michigan and New Hampshire, are considering PFAS-specific policies for damage claims, and more may follow.

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SCOTUSBlog

APRIL 29, 2022

Share On March 23, the Supreme Court considered the appropriate scope of 28 U.S.C. 1782 , which authorizes a federal district court to compel individuals and companies within its jurisdiction to provide discovery to proceedings pending in “foreign and international tribunals.” Plain text of the statute. Because the U.S.

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LawSites

FEBRUARY 26, 2024

This observation applies manifestly to our court systems: an inefficient and complicated civil justice system has become its own greatest enemy, frustrating its very purpose of providing access to civil justice for all. If courts move to standardize the collection of “data” (i.e.,

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LawSites

JULY 27, 2022

The chief justice of the California Supreme Court, Tani Gorre Cantil-Sakauye , said that the state legislature is to blame for stalling efforts to bring about regulatory reforms to address the state’s gap in access to justice. Every year, the bar dues bill has to be approved by the California legislature, not the Supreme Court.

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JURIST

FEBRUARY 5, 2023

Michigan Circuit Judge Christina Elmore Friday refused to drop a second-degree murder charge against Christopher Schurr, a former police officer for the Grand Rapids Police Department. A motion was filed by Schurr’s attorneys to quash the district court’s decision to send the case to trial, because of the video evidence.

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Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. I’ve been following the case as part of my work on internet and media law issues. ” 42 U.S.C. ” 42 U.S.C.

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The Crime Report

JULY 9, 2021

Department of Justice (DOJ) are jointly responsible for enforcement of criminal civil-rights statutes, according to the BJS report. When these hate crime violations were prosecuted, more than nine in 10 defendants were convicted among the 310 defendants adjudicated in federal court.

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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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The Crime Report

JUNE 23, 2022

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. Report authors highlighted a recent Supreme Court decision in Canada. Florida has the highest count of incarcerated people serving life without parole sentences.

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Paralegal Mentor

MAY 15, 2014

We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. In 2006, Professor Mitchell received the Justice For All award from the Criminal Defense Attorneys of Michigan for her Innocence Project work. Cooley Law School.

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Broadcast Law Blog

SEPTEMBER 2, 2014

Last month came the announcement that the National Association of Broadcasters had filed a court challenge to that order (on the first business day after the order was published in the Federal Register , meaning that there is still two weeks in which additional challenges may be filed in Court).

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The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. Parker’s estate. Parker’s heirs.”.

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Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. — Dennis Crouch.

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Customs & International Trade Law

MAY 13, 2022

Food and Drug Administration (FDA) is investigating consumer complaints of bacterial infections in four infants who consumed powdered infant formula produced in Abbott Nutrition’s facility in Sturgis, Michigan. The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute.

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SCOTUSBlog

MARCH 22, 2022

Share On Wednesday, the Supreme Court will hear argument in two consolidated cases, ZF Automotive US Inc. district courts to order discovery for use in foreign arbitration proceedings. . district courts to order discovery for use in foreign arbitration proceedings. The statute does not define the term “tribunal.”

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SCOTUSBlog

APRIL 26, 2023

The Biden administration filed a “friend of the court” brief in which it agreed with Tyler that the county’s actions violated the takings clause. These are big questions,” Sotomayor said, asking Martin why the court should address the federal government’s argument at all. The court, she urged, should vacate the decision by the U.S.

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JonathanTurley

JULY 17, 2023

Below is my column in the Hill on the opposition to the Supreme Court’s opinion declaring the use of race in admissions to be unconstitutional. Under the preexisting standards for the use of race in admissions, schools spent decades assuring the courts that race was not being weighed heavily and had only marginal effects on admissions.

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JonathanTurley

OCTOBER 25, 2021

The problem is that the courts already recognize some religious exemption arguments. There is a move in many states to refuse to allow such exemptions, but courts have pushed back. Likewise, the Sixth Circuit Court of Appeals this month affirmed such a preliminary injunction against Western Michigan University.

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SCOTUSBlog

DECEMBER 31, 2020

A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States.

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JURIST

SEPTEMBER 10, 2023

A US federal district court on Friday denied former Trump White House Chief of Staff Mark Meadows’ request to remove two Georgia state criminal charges to federal court. Meadows asked to transfer his charges to federal court under 28 U.S.C. 1442(a)(1). Judge Steve C. Jones rejected Meadows’ arguments.

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SCOTUSBlog

JANUARY 25, 2022

Unlike the Harvard University case , in which the same petitioner, Students for Fair Admissions, is asking the Supreme Court to reverse a decision by the U.S. And from August 2004 through February 2019, the court did not grant a single petition for cert before judgment (in United States v. Research by Steve Vladeck.

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SCOTUSBlog

APRIL 20, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Two of the relisted cases involve an issue sufficiently important that the court already came close to granting it in Trump v. Freed is a similar case involving the city manager of Port Huron, Michigan.

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SCOTUSBlog

MAY 18, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. There was a lot of action among the relisted cases at last week’s Supreme Court conference. The court granted review in six-time relisted case Carnahan v. The court denied review in three-time relist St.

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JURIST

DECEMBER 16, 2021

The US Court of Appeals for the Fifth Circuit Tuesday upheld the federal ban on bump stocks, a firearm accessory that allows semiautomatic guns to fire like automatic weapons. However, the trial court concluded that ATF properly classified a bump stock as a machine gun, as defined by the statute.

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SCOTUSBlog

OCTOBER 3, 2022

Share The Supreme Court on Monday added nine new cases to its docket, including a high-profile dispute over the extent of technology companies’ immunity from lawsuits based on the content they host. However, the majority concluded, Congress – rather than the courts – should clarify how broadly Section 230 applies.

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