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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 183
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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 165
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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 165
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Revised Canadian Statute on Jurisdiction

Conflict of Laws

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.

Statute 52
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Bankruptcy and New Arizona Homestead Statutes

Diane Drain

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).

Statute 104
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US Supreme Court narrows application of foreign discovery statute

JURIST

” 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.

Statute 166
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Justices narrow federal computer-fraud statute

SCOTUSBlog

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.

Statute 110
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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 104
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What Is the Statute of Limitations for Personal Injuries?

LegalReader

The statute of limitations is a significant part of the law surrounding personal injury claims.

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The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,

Diane Drain

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.

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

SCOTUSBlog

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.

Statute 107
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What You Need to Know About the Statute of Limitations After a Truck Accident

LegalReader

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

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A quiet bench on the Quiet Title Act: Justices hold muted debate on statute of limitations

SCOTUSBlog

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.

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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 56
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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 71
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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. 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

Statute 81
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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. Magistrate Judge Steven Wm. Smith (S.D. has this article in the Federal Courts Law Review

Statute 100
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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.

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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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Anti-SLAPP statute applies to lawsuit against residential sidewalk picketers

At the Lectern

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.

Statute 56
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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 56
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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. 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.

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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 80
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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

The 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.

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

The Crime Report

In the aftermath of the ruling, a number of states reworked their death penalty statutes to conform with the Court’s decision.

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Ohio Weighs Lifting Statute of Limitations on Rape Cases

The Crime Report

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.

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California Statutes Authorizing Public-Private Partnership Contracting

Gravel2Gavel

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

Statute 52
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New York to Suspend Statute of Limitations on Adult Sex-Abuse Cases

The Crime Report

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.

Statute 83
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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 post Justices puzzled by interaction of state-secrets privilege and federal surveillance statute appeared first on SCOTUSblog.

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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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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 56
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Statute of limitations tolling opinion filing Monday

At the Lectern

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.

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Dismissal of conversion case based on statute of limitations affirmed.

Day on Torts

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.

Statute 56
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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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The Statute of Limitations From a Personal Injury Point of View

LegalReader

In some situations, the time limit for filing personal injury claims can be extended.

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

C|M|LAW Library

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.

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You Need to Know About the Statute of Limitations After a Truck Accident

LegalReader

The statute of limitations is a rule that places (you guessed it) limits on plaintiffs who want to sue for personal injuries.