article thumbnail

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

SCOTUSBlog

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.

Statute 90
article thumbnail

Law School Canons: Ford – The New Personal Jurisdiction Quick Reference Guide

Patently O

He authors a series linking law school canonical cases with intellectual property counterparts. Of course, that is the same song and dance as every personal jurisdiction question hypo given in Civil Procedure classes. It was often easy to take the statutory authorization for granted or as a given in class.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Morning Docket: 04.17.23

Above The Law

CNN ] * US News delays release of law school rankings following freak out from schools worried about what their own stupid boycott caused. He claims this is all unnecessary because he lost money on these deals despite the statute being very clear that profit and loss are irrelevant to disclosure.

Statute 98
article thumbnail

Justia Portal by the Numbers: Resources for Aspiring Lawyers (And Practicing Lawyers Too!)

LLRX

Justia’s mission is to make the law and legal resources free for all. In keeping with this mission, the Justia Portal offers free access to statutes from all 50 states, cases from federal courts and the highest state courts, legal guides, and more! law schools and the law school admissions process.

Lawyer 101
article thumbnail

Justices lean toward narrow reading of aggravated identity theft

SCOTUSBlog

United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. But Fisher did not stop there.

Statute 76
article thumbnail

SCOTUS dispatch: government lawyer grilled for an hour on meaning of federal corruption statute

JURIST

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. The party briefs mostly focused on the word “rewarded” in the statute. Justice Kagan asked if the required mental state in the statute helps to alleviate that concern. No citation [to the record].

Statute 129
article thumbnail

Justices will consider equitable tolling for a veteran suffering from PTSD

SCOTUSBlog

Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v.

Statute 110