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.,

Statute 96

Statute Court Rules Court Litigation 96

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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Statute Attorney Court Litigation 45

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.

Government 97

Government Statute Cause of Action Litigation 97

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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Immigration Laws Misdemeanor Felony 118

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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Court Rules Court Government Statute 104

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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Statute Cause of Action Court Litigation 124

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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Statute Education Government Litigation 232

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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Court Laws Misdemeanor Statute 239

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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Court Statute Government Litigation 193

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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Immigration Statute Government Court 141

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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Litigation Litigating Statute Manufacturing 59

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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Statute Court Contract Tort 100

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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Immigration Statute Government Court 88

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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Court Manufacturing Statute Litigation 197

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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Statute Cause of Action Government Court 79

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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Litigation Litigating Laws Statute 75

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.

Court Rules 144

Court Rules Court Government Litigation 144

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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Legal Legal Statute Litigation 64

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. The justices and the litigants devoted substantial time discussing when a party’s decision to adopt an objectively reasonable, but incorrect, interpretation would satisfy the FCA’s knowledge requirement.

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Court Government Statute Litigation 115

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late. Both Reed and Texas agree, Kavanaugh observed, that the statute of limitations for his claim is two years. By a vote of 6-3, the justices reversed a ruling by the U.S.

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Court Statute Cause of Action Government 95

SCOTUSBlog

JANUARY 10, 2023

That provision operates much like FOIA (the federal Freedom of Information Act) by obligating the government on request to grant access to many if not most categories of public documents. The dispute in question involves a provision in Puerto Rico’s constitution that guarantees access to public information.

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Statute Government Litigation Litigating 100

SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. Those are the two statutes we have. Again, what am I missing?

Statute 144

Statute Government Court Litigation 144

The Crime Report

FEBRUARY 7, 2022

As high-profile police killings persist, many victims have turned to private litigation as a path to justice. While Section 1983 was integral to early civil rights litigation, in the context of police misconduct the statute reinforces the understanding of “individual perpetrators causing individual harm.”.

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Litigation Litigating Statute Legal 98

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. The court granted review in County of Santa Clara v.

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Government Court Contract Cause of Action 49

SCOTUSBlog

JANUARY 18, 2021

The oil companies contended that Baltimore was seeking to hold them liable for their exploration for and production of fossil fuels at the direction of federal officials – for example, when they produced fossil fuels offshore under leases with the government that gave the government significant control over some parts of the companies’ operations.

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Statute Court Reporting Court Court Reporter 131

SCOTUSBlog

OCTOBER 10, 2022

The question before the court is a procedural one, focusing on the deadline for Reed to file a federal civil rights claim challenging the constitutionality of the Texas law governing DNA testing. The question that the justices will consider in Reed’s case is when the statute of limitations to pursue a federal civil rights claim begins to run.

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Statute Construction Litigation Litigating 107

SCOTUSBlog

MAY 15, 2023

The majority found that Congress had not written anything into the board’s founding statute that “deprived the board of sovereign immunity.” Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward.

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Statute Finance Government Cause of Action 54

SCOTUSBlog

JANUARY 6, 2023

The technicians in this case had been unionized for 45 years when the Guard, in effect, terminated its collective-bargaining relationship with their union, the American Federation of Government Employees, Local 3970, AFL-CIO. The case begins with a common “union avoidance” narrative.

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Statute Government Administrative Assistant Laws 88

SCOTUSBlog

JANUARY 12, 2021

When Waggoner responded that victims of government misconduct might not be able to show any damages other than nominal damages, Gorsuch posited that such plaintiffs might be able to recover their bus fare, or compensation for the time that it took them to walk to the site where they were injured.

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Government Compensatory Damages Statute Court 56

SCOTUSBlog

FEBRUARY 23, 2022

Texas was another instance of a common jurisprudential problem for the justices: how should a modern court, largely devoted to textualism in its statutory interpretation, deal with cases about Native American tribes, which traditionally have depended on historical and contextual understandings only weakly linked to the text of the statute.

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Statute Drafting Government Court 100

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 94

ClimateChange-ClimateLaw

AUGUST 31, 2021

United States case, plaintiffs sought an order directing the federal government to slash the nation’s greenhouse gas emissions. Commonwealth , which used the state constitution’s Environmental Rights Amendment to invalidate a state statute that had prevented municipalities from barring hydraulic fracturing. Not so in the United States.

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Statute Litigation Litigating Government 119

SCOTUSBlog

MARCH 17, 2023

The federal government has ordered the seven Colorado River states to reduce their water usage by one-fifth. After years of litigation and negotiation, the Nation prevailed in the U.S. The federal government and the states of Arizona, Colorado, and Nevada, which intervened below, successfully sought Supreme Court review.

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Government Statute Court Litigation 116

Paralegal-Edu.Org

APRIL 26, 2024

Understanding the Paralegal Profession Paralegals, who are also be called legal assistants, are the qualifying persons who have specialized knowledge and skills and assist lawyers to work in various legal settings, including private law firms, organizations’ corporate legal departments, government agencies, and nonprofit organizations.

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Paralegal Paralegals Legal Assistant Legal Assistance 76

At the Lectern

APRIL 9, 2024

But, separately, it also says that death penalty statutes in effect in 1972 “shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments. And defendants of all races are up to 8.8 times more likely to be condemned when at least one of the victims is White.” ” (Footnote omitted.)

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Court Statute Construction Education 92

SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. Justice Sonia Sotomayor’s likely support for the statutory argument advanced by Patel and the government could be found in her expressed concern about Meehan’s reading of the jurisdictional bar.

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Immigration Court Statute Government 136

FDA Law Blog

MARCH 24, 2024

They argue that the 340B statute had never intended to give contract pharmacies such an outsized role in the program, in part because their proliferation stretched HRSA’s enforcement capacity and resulted in widespread noncompliance. Two 340B covered entities joined the litigation as intervenors arguing to uphold the law. & Mfrs.

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Manufacturing Contract Laws Statute 59