Cannabis Litigation: Know Your Statutes of Limitation!

HarrisBricken

City Council of Riverbank , in the Eastern District of California, reminded me of something: when undergoing administrative proceedings, always know the relevant statute of limitations. Statute of limitations are laws that determine the expiration date of a claim.

Cannabis Litigation: An Introduction to California’s Anti-SLAPP Statute

HarrisBricken

In follow up, here a primer on California’s anti-SLAPP statute, codified at Code of Civil Procedure, section 425.16. Anti-SLAPP motions involve a two-step process for determining whether a case or a cause of action falls within the scope of the statute.

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Oregon Cannabis Industry Proposes Changes to Rules and Statutes

HarrisBricken

Specifically, Senate Bill 408 , titled “Enforcement Reform,” that seeks to amend the statutes governing recreational marijuana and the Oregon Liquor Control Commission’s (“OLCC”) promulgation and application of administrative rules.

Ketamine Clinics and the Federal Anti-Kickback Statute: Beware!

HarrisBricken

the Federal anti-kickback statute (“AKS”) is a criminal statute. The AKS is a complex statute with many nuances. The post Ketamine Clinics and the Federal Anti-Kickback Statute: Beware!

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

HarrisBricken

In a prior post , we discussed the federal anti-kickback statute (the “AKS”) and the implications for ketamine clinics. After a bench trial, the federal District Court found no violation of the foregoing statutes. The AKS is a criminal statute with criminal penalties.

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.

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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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.

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.

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.

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.

US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill

JURIST

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute.

Federal appeals court upholds Hawaii statute limiting open carry of firearms in public

JURIST

” The post Federal appeals court upholds Hawaii statute limiting open carry of firearms in public appeared first on JURIST - News - Legal News & Commentary.

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.

“Texas’s Abortion Law Blunder: The Supreme Court was right not to interfere for now, but the statute won’t survive scrutiny on the merits.”

HowAppealing

“Texas’s Abortion Law Blunder: The Supreme Court was right not to interfere for now, but the statute won’t survive scrutiny on the merits.” ” This editorial will appear in Friday’s edition of The Wall Street Journal

“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”

HowAppealing

“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”: William Morris of The Des Moines Register has this report. Maya Earls of Bloomberg Law reports that “ Iowa ‘Ag Gag’ Law Partially Upheld Despite Free Speech Concerns ” (subscription required for full access).

Insurance statute did not create private right of action for general contractor

Day on Torts

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

Changing Property Division in a California Divorce Agreement – Requirements and Statute on Limitations

APeoplesChoice

To read the complete article, please click on the link Changing Property Division in a California Divorce Agreement – Requirements and Statute on Limitations This post appeared first on A People's Choice - Legal Documents - Without the Lawyers.

“Ninth Circuit sides with Sirius XM in dispute over pre-1972 music royalties; The court found that California’s ‘exclusive ownership’ statute never applied to public performance on radio”

HowAppealing

“Ninth Circuit sides with Sirius XM in dispute over pre-1972 music royalties; The court found that California’s ‘exclusive ownership’ statute never applied to public performance on radio”: Nate MacKay of Courthouse News Service has this report on a ruling that the U.S.

SCOTUS Decision in Nestle v. Doe: More on the Alien Tort Statute

LPB Network

The plaintiffs brought claims under the Alien Tort Statute (ATS) against two American companies—Nestlé USA and Cargill—that “purchase, process, and sell cocoa. Today the Supreme Court issued its decision in Nestlé USA, Inc. Doe (covered earlier here).

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“New Texas Abortion Statute Raises Cutting-Edge Questions Not Just About Abortion but About the Relationship Between State and Federal Courts”

HowAppealing

“New Texas Abortion Statute Raises Cutting-Edge Questions Not Just About Abortion but About the Relationship Between State and Federal Courts”: Law professors Vikram David Amar and Jason Mazzone have this essay online at Justia’s Verdict

Car accident statute of limitations held to began on date of accident.

Day on Torts

Where a car accident plaintiff filed suit against the other driver’s insurance company within the statute of limitations, but failed to add the other driver as a party until two days after the statute of limitations had run, dismissal was affirmed.

Traffic Citations:  Their Impact on Statutes of Limitations in Tennessee Personal Injury and Wrongful Death Cases

Day on Torts

My newest column it Tennessee Bar Journal: Traffic Citations: Their Impact on Statutes of Limitations in Personal Injury and Wrongful Death Cases.” ” Limitation of Actions

Legislature likes, clarifies Supreme Court interpretation of statute narrowing murder liability

At the Lectern

Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute. Two months ago , the Supreme Court in People v. Lewis (2021) 11 Cal.5th 952 interpreted Penal Code section 1170.95, which was enacted in Senate Bill 1437 , 2018 legislation narrowing murder liability under the felony murder theory and the natural and probable consequences doctrine.

