Statute Related Topics 
JURIST
FEBRUARY 11, 2022
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.
JURIST
JUNE 6, 2022
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.
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JURIST
APRIL 25, 2022
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.
Conflict of Laws
DECEMBER 18, 2021
This statute, known as the Court Jurisdiction and Proceedings Transfer Act (CJPTA), has subsequently been adopted and brought into force in 4 of Canada’s 13 provinces and territories (British Columbia, Saskatchewan, Nova Scotia, Yukon). Written by Stephen G.A. Pitel, Western University.
Diane Drain
JANUARY 20, 2022
Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes. The statute reverses the current statutory scheme where a recorded Judgment is not a lien on the homestead pursuant to 964(A) & (B).
JURIST
JUNE 13, 2022
” The court concluded that “private adjudicatory bodies” do not qualify as foreign or international tribunals under the statute. The post US Supreme Court narrows application of foreign discovery statute appeared first on JURIST - News.
SCOTUSBlog
JUNE 3, 2021
The post Justices narrow federal computer-fraud statute appeared first on 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.
JURIST
FEBRUARY 3, 2023
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.
LegalReader
APRIL 28, 2022
The statute of limitations is a significant part of the law surrounding personal injury claims.
Diane Drain
JANUARY 30, 2021
The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. Supreme Court – Statute of Limitations under FDCPA.
SCOTUSBlog
OCTOBER 11, 2022
Representing Reed, lawyer Parker Rider-Longmaid told the justices that the statute of limitations began to run at the end of the state-court litigation denying Reed’s request for DNA testing – in this case, when the TCCA denied rehearing.
LegalReader
JULY 20, 2022
Lawsuits & Litigation dump truck accidents hit and run truck accidents semi-truck accidents Statute of Limitations tanker-truck accidents truck accident attorney truck accident lawyer Who is liable for a truck accident
SCOTUSBlog
DECEMBER 1, 2022
Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case.
Day on Torts
NOVEMBER 7, 2022
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.
SCOTUSBlog
JUNE 6, 2022
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.
SCOTUSBlog
NOVEMBER 2, 2022
Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Justice Ketanji Brown Jackson’s questioning proposed a way of reading the statute that relies on its overall structure, directing a court to go down a list of provisions like a roadmap of decision. “If
HowAppealing
DECEMBER 5, 2021
“The Cell Phone Donut Hole in the Tracking Device Statute”: Retired U.S. Magistrate Judge Steven Wm. Smith (S.D. has this article in the Federal Courts Law Review
SCOTUSBlog
DECEMBER 11, 2020
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.
Law 360
DECEMBER 8, 2022
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
At the Lectern
AUGUST 29, 2022
Kuhns , the Supreme Court today holds that the anti-SLAPP statute (Code Civ. Because the CEO dismissed his petitions for restraining orders, the case involves whether the picketers can recover attorney fees under the statute. In Geiser v.
Day on Torts
AUGUST 10, 2022
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.
JURIST
JULY 10, 2022
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. According to the court’s majority opinion, issued Friday, absentee ballots must be returned by mail or personally delivered to the municipal clerk. There are exceptions for voters who are disabled or require assistance in submitting their ballots.
SCOTUSBlog
OCTOBER 5, 2022
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.
The FDA Law Blog
AUGUST 4, 2022
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.
The Crime Report
FEBRUARY 23, 2022
In the aftermath of the ruling, a number of states reworked their death penalty statutes to conform with the Court’s decision.
The Crime Report
JULY 26, 2022
A new bill in the Ohio legislature would lift the 25-year statute of limitations on criminal prosecution of rape cases, reports ABC 6. Bill Seitz, says that rape is not as serious as murder, which is the only crime in Ohio with no statute of limitations.
Gravel2Gavel
JANUARY 18, 2022
by Robert A. James and Shade Oladetimi. Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As
The Crime Report
MAY 24, 2022
Kathy Hochul would temporarily suspend its civil statute of limitations for adult sexual abuse, reports the New York Times. Legislation expected to be signed by Gov.
SCOTUSBlog
NOVEMBER 8, 2021
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 post Justices puzzled by interaction of state-secrets privilege and federal surveillance statute appeared first on SCOTUSblog.
LegalReader
JULY 7, 2021
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.
Day on Torts
NOVEMBER 4, 2021
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.”
At the Lectern
JULY 9, 2021
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?” On Monday morning, the Supreme Court will file its opinion in Shalabi v. City of Fontana. Briefs here ; oral argument video here.). Shalabi will be the first opinion in a late-May calendar case. Five early-May cases remain undecided. After Monday, there will be 18 cases left in the summer pipeline.
Day on Torts
AUGUST 20, 2021
Where plaintiffs witnessed defendants loading their personal property onto a truck but did not file their complaint for conversion until more than three years later, dismissal based on the statute of limitations was affirmed.
Constitutional Law Reporter
SEPTEMBER 10, 2021
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.
LegalReader
APRIL 29, 2022
In some situations, the time limit for filing personal injury claims can be extended.
C|M|LAW Library
FEBRUARY 16, 2021
should be avoided for statutes, and replaced with two section symbols – §§ – to show multiple statute sections. Occasionally when reading law review articles or other legal materials, you will see the Latin abbreviation et seq.
LegalReader
APRIL 12, 2022
The statute of limitations is a rule that places (you guessed it) limits on plaintiffs who want to sue for personal injuries.
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