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.

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.

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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].”

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.

“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

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.

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

“Supreme Court Case Tests FTC’s Powers to Recoup Ill-Gotten Gains; Justices voice mixed views suggesting history, though maybe not statute, is on FTC’s side in case involving race-car driver Scott Tucker”

HowAppealing

“Supreme Court Case Tests FTC’s Powers to Recoup Ill-Gotten Gains; Justices voice mixed views suggesting history, though maybe not statute, is on FTC’s side in case involving race-car driver Scott Tucker”: Brent Kendall of The Wall Street Journal has this report.

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 prosecutor concerned over violent outbreaks in West Bank

JURIST

International Criminal Court (ICC) chief prosecutor Fatou Bensouda expressed concern Wednesday over the escalation of violence in East Jerusalem and around Gaza, warning of potential violations under the Rome Statute.

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.

Northern Ireland inquests into ‘Troubles’ deaths conclude British Army used ‘clearly disproportionate’ force

JURIST

It has been reported that all prosecutions over incidents that occurred prior to the 1998 agreement would be excluded by a statute of limitations, applicable both to former British Army soldiers and paratroopers.

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

Can China’s New “Blocking Statute” Combat Foreign Sanctions?

Conflict of Laws

A blocking statute is adopted by a country to hinder the extraterritorial application of foreign legislation. [1] Unlike the EU Blocking Statute, the Chinese Blocking Rules do not provide an annex listing the legislation subject to the blocking but grant the Working Mechanism discretion.

Siding with the Attorney General over district attorneys, Supreme Court upholds constitutionality of statute ending most transfers to adult courts of crimes committed by juveniles under 16

At the Lectern

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. California’s Attorney General, however, supported the position of the petitioner — who was charged with committing two murders when he was 15 years old — that the statute was a valid amendment.

Burke Wins Settlement Against Traditionalist Worker Party

LegalReader

Featured Article Verdicts & Settlements Burke city Confederate David Duke dismantle far-right fight group hate group KKK law lawsuit leader pursue justice rally removal settle settlement statute suit Traditionalist Worker Party TWP Unite the Right unity white supremacy win

Cert. Watch: Servotronics v. Rolls-Royce

LettersBlogatory

Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. Arbitration Judicial Assistance Statute 1782 arbitrationReaders, I am keeping my eye on the cert. petition in Servotronics, Inc.

“Alabama woman’s case becomes test of federal anti-riot law; The Justice Department dispatched its top terror prosecutor to defend a statute the Trump administration turned to in its fight against violence at racial justice protests”

HowAppealing

“Alabama woman’s case becomes test of federal anti-riot law; The Justice Department dispatched its top terror prosecutor to defend a statute the Trump administration turned to in its fight against violence at racial justice protests”: Josh Gerstein of Politico has this report

Case of the Day: In re Newbrook Shipping

LettersBlogatory

Judicial Assistance StatuteThe case of the day is In re Newbrook Shipping Corp. (D. 2020). Nardella Corp., a Nevis company, obtained an order from a South African court to arrest the M/V Falcon Traveller to provide security for a claim in an arbitration in Singapore regarding the arrest of another vessel, the M/V Falcon Carrier. Newbrook challenged the arrest, and the South African court set it aside on the grounds. Source.

Court 40

Case of the Day: Banca Pueyo v. Lone Star Fund IX

LettersBlogatory

Judicial Assistance Statute 1782The case of the day is Banca Pueyo S.A. Lone Star Fund IX (US), LP (5th Cir. 2020). The case addresses an important point about § 1782 procedure, namely, when a decision is sufficiently final to permit an appeal. I preface the discussion by saying that if you find yourself in a § 1782 appeal, you’re probably not where you want to be. If you’re the applicant appealing, the time available in the. Source.

New Wrinkle in Pre-1972 Sound Recording Cases – Georgia Supreme Court Holds that iHeart Streaming Does Not Violate State Criminal Statute

Broadcast Law Blog

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording. The state criminal statutes prohibiting the transfer of recordings without permission were meant to prevent bootlegging of pre-1972 sound recordings – i.e. the unauthorized duplication and sale of such recordings.

What's the FCC's Statute of Limitations Policy on Broadcast Fines? New Cases Give Some Clarification

Broadcast Law Blog

FCC Fines FCC forfeiture FCC statute of limitations how long does the FCC have to fine a station liability for FCC fines after station sale notice of apparent liabilityWhen a problem arises with a station that could give rise to a fine, how long does the FCC have to act on that complaint and issue a fine ? How long must a licensee worry about that problem and whether it will result in a fine? Does a sale cut off liability for a problem when the seller was the licensee?

Supreme Court to Decide on Tax Audit Statute of Limitations

TheParalegalResource

7, 2011), involving the statute of limitations on federal income tax deficiencies. The Supreme Court has decided to review Home Concrete & Supply, LLC v. United States, No. 09-2353 (4th Cir. Crux of the matter: Can the Internal Revenue Service (IRS) go as far back as six years to audit taxpayers, or is it limited to a three-year period

Legal Research Finally Demystified.

TheResearchingParalegal

Case Law Court Rules Federal Law Internet Law Journals Law Reviews Legal Encyclopedia Legislative History Mandatory Law Primary Law Regulations Research Secondary Resources State Law Statutes Eric Voight Legal Analysis Legal ResearchLegal Research Demystified, by Eric Voight, Professor of Legal Research and Writing, Faulkner University. link] (table of contents and a sample chapter).

Nevada: Foreign Corporation Publication Requirements

Parasec

Foreign corporations doing business in the state of Nevada are required to publish an annual statement in a Nevada newspaper (with a total weekly circulation of at least 1,000) pursuant to Nevada Revised Statute 80.190 (NRS 80.190). The statute does not provide for any extensions. State News Nevada Annual Publication Requirement Nevada Foreign Corporation Publication Requirements Nevada Revised Statute 80.190 Parasec

Florida Court Finds Trial Court Erred in Excluding Evidence That Someone Other Than the Defendant Had a Motive to Kill the Victim

EvidenceProf Blog

Similar to its federal counterpart, section 90.404(2)(a) of the Florida Statutes states that Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of

Federal appeals court allows Missouri to enforce vegan food label law

JURIST

Missouri enacted a statute in 2018 that makes “misrepresenting a product as meat that is not derived from harvested production livestock or poultry” a class A misdemeanor, which can include up to one year imprisonment and a $1,000 fine.

Falling behind on rent could mean jail time in one state, but that could change

ABAJournal

Nicole Clowney, D-Fayetteville, introduced a bill Thursday that would repeal the state’s criminal “failure to vacate” statute. Arkansas state Rep. First enacted in 1901, the…