SCOTUSBlog

NOVEMBER 2, 2022

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. United States that Section 922(g) requires the government to prove that the defendant knew he was prohibited from possessing a firearm. Share On Tuesday, the court heard argument in Jones v.

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SCOTUSBlog

MARCH 28, 2023

is whether and to what extent the federal trademark statute, known as the Lanham Act, applies to infringing conduct that takes place outside the United States. Last week’s argument mainly revolved around how to apply this modern test to the trademark statute, enacted in 1946, and what precedential weight, if any, to attach to Steele.

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SCOTUSBlog

MARCH 11, 2024

Enacted amid the destruction of Pueblo ruins in southwestern states, the first law, the Antiquities Act of 1906 , gives the president the power to designate areas of land owned or controlled by the federal government as national monuments and protect them from development. Part of that forest is governed by the 1937 law. But the D.C.

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SCOTUSBlog

NOVEMBER 8, 2021

After over two hours of debate, there was little support for the 9th Circuit’s decision, but the justices appeared divided on what path the litigation should take next. But that provision, Kneedler explained, was intended to provide a “special mechanism for the suppression of evidence when the government seeks to use it against” someone.

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SCOTUSBlog

OCTOBER 7, 2022

In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution of other litigation, pending or future, related to” the rule. This week, we highlight cert petitions that ask the court to consider, among other things, the ongoing public charge litigation.

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JURIST

FEBRUARY 15, 2023

It held that “The words “unless restored to civil rights” are compatible with the notion that rights are restored only in accordance with a mechanism established by the government.” ” Justice Paul Thissen wrote in his opinion that: The felon voting prohibition turns on an act of government.

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At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 The court granted a pro per’s petition for review in Escamilla v.

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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.,

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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Conflict of Laws

JANUARY 30, 2021

A blocking statute is adopted by a country to hinder the extraterritorial application of foreign legislation. [1] 1] For example, the EU adopted Council Regulation No 2271/96 (hereinafter “EU Blocking Statute”) in 1996 to protest the US’s extraterritorial sanctions legislation concerning Cuba, Iran and Libya. [2] Background.

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SCOTUSBlog

MAY 2, 2021

Garland , opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. The litigation in Niz-Chavez built upon a similar case, Pereira v. Share On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v.

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JURIST

JANUARY 3, 2024

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. It avers that the law “unconstitutionally intrudes on the federal government’s exclusive authority to regulate the entry and removal of noncitizens and therefore is field preempted.”

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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). When a relator files a complaint, the Government gets an initial opportunity to intervene in the case. quoting §3730(c)(3).

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SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws.

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SCOTUSBlog

MARCH 22, 2022

With the continuing globalization of commerce and the inevitable resulting litigation across national borders, the use of Section 1782 has surged in recent years, with approximately 200 petitions being filed annually. The statute does not define the term “tribunal.” In 2011, the government of Lithuania forced the bank into bankruptcy.

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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. ” This argument misunderstands the way in which statutes of limitations generally work. 663 (2014).

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JURIST

JANUARY 23, 2023

The Canadian government Saturday announced a $2.8 billion settlement to conclude a 325-member class litigation launched by Indigenous Canadians affected by the country’s condemned residential school program, which sent 150,000 children into 139 residential schools from the late 1800s to the 1990s.

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JURIST

NOVEMBER 17, 2023

While the case appeared before the court on a First Amendment challenge, the justices argued the central issue actually dealt with “the general question of whether a district court may enjoin a government from enforcing a law against non-parties to the litigation.” ” The case at issue , Griffen v.

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FDA Law Blog

SEPTEMBER 29, 2021

Manufacturers may choose not to participate in this program, but the federal government will not reimburse for their outpatient drugs under Medicaid or Medicare Part B if they do not. A 2018 report by the Government Accountability Office (“GAO”) found similar issues, as well as contract pharmacy noncompliance and poor federal oversight.

