Constitutional Law Reporter

MAY 10, 2023

While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). The County sold the home for $40,000, and, consistent with a Minnesota forfeiture statute, kept all proceeds.

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The Crime Report

MAY 3, 2021

Minnesota Attorney General Keith Ellison and state prosecutors are seeking a more severe sentence for former Minneapolis police officer Derek Chauvin after a jury found him guilty in the murder of George Floyd, reports Axios.

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Patently O

FEBRUARY 14, 2023

The statute includes two particular requirements: fees may be awarded (1) to the “prevailing party” and (2) in “exceptional cases.” Minnesota Vikings Football LLC, Docket No. The district court has granted the attorney fees of $92k and denied additional sanctions — noting that the 285 fees are adequate.

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The Crime Report

MARCH 1, 2023

New York is one of only four states — along with Alaska, Minnesota and Mississippi — with statutes explicitly providing that an individual’s inability to pay does not exempt them from owing these fees,” wrote Katie Shaffer from the Center for Community Alternatives in a recent press release.

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JonathanTurley

APRIL 14, 2021

The former Minnesota police officer Kim Potter has been arrested and charged with second degree manslaughter in the shooting of Daunte Wright. The Minnesota Supreme Court previously ruled in State v. The charge allows for up to ten years in prison but it also has a standard that could prove challenging in the prosecution.

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The Crime Report

MAY 13, 2021

These aggravating factors of the case allow Cahill to sentence Chauvin to more than 15 years in prison, the longest punishment for second-degree murder under Minnesota’s sentencing guidelines, or even longer if he so chooses.

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JURIST

SEPTEMBER 16, 2021

The Minnesota Supreme Court on Wednesday overturned the third-degree murder conviction of former Minneapolis police officer Mohamed Noor who fatally shot Justine Ruszczyk in 2017.

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Patently O

MARCH 25, 2021

The plaintiff alleges that Ford designed, manufactured & sold a defective product (and failed to warn), but none of those actions – with respect to this particular vehicle – were directed to the state of Minnesota. ” Quoting Reiter (1979). The “or” has meaning.

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ClimateChange-ClimateLaw

NOVEMBER 6, 2023

While the preemption claim rang hollow to observers from the start, the idea that the ambitious climate laws passed in states like New York, Massachusetts, Minnesota, and California could limit local authority on climate was troublesome.

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Laws Court Government Real Estate 134

MyCase

JUNE 14, 2022

Whether getting familiar with certain statutes or reviewing former cases, you’re investing a lot of hours into this process. For instance, if you’re working on a civil litigation case in Minnesota, you can use the legal analytics software to identify other similar cases (and their outcomes) to inform your approach for your client.

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MyCase

JUNE 14, 2022

Whether getting familiar with certain statutes or reviewing former cases, you’re investing a lot of hours into this process. For instance, if you’re working on a civil litigation case in Minnesota, you can use the legal analytics software to identify other similar cases (and their outcomes) to inform your approach for your client.

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Legal Legal eDiscovery Law Firm 52

Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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JURIST

FEBRUARY 15, 2023

The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The appellants, two convicted felons, argued that the law violates Article VII , Section 1, of the Minnesota Constitution. The law at issue, Minn.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. In Minnesota v. the defendants filed their opposition to Minnesota’s remand motion (November 9). Chevron Corp. 20-cv-1636 (D. A20-1513 (Minn.

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FDA Law Blog

MARCH 22, 2023

Unlike the FDC Act, the FCA is not a strict liability statute, however. A recent case before the Minnesota District Court shows how high those stakes are. That commentary does not typically focus on the stakes for a defendant that believes it was right, goes to trial and loses.

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SCOTUSBlog

JUNE 24, 2021

The government takes the position that the statute forecloses only review of discretionary decisions not to grant relief, not factual findings that are factored into those decisions.) Fillmore County, Minnesota , 20-7028. City of Philadelphia, Pennsylvania , it’s also a good time to be filing religious liberty petitions.

