SCOTUSBlog

OCTOBER 6, 2023

Perhaps some of the justices will even enjoy a return to their law-school days, as they consider whether state or federal law should govern the enforceability of maritime choice-of-law clauses. Specifically, Great Lakes is a foreign insurance company that insured a yacht owned by Raiders, a Pennsylvania company.

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Constitutional Law Reporter

AUGUST 28, 2023

After he left the company, Mallory moved to Pennsylvania for a period before returning to Virginia. Mallory filed his lawsuit in Pennsylvania state court. In fact, Norfolk Southern has registered to do business in Pennsylvania in light of its “regular, systematic, [and] extensive” operations there. Washington , 326 U.S.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. PJM Interconnection is one such RTO, which oversees a region encompassing thirteen states, including Pennsylvania, along with the District of Columbia. FERC Order No.

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SCOTUSBlog

APRIL 25, 2022

A state trial court turned him down, prompting Reed to file a federal civil rights lawsuit challenging the constitutionality of the Texas law governing post-conviction DNA testing. The state court rejected Mallory’s contention that the company had agreed to be sued in Pennsylvania when it registered to do business in the state.

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SCOTUSBlog

OCTOBER 10, 2023

The question – whether state or federal law should govern the enforceability of maritime choice-of-law clauses – at first seems technical. Here, for example, a foreign insurance company insured a yacht owned by a Pennsylvania company. The first is the 1955 decision in Wilburn Boat Co. Fireman’s Insurance Co. ,

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Conflict of Laws

FEBRUARY 22, 2024

LLC (Raiders) is a company organized under the laws of Pennsylvania. District Court for the Eastern District of Pennsylvania. It argued that these claims were not viable because the policy’s choice-of-law provision had designated New York as the governing law in the absence of applicable federal maritime law.

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SCOTUSBlog

FEBRUARY 21, 2024

In this case, for example, a European insurance company insured a yacht owned by a Pennsylvania company. For another, “ Wilburn Boat rested on the difficulty of creating substantive maritime insurance law from scratch,” a “concern [that] is absent when the question is whether the parties may choose the governing law to apply.”

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Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. In Delaware v. It was Justice Ketanji Brown Jackson’s first opinion.

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Constitutional Law Reporter

NOVEMBER 1, 2022

Pennsylvania and Wisconsin : The case centers on what should happen to uncashed checks issued by MoneyGram, which is the second largest money transfer company in the world. McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits.

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SCOTUSBlog

OCTOBER 3, 2022

Share The fate of hundreds of millions of dollars in unclaimed money may depend on the Supreme Court’s interpretation of the term “money order” in an arcane 1974 federal statute. Pennsylvania and Wisconsin , will be the second case argued on Monday, the opening day of the 2022-23 term. On one side is Delaware.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute.

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SCOTUSBlog

JUNE 14, 2022

Pennsylvania (Oct. Here is the full list of cases scheduled for the October argument session: Sackett v. 3): Whether the 9th Circuit used the proper test to determine whether wetlands are “waters of the United States” under the Clean Water Act. Delaware v. Goertz (Oct.

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JonathanTurley

JUNE 7, 2023

However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. It also is an appeal that would be made by the United States over the invalidation of a federal statute. That triggered the federal ban.

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SCOTUSBlog

FEBRUARY 23, 2022

Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. Pennsylvania , 20-7805. That’s all for this week.

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SCOTUSBlog

MAY 2, 2021

The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and necessity from the Federal Energy Regulatory Commission to construct a 116-mile pipeline from northeast Pennsylvania to western New Jersey. Justice Elena Kagan queried, for example, “Was there any supervision by the government?

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Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. By that date, radio stations in Delaware and Pennsylvania must file a license renewal application.

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At the Lectern

APRIL 29, 2021

The relevant statute provides the possession crime occurs when there’s been a violation of “an express condition of probation,” but a form Judicial Council instruction that was given to the jury says an element of the crime is that “ a court had ordered that the defendant not own or possess a firearm.”

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SCOTUSBlog

JUNE 30, 2021

The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and necessity from the Federal Energy Regulatory Commission to construct a 116-mile pipeline from northeast Pennsylvania to western New Jersey. PennEast sought review by the Supreme Court, which was granted. The majority opinion.

