JURIST

JULY 21, 2023

Philippine Justice Secretary Jesus Crispin Remulla said Friday that the Philippine government will have to learn more about the intentions of several investigators from the International Criminal Court (ICC) before granting them entry to the country. Remulla’s comments come after current President Ferdinand Marcos Jr.

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SCOTUSBlog

NOVEMBER 7, 2023

Kirtz , considered whether the federal government is exempt from that regime. For several of the justices, the language of the statute seemed more than enough to impose liability on the federal government. Government.” Several justices scoffed at the idea of government-on-government prosecutions.

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SCOTUSBlog

MAY 11, 2023

Share For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud. United States is no exception.

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SCOTUSBlog

JUNE 9, 2023

The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute.

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Conflict of Laws

NOVEMBER 13, 2023

The statute is available here. The ULCC has now released a revised version of another model statute, the Enforcement of Canadian Judgments Act (ECJA). The original version of this statute was prepared in 1998 and had been amended four times. The statute allows for the registration of a Canadian judgment (a defined term: s 1).

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JURIST

NOVEMBER 6, 2022

Venezuelan government Saturday rejected a decision by the prosecutor of the International Criminal Court (ICC) to resume an investigation into alleged human rights violations by the country’s officials. The post Venezuelan government rejects OTP’s decision to resume investigation appeared first on JURIST - News.

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Government Statute Court 129

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 Department of Legal Affairs said that the proposed bill is a step forward in expanding the scope and reach of ADR.

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SCOTUSBlog

OCTOBER 11, 2022

A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late. But in a case in which the TCCA does grant rehearing, he added, the statute of limitations would start to run then.

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SCOTUSBlog

JUNE 3, 2021

It was an important one because the government in recent years has been applying the law quite broadly, arguing that users “exceed unauthorized access” (and thus face federal criminal liability) whenever they use information from a computer for an impermissible reason. Justice Amy Coney Barrett wrote the majority opinion.

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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. None of the justices seem to think the Quiet Title Act meets that standard.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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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

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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SCOTUSBlog

OCTOBER 5, 2022

McDonough , a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Thus, the presumption should not apply.

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The Crime Report

FEBRUARY 27, 2023

The federal aggravated identity theft statute applies to anyone who “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person” in relation to certain felonies, Daniel Harawa reports for SCOTUSBlog. Now, the court is set to decide if that qualifies as identity theft under the law.

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JURIST

JANUARY 22, 2024

The Philippines became a party to the Rome Statute , the founding treaty of the ICC, in November 2011. However, it withdrew from it in 2018 in accordance with Article 127 of the statute. Following the commencement of the preliminary examination, the Philippines subsequently withdrew from the statute.

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JURIST

DECEMBER 4, 2022

Danielle Smith, who took office as the new Premier of the western Canadian province of Alberta in October, said Saturday that her government is considering revising the provisions of the proposed provincial Sovereignty Act which would empower the provincial cabinet to unilaterally rewrite laws without legislative approval.

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JURIST

JANUARY 22, 2021

The Thai government filed a criminal complaint against political leader Thanathorn Juangroongruangkit Wednesday, citing crimes against the monarchy. He criticized the government’s administration of recently developed COVID-19 vaccines. He criticized the government’s administration of recently developed COVID-19 vaccines.

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Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. In Anderson v. Lauderdale County, Tennessee , No. W2022-00332-COA-R3-CV (Tenn. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. Dismissal was affirmed on appeal.

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The Crime Report

SEPTEMBER 12, 2022

The push follows a significant uptick in the number of active FCA investigations, the level of resources the government is putting into them, the number of agents that are working them, and the level of teamwork and coordination between US attorneys and Main Justice. In fiscal 2021, DOJ obtained $5.6 In fiscal 2021, DOJ obtained $5.6

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JURIST

APRIL 15, 2024

When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. The party briefs mostly focused on the word “rewarded” in the statute.

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SCOTUSBlog

NOVEMBER 8, 2021

Representing the FBI, Deputy Solicitor General Edwin Kneedler told the justices that the state-secrets privilege, which allows the government to withhold sensitive information in litigation, is “critical to safeguarding the national security.” Some justices were skeptical that the scope of Section 1806(f) was as narrow as Kneedler suggested.

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FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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JURIST

NOVEMBER 7, 2023

The government will now only be able to prosecute the company for failure to report suspicious prescriptions after October 2018, when the Controlled Substances Act (CSA) was amended. US District Court Judge Jerry Pappert limited the liability of opioid distributor Cencora (previously known as Amerisourcebergen) on Monday in the case US v.

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JURIST

NOVEMBER 30, 2022

If the cabinet considers a federal law “unconstitutional or harmful to Albertans,” it is empowered by the legislature to render inoperative portions or the entirety of federal statutes in the province, and to replace these disregarded federal laws with substitute legislation. We’re going to see how this plays out.

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SCOTUSBlog

NOVEMBER 3, 2023

In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. Under the federal statute governing these contracts, tribes can then keep third-party insurance revenue so long as they spend it on health care. On appeal, the U.S. In Becerra v.

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JURIST

APRIL 24, 2023

The court will consider the question of whether Congress intended to allow people to sue Native American tribes in bankruptcy disputes and will then determine whether the waiver of immunity under the Bankruptcy Reform Act for foreign or domestic government extends to these Native American tribes.

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

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At the Lectern

JUNE 22, 2023

County of Riverside today holds a broad government immunity statute isn’t as broad as many Courts of Appeal have been construing it. Government Code section 821.6 Government Code section 821.6 With a wholesale disapproval of lower court opinions and a reaffirmance of one of its own, the Supreme Court in Leon v.

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Patently O

APRIL 1, 2022

Government employees are not available to accept private clients or to represent clients other than their agency before the United States Patent and Trademark Office.” ” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations.

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Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

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The Crime Report

JANUARY 3, 2023

Ukrainian President Volodymyr Zelensky has signed a new law that expands the government’s power to regulate media groups and journalists in the country, Brad Dress reports for The Hill. Drew Sullivan, an editor for and co-founder of the Organized Crime and Corruption Reporting Project tweeted about the decision: “Unnecessary.

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JURIST

JUNE 8, 2023

The government also applied a sentence enhancement under 18 U.S.C. ” The Court claims that applying the interpretation of the statute advanced by the government, these people would be subject to serve at least two years in federal prison. 1028A(a)(1) for being overly vague and potentially dangerous in future disputes.

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Day on Torts

NOVEMBER 4, 2021

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn.

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JURIST

MARCH 24, 2023

In the US, Congress, instead of the executive branch, controls government funding. Congress must pass appropriation statutes in order for the government to spend money. They cited the specific statute, 12 U.S.C. The intent of the clause was to limit the executive branch’s spending power.

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Patently O

MARCH 16, 2024

” The case is important because social media is increasingly used by government organizations to push-out information; while those same avenues provide an important public mechanism for voicing opposition. Using “government staff to make a post” will very likely be deemed an official act. ” 42 U.S.C.

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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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