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Administrative Law Immigration Laws Government 70

JURIST

JANUARY 2, 2021

The Minnesota Supreme Court on Wednesday upheld a revenge porn law that criminalizes the sharing of nude images of a person without that person’s consent, ruling that First Amendment protections do not extend to this type of speech. The district court rejected Casillas’s motion and dismissed the case.

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ClimateChange-ClimateLaw

MARCH 14, 2024

E&E News reports that similar legislation may soon be introduced in California and Minnesota. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. It is of note that the precedent concerns common law claims and courts may approach state statutes differently.

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Statute Government Court Laws 57

SCOTUSBlog

MAY 19, 2023

New Jersey’s so-called “slogan statutes” permit candidates in primary elections to have a short phrase – containing no more than six words – listed next to their names on the ballot. But before the primary elections took place, they went to court to challenge the constitutionality of the slogan statutes. Bond , Rivas-Villegas v.

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Statute Court Government Laws 90

LawSites

DECEMBER 29, 2021

Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters.

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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. Minnesota v. Delaware v. BP America Inc. ,

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LawSites

DECEMBER 29, 2021

Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters.

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Legal Legal Legal Services Technology 52

The Crime Report

AUGUST 6, 2021

Under the racketeering statute commonly referred to as Racketeer Influenced and Corrupt Organizations Act (RICO), which was designed to combat organized crime, prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise can occur. Kelly is the Godfather.”.

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SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. Fillmore County, Minnesota , 20-7028. Cummings v. Premier Rehab Keller P.L.L.C. ,

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The Crime Report

DECEMBER 1, 2022

The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. The four other states which permit civil commitment — the Dakotas, Oklahoma and Minnesota — all require “clear and convincing evidence.”.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Minnesota v. American Petroleum Institute , No.

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ClimateChange-ClimateLaw

MARCH 9, 2021

in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Federal Court Dismissed Case that Sought to Prevent Minnesota from Regulating Vehicle Greenhouse Gas Emissions. Minnesota Auto Dealers Association v. Minnesota , No. Chevron Corp.

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SCOTUSBlog

JANUARY 11, 2023

Under the False Claims Act, a defendant is liable for submitting a false claim to the government for payment if it acts “knowingly,” which the statute defines as acting with actual knowledge, deliberate ignorance, or reckless disregard. Hennepin County, Minnesota and Nieveen v. Hennepin County, Minnesota , 22-166. 6 conference).

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. Minnesota Court and D.C. The Minnesota Court of Appeals denied motions to stay the Minnesota Public Utilities Commission’s decisions authorizing Enbridge Energy, LP’s Line 3 pipeline replacement project. Minnesota opposed the stay.

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Court Reporting Court Construction Government 54

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. Environmental Review Not Required for Approval of Minnesota Utility’s Agreements to Purchase Power from New Subsidiary-Owned Gas Plant in Wisconsin. The Minnesota Supreme Court adopted the U.S. Raimondo , No.

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Court Government Construction Litigation 40

The Crime Report

OCTOBER 21, 2022

In the race for Minnesota attorney general, the Republican challenger is harnessing a tough-on-crime argument against Democrat incumbent Keith Ellison and, in the process, proposing a complete shift in focus on what the AG does, Blake Hounshell reports for the New York Times.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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ClimateChange-ClimateLaw

AUGUST 4, 2021

The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act. holding that the scope of appellate review of remand orders extended beyond review of removal based on the federal-officer removal statute. July 6, 2021).

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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Minnesota Court of Appeals Upheld State Approvals for Enbridge Crude Oil Replacement Pipeline. D076956 (Cal.

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ClimateChange-ClimateLaw

MARCH 6, 2018

The action involved closing valves on pipelines in Washington, Montana, Minnesota, and North Dakota. A North Dakota state court sentenced two environmental activists who participated in the #ShutItDown “valve-turners” action coordinated by the group Climate Direct Action.

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JURIST

NOVEMBER 10, 2023

The Minnesota Supreme Court upheld on Wednesday former US President Donald Trump’s placement on the Republican primary ballot for the 2024 presidential race amidst debates over his constitutional eligibility to appear on the ballot. ” Fein also noted that the decision is not binding on courts outside of Minnesota.

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