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Conflict of Laws

JULY 19, 2021

Extraterritoriality in the Global Governance of Corruption: Legal and Political Perspectives. Extraterritoriality in Statutes and Regulations. Yanbai Andrea Wang, Assistant Professor, University of Pennsylvania Carey Law School. Workshop #2 (10:15-11:45 am ET; 4:15-5:45 pm CET). Anthony Colangelo , Robert G. Dodge , John D.

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SCOTUSBlog

NOVEMBER 8, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered there and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v. Gold Issue Mining & Milling Co. ,

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SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Pennsylvania , 20-7805. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. 14 conference).

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SCOTUSBlog

JUNE 24, 2021

Garland , 20-979 , which seems a likely grant, because the government, as respondent, agrees that there is a circuit split and review is warranted on one of the questions presented. The 11th Circuit also held that noncitizens are inadmissible even if their misrepresentation of citizenship is immaterial to the government benefit sought.

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SCOTUSBlog

MARCH 6, 2023

Share The Supreme Court on Monday morning added a maritime law case to its docket for the 2023-24 term and invited the federal government to submit briefs expressing its views in two more cases. Based on that provision, the district court dismissed Raiders’ counterclaims that were based on Pennsylvania law. But the U.S.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Nissan announced that day that it would work with California and the federal government to establish “common-sense” national standards. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Gray, Mayer Brown LLP, “SEC’s Climate Risk Disclosure Proposal Likely to Face Legal Challenges,” Harvard Law School Forum on Corporate Governance, May 10, 2022, [link]. [3] See also Cass R.

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SCOTUSBlog

SEPTEMBER 21, 2023

He argues that there is a divide among the courts of appeals over whether similar sex-offender regimes place registrants “in custody” for purposes of the habeas statute. Court of Appeals for the 3rd Circuit, which held that registered sex-offenders in Pennsylvania are entitled to seek habeas relief. Cooperatieve Rabobank U.A.

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SCOTUSBlog

APRIL 16, 2024

Share The Supreme Court on Tuesday was divided over whether charges against a former Pennsylvania police officer who entered the U.S. And still others appeared to propose a narrower reading of the statute that would still allow the charge against Fischer to stand. Chief Justice John Roberts, however, read the statute differently.

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Fordham Law News

OCTOBER 13, 2021

11] Proponents argue that by eliminating banks and custodians, DeFi reduces transaction costs, increases transparency, expands access to those who may otherwise be unable to borrow, and allows those holding cryptocurrencies to earn interest by investing in decentralized lending funds governed and secured by smart contracts. [12]. 23, 2021).

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JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “ Fear is waiting for you.” See Pennsylvania General Assembly Statute §7102.

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SCOTUSBlog

APRIL 9, 2024

Share The Supreme Court will hear oral argument on April 16 in the case of a former police officer from Pennsylvania who entered the Capitol during the Jan. The government appealed to the U.S. That conclusion, Fischer continues, is also backed by basic principles used by courts to interpret statutes. 6, 2021, attacks.

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JonathanTurley

OCTOBER 31, 2021

The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “ Fear is waiting for you.” Pennsylvania is a comparative negligence state so contributory negligence by the plaintiffs would not be a bar to recovery. See Pennsylvania General Assembly Statute §7102.

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The Crime Report

DECEMBER 13, 2021

Five states and the federal government executed a total of 17 prisoners in 2020, with the federal Bureau of Prisons (BOP) accounting for more than half (10) of the executions—reflecting a decision by the outgoing administration of President Donald Trump to accelerate death penalty cases.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. 30, 2020); Suncor Energy (U.S.A.) 20-783 (U.S.

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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. Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional.

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SCOTUSBlog

JANUARY 12, 2022

City of Philadelphia, Pennsylvania.). The Sacketts argue that the court should adopt the plurality’s narrower test as the governing standard. Smith , and if so, whether the Supreme Court should overrule Smith. The court faced but did not decide the issue of whether to overrule Smith in last term’s Fulton v. 7 conference).

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SCOTUSBlog

DECEMBER 31, 2022

After leaving her position in New York state government, she taught at Fordham University School of Law until her retirement in 2011. In 1988, Silberman held that an independent-counsel statute was unconstitutional — and though the Supreme Court did not agree with him in Morrison v. Cecilia Marshall (July 20, 1928 – Nov. 22, 2022).

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SCOTUSBlog

FEBRUARY 23, 2023

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. The government argues that the Constitution permits Congress to fund the CFPB this way, and Congress has long funded other agencies through similar means.

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