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JURIST

MARCH 24, 2022

a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. ZF argued that it was limited adjudicative bodies that were created by the government and that exercised authority conferred by the government. Luxshare, Ltd. , In August 2017, Luxshare, Ltd.

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SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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SCOTUSBlog

FEBRUARY 26, 2024

Through the years, the Supreme Court has faced many cases in which state statutes have limited the activities of national banks, and it has held that the National Bank Act preempted many, though certainly not all, of those local enactments. Tuesday’s Cantero v.

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SCOTUSBlog

OCTOBER 20, 2023

2022, the federal government sued Missouri, seeking to block the state from enforcing the law. The government’s theory, Divine wrote, would sweep broadly. “If The law imposes fines of $50,000 for violations of that ban. In an order on Friday afternoon, the court turned down Missouri’s request.

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JURIST

DECEMBER 14, 2021

1225, an immigration statute that governs the removal of noncitizens filing claims for asylum and permits the return of asylum-seekers to contiguous nations pending proceedings. Under this ruling, the federal government must resume MPP proceedings in Mexico.

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Patently O

MARCH 17, 2024

As we’ve explained in a series of articles , in many federal courts throughout the country, all or practically all cases are assigned to a single judge, giving litigants the ability to “judge shop”—that is, to choose their own judge. Judge shopping has been a particularly long-standing problem in patent cases and corporate bankruptcy cases.

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FDA Law Blog

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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SCOTUSBlog

JANUARY 10, 2022

government deported him to Mexico. The government reinstated his prior removal order. An intricate statutory scheme defines the government’s power to detain noncitizens and on what terms. The Supreme Court previously held that the post-removal statute contains an implicit time limit. After one such entry, the U.S.

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Conflict of Laws

OCTOBER 29, 2021

1] In similar, the advancing principle of party autonomy [2] does not distinguish between corporations and other litigants on its operational level. The very fact that litigation involves a corporation does not seem prima facie to affect the identity of the applicable law rules. Here, different considerations seem to apply.

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SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

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SCOTUSBlog

SEPTEMBER 6, 2021

Most people following the litigation over S.B. The Supreme Court could neither enjoin the flagrantly unconstitutional abortion restrictions nor lift the circuit court’s unexplained order pausing lower-court litigation, the “rule-of-law story” goes, because the Supreme Court’s hands were tied.

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JURIST

NOVEMBER 8, 2021

This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security. The statute requires that district courts ask the Register of Copyrights to assess whether the copyright would have been granted if the Register was aware the information was inaccurate.

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Patently O

MARCH 18, 2024

. = = = One interesting aspect of this decision relates to absence of a statute of limitations. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. The plaintiffs filed their lawsuit in 2019.

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FDA Law Blog

JANUARY 28, 2024

FDA points to a nearly 50-year-old statute, the Medical Device Amendments (MDA), as the source of its supposed authority to regulate LDTs as medical devices—authority which it apparently chose to not enforce until now. In the absence of new legislation, litigation over the rule is virtually inevitable.

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SCOTUSBlog

JUNE 22, 2023

Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. United States , in which the court named the federal government a “fiduciary” of reservation resources.

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SCOTUSBlog

JUNE 14, 2022

Share On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation orders and were in lengthy detention, rejecting lower courts’ rights-protective interpretation of the relevant detention statute and blocking an important avenue for injunctive relief in immigration detention cases.

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SCOTUSBlog

APRIL 30, 2021

In an additional wrinkle, the federal government was originally aligned with the refineries’ view, but following the change in presidential administration, it switched its position before the court. The function and context of the statute also featured strongly in the arguments.

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SCOTUSBlog

NOVEMBER 28, 2022

Generally speaking, that line of cases has limited the circumstances in which statutes that impose timing requirements on federal causes of action are regarded as jurisdictional – which means that they automatically and categorically keep a case out of court. The trend appears largely, if not entirely, in cases against the United States.

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