Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. North Dakota ex rel. In Wilkins v. United States , 598 U.S. _ (2023), the U.S. Justice Sonia Sotomayor wrote on behalf of the Court. Board of Univ.

Government 52

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SCOTUSBlog

SEPTEMBER 29, 2023

Board of Governors of the Federal Reserve System , the justices agreed to decide when the six-year statute of limitations to challenge an action by a federal agency begins to run: Is it when the agency issues the rule, even if the plaintiff has not yet suffered any injury from the action; or is it instead when the plaintiff is actually injured?

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Calendaring Court Statute Court Rules 121

SCOTUSBlog

JANUARY 11, 2022

It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case. Department of Veterans Affairs. How can the presumption be rebutted?

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Statute Law Firm Law Firms Government 90

Conflict of Laws

OCTOBER 28, 2021

Finally, it is important to note that the State of Michigan has adopted a statute that clearly spells out when its courts should and should not give effect to choice-of-court clauses. states—Nebraska, New Hampshire, and North Dakota—have adopted similar statutes based on the Model Choice of Forum Act. This is unusual.

Contract 52

Contract Court Drafting Statute 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 ).

Statute 40

Statute Technology Legal Legal 40

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Clean Air Council v. Pruitt , No. 17-1145 (D.C.

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JURIST

OCTOBER 2, 2023

Board of Governors of the Federal Reserve System , which deals with when the legally mandated six-year statute of limitations on challenging a federal agency action begins to run. The case surrounds a truck stop in North Dakota that wants to challenge a 2011 Federal Reserve Rule that caps credit card processing fees.

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Court Immigration Statute Government 233

The Crime Report

MAY 16, 2023

Congress. (..)

Laws 98

Laws Criminal Law Healthcare Legal 98

Broadcast Law Blog

MARCH 23, 2022

That has been interpreted to mean that an ad sponsored by a legally qualified candidate for public office must be run by a station as presented to the station, absent the ad itself violating some federal criminal statute (e.g.,

Government 114

Government Legal Legal Statute 114

ClimateChange-ClimateLaw

MARCH 6, 2018

A few days after the California court issued its order, North Dakota and Texas asked the Wyoming federal court to lift a stay that the court had imposed in December 2017. North Dakota Court Sentenced “Valve-Turner” Activist to Year in Prison. The two states said the circumstances providing a basis for the stay (i.e.,

Court 40

Court Government Laws Litigation 40

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. North Dakota v.

Court 40

Court Litigation Litigating Government 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.

Court Reporting 54

Court Reporting Court Construction Government 54

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.” North Dakota and Second Coal Company Asked for Review of D.C. In re Enbridge Energy, LP , Nos.

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Court Statute Litigation Litigating 44

SCOTUSBlog

OCTOBER 5, 2021

Issue : Whether a state statute that expressly caps punitive damages at two times compensatory damages satisfies the notice requirement of the due process clause such that a punitive damages award that complies with the statute is constitutionally sound under the due process clause. North Dakota v. Epic Systems Corp v.

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Punitive Damages Compensatory Damages Court Statute 55

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

Court 111

Court Statute Litigation Litigating 111

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court in the North Dakota case had denied the defendants’ request to present a necessity defense. Resolute Forest Products, Inc. Greenpeace International , No.

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SCOTUSBlog

FEBRUARY 27, 2022

Two coal-mining companies and 20 Republican-led states, including West Virginia and North Dakota, asked the Supreme Court to review the D.C. Circuit explained that it found “nothing in the text, structure, history, or purpose of Section 7411 that compels the reading the EPA adopted.” Circuit’s ruling.

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