Conflict of Laws

FEBRUARY 22, 2024

Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. It held that courts should disregard these clauses in situations where applying the chosen law would “contravene a controlling federal statute” or “conflict with an established federal maritime policy.”

Court 67

Court Contract Laws Statute 67

The Crime Report

DECEMBER 20, 2021

In the absence of oversight boards and civil litigation, criminal charges against prosecutors and ethics board disciplinary measures are the only means of incentivizing appropriate prosecutorial actions. Make Prosecutors Liable to Criminal Charges. Establish an Oversight Commission.

Malfeasance 140

Malfeasance Court Attorney Law School 140

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.” University of North Carolina , 21-707. 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.

Court 100

Court Statute Education Administrative Law 100

SCOTUSBlog

MARCH 16, 2022

Court of Appeals for the 6th Circuit erred by not allowing him to intervene to defend the state’s abortion statute after another state official stopped defending its constitutionality. North Carolina State Conference of the NAACP , both of which involve intervention, but she argues that neither is likely to bear on the timeliness issue here.

Statute 108

Statute Small Business Court Attorney 108

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The recall was based on Sharma stating that he did not consider an argument between two fellow students to be racist. General Construction Co. , 269 U.S.

Laws 35

Laws Law School Statute Construction 35

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. 6 conferences) North Carolina Farm Bureau Federation v. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. 26 and Oct.

Laws 84

Laws Court Personal Injury Tort 84

LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. The Autonomy acquisition turned into a fiasco for HP due to alleged accounting improprieties by Autonomy, resulting in both litigation and a write-down of nearly $8.8

Legal 140

Legal Legal Legal Services Technology 140

LawSites

DECEMBER 29, 2021

And it is true that other states continue to look at various reform measures along these same lines, including Colorado, North Carolina and Illinois. The Autonomy acquisition turned into a fiasco for HP due to alleged accounting improprieties by Autonomy, resulting in both litigation and a write-down of nearly $8.8

Legal 52

Legal Legal Legal Services Technology 52

JURIST

JUNE 24, 2022

North Carolina State Conference of the NAACP that two Republican state legislators may step in to defend the state’s voter identification law, even though the state’s Democratic attorney general is already doing so. The US Supreme Court ruled 8-1 Thursday in Berger v. Justice Sonia Sotomayor filed a dissenting opinion.

Court 196

Court Laws Litigation Litigating 196

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. University of North Carolina.

Healthcare 91

Healthcare Tort Education Court 91

SCOTUSBlog

DECEMBER 31, 2020

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. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. 29, 1941 – Nov.

Court 121

Court Lawyer Lawyers Administrative Assistant 121

JonathanTurley

MARCH 5, 2022

As the federal recusal statute makes clear, recusal is proper where a judge’s “impartiality might reasonably be questioned.”. Judge Jackson served on the board since 2016, which overlaps with this litigation and the underlying policy. A ruling on the same question in the North Carolina case will have a direct impact on Harvard.

Government 35

Government Court Education Litigation 35

FDA Law Blog

MAY 14, 2021

387 (notes to statute, § 3, ¶ 7). In addition, any menthol rule would require significant public comment and could likely face litigation in federal court. Others, such as Senators Richard Burr of North Carolina have vehemently opposed the ban when illegal drugs such as marijuana are being legalized. 21 U.S.C. §

Manufacturing 52

Manufacturing Drafting Statute Litigation 52

FDA Law Blog

MAY 14, 2021

387 (notes to statute, § 3, ¶ 7). In addition, any menthol rule would require significant public comment and could likely face litigation in federal court. Others, such as Senators Richard Burr of North Carolina have vehemently opposed the ban when illegal drugs such as marijuana are being legalized. 21 U.S.C. §

Manufacturing 40

Manufacturing Drafting Statute Litigation 40

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The result is a horn of plenty for litigators.

Tort 33

Tort Statute Court Criminal Law 33

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”

Litigation 40

Litigation Litigating Court Laws 40

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Meanwhile, lower courts struggled with how to fit the Supreme Court’s 1922 decision in United States v. Meanwhile, the Supreme Court interpreted the aiding and abetting provision of the Anti-Terrorism Act (ATA) in Twitter, Inc.

Laws 73

Laws Court Divorce Tort 73

SCOTUSBlog

JUNE 17, 2022

After a flurry of litigation, the Pennsylvania Supreme Court in late February voted 4-3 to impose a different map that would favor Democrats in 10 of 17 congressional districts. Ten days later, Republican challengers in the North Carolina case filed a cert petition; that petition was up for consideration at the justices’ conference this week.

Court 102

Court Statute Litigation Litigating 102

SCOTUSBlog

MARCH 18, 2022

The North Carolina legislature passed the voter-ID law at the center of the case in December 2018. After the law went into effect over Cooper’s veto, the North Carolina State Conference of the NAACP and several of its local chapters immediately filed a lawsuit in federal court. On Monday, in Berger v. Background.

Litigation 95

Litigation Litigating Attorney Court 95

SCOTUSBlog

MARCH 21, 2022

After the law went into effect over a veto by the state’s governor, Democrat Roy Cooper, the North Carolina NAACP went to federal court, arguing that the law violates both federal voting rights laws and the Constitution. In Berger v. The attorney general is defending the law and arguing that it is constitutional.

Attorney 81

Attorney Litigation Litigating Laws 81

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The absence of clear guidance from the Supreme Court distinguishing “major” questions from “non-major” ones has complicated efforts to establish the boundaries of the doctrine, and litigators have moved quickly to exploit this ambiguity in the doctrine’s rhetoric. However, it objected to the EPA’s interpretation of its authorizing statute.

Statute 80

Statute Court Government Administrative Law 80