Statute of limitations extended to two years where defendant was given traffic citation after car accident.

Day on Torts

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. In this case, the sole issue was whether this statute was “applicable to traffic citations,” which was a matter of first impression in Tennessee.

HCLA statute of limitations for claim against doctor and hospital began to run on same date.

Day on Torts

HCLA statute of limitations for claim against doctor and hospital began to run on same date. When considering the statute of limitations for an HCLA claim, plaintiffs must be careful not to delay until they discover the full extent of their injuries.

Wisconsin Supreme Court strikes down law allowing warrantless blood alcohol testing of unconscious drivers

JURIST

Under Wisconsin Statute § 343.305 , an officer can request a blood sample from the driver of a vehicle involved in an accident resulting in the death or great bodily harm to another person. The court said that consent “deemed” by the statute was not the same as actual consent.

Calif. High Court Clears Up FEHA Statute Of Limitations Issue

Law 360

The California Supreme Court on Monday revived a woman's claim that she was denied a promotion after turning down her boss' sexual advances, finding the state Fair Employment and Housing Act's statute of limitations requires a lower court to determine when she learned she wasn't getting promoted

UN investigator: Israeli settlements in West Bank, East Jerusalem amount to war crime

JURIST

Special rapporteur Michael Lynk addressed a meeting of the Human Rights Council, in which he gave a report about whether the settlements violated the 1998 Rome Statute of the International Criminal Court (ICC).

A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

Gravel2Gavel

by Anthony B. Cavender. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT.

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Summary judgment for HCLA defendants affirmed based on statute of limitations and lack of duty.

Day on Torts

Further, where the other defendant was added as a party after the statute of limitations had run, summary judgment for that defendant was also affirmed. Because plaintiff was a minor when the incident occurred, the statute of limitations was tolled until he turned eighteen.

Colorado Lawmakers Debate Bill That’d Let Child Sex Abuse Survivors Sue Institutions Years Later

LegalReader

The Colorado Catholic Conference has claimed that removing the statute of limitations on institution-targeted lawsuits won't provide true justice.

“The Constitution Can Crack Section 230: Tech companies think the statute allows them to censor with impunity; The law is seldom so simple.”

HowAppealing

“The Constitution Can Crack Section 230: Tech companies think the statute allows them to censor with impunity; The law is seldom so simple.” ” Law professor Philip Hamburger will have this op-ed in Saturday’s edition of The Wall Street Journal

Philippines Supreme Court dismisses petition against ICC withdrawal

JURIST

The first, filed in May 2018 by opposition party senators, argued that withdrawal from the Rome Statute (and the ICC by extension) requires a 2/3 majority concurrence in the Senate. ICC International duterte icc Philippines Rodrigo Duterte Rome Statute

Vicarious liability claim under HCLA not barred due to statute of limitations running out on claim against non-party agent.

Day on Torts

Defendant argued that plaintiff’s claim could not stand because it was “premised solely on vicarious liability, but the underlying claims against the alleged agents were barred by the statute of limitations at the time suit was filed against [defendant].”

Supreme Court allows case against US for causing toxic waste pollution in Guam

JURIST

The Navy had argued that Guam was responsible for the costs because it took “response actions,” which, under CECLA, would trigger the statute of limitations to toll. If the statute of limitations began to run, it would be more than six years passed, thus making it too late for Guam to bring this claim. ” The court thus held that, for an action to be considered a CERCLA response to toll the statute of limitations, CERCLA-specific liability must have been found.

Use of racketeering statute against singer R. Kelly, whose trial starts this week, may be ‘uncharted territory’

ABAJournal

The 2019 indictment against singer R. Kelly shows the flexibility of the Racketeer Influenced and Corrupt Organizations Act, according to G. Robert Blakey, the…

HRW: China’s actions against Uyghurs could meet criteria for crimes against humanity

JURIST

On Monday, HRW called for a UN investigation into China’s conduct, stating that China’s actions could meet the criteria for crimes against humanity under the Rome Statute of the International Criminal Court. Uncategorized China Genocide hrw human rights Human rights abuses Human Rights watch International rome statute of the international criminal court Uighurs un Uyghur Muslims Uyghurs Xinjiang Uyghur Autonomous Region

ICC launches investigation into alleged Israel war crimes in Palestinian territories

JURIST

” She stressed that investigations must be “grounded objectively in facts and law” and that the ICC possesses no other agenda than performing its duties mandated by its founding statute, which is to “promote accountability for Rome Statute Crimes.” ICC International Fatou Bensouda fatoubensouda foreign affairs Gaza Strip icc international criminal court Israel palestine Rome Statute war crimes

Defendants have early right to counsel when seeking post-conviction relief under recent murder statute

At the Lectern

In People v. Lewis , the Supreme Court today gives already convicted defendants a better chance of getting relief under Senate Bill 1437 , 2018 legislation which narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine.