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Senate Judiciary Committee recommends bill to remove child sex abuse statute of limitations

JURIST

There is no statute of limitations under current federal law barring the prosecution of criminal offenses involving child sex abuse 10 years after the offense or when the victim is alive, whichever is later.

Statute 206
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US Supreme Court agrees to hear cases on statute of limitations, personal jurisdiction

JURIST

Norfolk Southern Railway Company , which focus on statute of limitations and personal jurisdiction issues. In Reed , petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C.

Statute 161
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US Supreme Court to hear Quiet Title Act statute of limitations case

JURIST

Wilson deals with the QTA’s 12 year statute of limitations for claimants and asks whether the statute of limitations is a jurisdictional rule or a claim-processing rule. The post US Supreme Court to hear Quiet Title Act statute of limitations case appeared first on JURIST - News.

Statute 158
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Revised Canadian Statute on Jurisdiction

Conflict of Laws

Many Canadian and some other conflicts scholars will know that the Uniform Law Conference of Canada (ULCC) has drafted (in 1994) model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. Written by Stephen G.A. Pitel, Western University.

Statute 52
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Bluebook Citation for Ohio Statutes

C|M|LAW Library

You will find citation information for Ohio statutes in Table 1 of the Bluebook. jurisdictions; for more in-depth treatment of statute citations in general, have a look at Bluebook Rule 12. Here’s an example of how to cite to Ohio’s illegal bingo statute: Ohio Rev. Because Ohio has two versions of its statutes – one called Page’s Ohio Revised Code Annotated published by LexisNexis and the other called Baldwin’s Ohio Revised Code Annotated published by West.

Statute 71
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Justices narrow federal computer-fraud statute

SCOTUSBlog

Share The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. The post Justices narrow federal computer-fraud statute appeared first on SCOTUSblog.

Statute 138
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Illinois Supreme Court extends statute of limitations period in unlawful data-handling claims

JURIST

said the lawsuit raised a question of law which was barred under the statute of limitations contained in the Biometric Information Privacy Act. The appellate court said that claims, like the ones brought by Tims, should be subject to the one-year statute of limitations period.

Statute 169
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Bankruptcy and New Arizona Homestead Statutes

Diane Drain

Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes. Final edits of HB2617 – easier to read Along with that increase there were other significant changes to the Arizona Homestead law. HB 2617 – 2022 Changes in Arizona Homestead Laws.

Statute 104
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Justices wrestle with statute of limitations in Rodney Reed’s effort to revive DNA lawsuit

SCOTUSBlog

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.

Statute 129
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Supreme Court Considers Reach of Aggravated Identity Theft Statute

The Crime Report

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

Statute 56
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Opinion analysis: No statute of limitations for military rape

SCOTUSBlog

Court of Appeals for the Armed Forces that had held the three prosecutions time-barred because it found a five-year statute of limitations for military rapes occurring between 1986 and 2006. Second, one of the goals of any statute of limitations is clarity, stated Alito.

Statute 112
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Wisconsin high court holds using ballot drop boxes illegal under state statutes

JURIST

The Wisconsin Supreme Court has held that using ballot drop boxes is illegal under state statutes. The post Wisconsin high court holds using ballot drop boxes illegal under state statutes appeared first on JURIST - News. Uncategorized absentee ballot ballots Domestic drop boxes election law elections wisconsin Wisconsin Elections Commission Wisconsin Supreme Court

Statute 144
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State AGs Are Realizing Power Of False Claims Statutes

Law 360

State attorneys general appear to be ramping up investigations, prosecutions and interventions using long-underappreciated state and municipal false claims statutes, and early indications signal an increasing focus on cybersecurity misrepresentations, private equity firms' misconduct and securities fraud, say attorneys at Troutman Pepper

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The Statute of Limitations From a Personal Injury Point of View

LegalReader

News & Politics personal injury personal injury attorneys personal injury claims personal injury damages personal injury law personal injury law firm personal injury lawsuits personal injury lawyers personal injury settlements personal injury verdicts

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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital.

Tort 59
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Justices will analyze statute of limitations in Quiet Title Act

SCOTUSBlog

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.

Statute 72
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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

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). By Sophia R. Gaulkin & Alan M.

Statute 98
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What is the Statute of Limitations on Personal Injury Cases in Florida?

LegalReader

While the standard statute of limitations for personal injury cases in Florida is four years, certain factors can extend the deadline or effectively pause the timer.

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“The Cell Phone Donut Hole in the Tracking Device Statute”

HowAppealing

“The Cell Phone Donut Hole in the Tracking Device Statute”: Retired U.S. has this article in the Federal Courts Law Review Magistrate Judge Steven Wm. Smith (S.D.

Statute 100
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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Ortiz responded that an effective and adequate remedy need not guarantee victory, but must guarantee “that the correct law be applied.”. Share On Tuesday, the court heard argument in Jones v.

Statute 85
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Why Do Utah Legislators Keep ‘Blood Atonement’ on the Statute Books?

The Crime Report

Earlier this month, the Utah House of Representative’s Law Enforcement and Criminal Justice Committee, after lengthy and passionate debate, narrowly defeated a bill to repeal the death penalty.

Statute 127
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Summary judgment based on GTLA and Recreational Use Statute affirmed.

Day on Torts

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.

Tort 59
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Man Faces Execution In Florida As Legislators Debate Rollback Of Death Penalty Statute

The Crime Report

Ron Desantis has taken a stand against the unanimity required by state law to sentence criminal defendants to the death penalty. Since then, Florida Republicans have filed bills that would reverse amendments to state statute after Supreme Court Justices nearly-unanimously found that Florida’s sentencing scheme violated the Sixth Amendment Hurst v. Florida Gov.

Statute 58
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Justices puzzled by interaction of state-secrets privilege and federal surveillance statute

SCOTUSBlog

When Kneedler argued that the statute dealt with suppression, rather than the production, of information, Justice Elena Kagan asked, “Why isn’t it about both?” The whole point of this” law, Roberts said, is to “keep the information from being used.”

Statute 123
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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. Joshi argued that this statute does not “walk or quack” like a statute of limitations and it doesn’t function as one either.

Statute 84
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Maine Judge Says Child Sex Abuse Lawsuits Against Catholic Diocese Can Move Forward

LegalReader

The Roman Catholic Diocese of Portland had protested a 2021 law removing the statute of limitations on most child sex abuse claims. Verdicts & Settlements Catholic Church child abuse child sex abuse diocese of portland lawsuit Maine rulings Statute of Limitations

Statute 98
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“Texas Doctor Who Violated Abortion Law Wins Dismissal of Suit; Suit was filed under law allowing private policing of statute; San Antonio doctor wrote op-ed detailing his violation of law”

HowAppealing

“Texas Doctor Who Violated Abortion Law Wins Dismissal of Suit; Suit was filed under law allowing private policing of statute; San Antonio doctor wrote op-ed detailing his violation of law”: Madlin Mekelburg of Bloomberg News has this report.

Statute 100
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Changing Property Division in a California Divorce Agreement – Requirements and Statute on Limitations

A People's Choice

To read the complete article, please click on the link Changing Property Division in a California Divorce Agreement – Requirements and Statute on Limitations This post appeared first on A People's Choice - Legal Documents - Without the Lawyers.

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America and Sweden file interventions in ICJ investigation of alleged Russian genocide in Ukraine

JURIST

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. The United States and the Kingdom of Sweden Thursday filed declarations of intervention in the International Court of Justice (ICJ) in the case of Ukraine v.

Statute 221
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What You Need to Know About the Statute of Limitations for Car Accidents in Indiana

LegalReader

In Indiana, the statute of limitations gives claimants two years from the date of the accident to file for personal injury claims.

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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States.

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Statute of limitations tolling opinion filing Monday

At the Lectern

When the court granted review in August 2019 , it limited the issue in Shalabi to: “Code of Civil Procedure section 12 provides: ‘The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.’ In cases where the statute of limitations is tolled, is the first day after tolling ends included or excluded in calculating whether an action is timely filed?”

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Summary Judgment Based on Tennessee Recreational Use Statute Affirmed.

Day on Torts

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.”

Tort 59
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Croatia files declaration of intervention in ICJ investigation of alleged Russian genocide in Ukraine

JURIST

Russian Federation under Article 63 of the ICJ Statute. The Republic of Croatia Wednesday filed a declaration of intervention in the International Court of Justice (ICJ) case of Ukraine v. Human rights experts worldwide have accused Russia of genocide since its invasion of Ukraine.

Statute 222
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“The Supreme Court Leakers Can Be Prosecuted; If it turns out to be a law clerk, there are federal statutes under which criminal charges can be brought”

HowAppealing

“The Supreme Court Leakers Can Be Prosecuted; If it turns out to be a law clerk, there are federal statutes under which criminal charges can be brought”: Markus Funk and U.S. District Judge Virginia M. Kendall ( N.D. have this essay online at The Wall Street Journal

Statute 100
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Use §§ Instead of “et seq.” for Multi-Section Statutes

C|M|LAW Library

Occasionally when reading law review articles or other legal materials, you will see the Latin abbreviation et seq. should be avoided for statutes, and replaced with two section symbols – §§ – to show multiple statute sections.

Statute 52
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When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence

Above The Law

The post When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence appeared first on Above the Law. Courts California Long Arm Statute Pork Supreme CourtWe could have avoided this whole issue if everyone became a vegan.