HowAppealing

MAY 13, 2023

6 obstruction cases; During an oral argument Thursday, the Justice Department seemed likely to prevail on its interpretation of a key obstruction statute”: Kyle Cheney of Politico has this report. “Three-judge panel poised to uphold Jan. The post “Three-judge panel poised to uphold Jan.

Statute 100

Statute 100

SCOTUSBlog

MAY 19, 2023

New Jersey’s so-called “slogan statutes” permit candidates in primary elections to have a short phrase – containing no more than six words – listed next to their names on the ballot. But before the primary elections took place, they went to court to challenge the constitutionality of the slogan statutes.

Statute 91

Statute Court Laws Court Decisions 91

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. There are exceptions for voters who are disabled or require assistance in submitting their ballots.

Statute 151

Statute Court Laws 151

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. Constitution” to Reed. Several justices did not clearly tip their hands.

Statute 135

Statute Court Laws Construction 135

SCOTUSBlog

MARCH 28, 2023

is whether and to what extent the federal trademark statute, known as the Lanham Act, applies to infringing conduct that takes place outside the United States. Last week’s argument mainly revolved around how to apply this modern test to the trademark statute, enacted in 1946, and what precedential weight, if any, to attach to Steele.

Statute 99

Statute Court Laws Government 99

HowAppealing

FEBRUARY 20, 2023

United States and the Aggravated Identity Theft Statute; 18 U.S.C. United States and the Aggravated Identity Theft Statute; 18 U.S.C. “Thoughts on Dubin v. 1028A, this is your day in court”: Orin S. Kerr has this post at “The Volokh Conspiracy.” ” The post “Thoughts on Dubin v.

Statute 100

Statute Court 100

Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. One year and one day after the accident, plaintiff filed this personal injury action, and defendant filed a motion to dismiss based on the one-year statute of limitations.

Personal Injury 52

Personal Injury Statute Cause of Action Court 52

The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

Statute 98

Statute Court Cause of Action Laws 98

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). The post Bankruptcy and New Arizona Homestead Statutes appeared first on Diane L. Bankruptcy after COVID-19.

Statute 104

Statute Attorney Court Laws 104

C|M|LAW Library

APRIL 4, 2022

You will find citation information for Ohio statutes in Table 1 of the Bluebook. jurisdictions; for more in-depth treatment of statute citations in general, have a look at Bluebook Rule 12. Here’s an example of how to cite to Ohio’s illegal bingo statute: Ohio Rev. This table covers all U.S. 2915.07 (LexisNexis 2021).

Statute 71

Statute Legal Legal 71

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. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

Statute 105

Statute Stare Decisis Court Government 105

Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. In Anderson v. Lauderdale County, Tennessee , No. W2022-00332-COA-R3-CV (Tenn. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. Dismissal was affirmed on appeal.

Statute 59

Statute Tort Court Government 59

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

Statute 95

Statute Court Laws Constitutional Law 95

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.

Statute 100

Statute Court Laws 100

SCOTUSBlog

JUNE 3, 2021

The post Justices narrow federal computer-fraud statute appeared first on SCOTUSblog. Justice Clarence Thomas wrote a dissent that was joined by Chief Justice John Roberts and Justice Samuel Alito. Check back soon for in-depth analysis of the opinion.

Statute 140

Statute Court Laws Government 140

ALPS

MAY 18, 2023

If you’re coming across this post, chances are that you’ve just Googled something like, “what is the statute of limitations for legal malpractice claims?” At the risk of using every lawyer’s favorite answer — it depends! There are multiple factors to look for that might affect the timeframe for a legal malpractice claim.

Statute 52

Statute Legal Legal Laws 52

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. In Jackson v. This ruling was affirmed on appeal.

Statute 59

Statute Tort Cause of Action Court 59

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.

Statute 74

Statute Attorney 74

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. In 2006, the UCMJ was amended to explicitly eliminate any statute of limitations for rape, rape of a child and sexual assault.).

Statute 115

Statute Court Laws Government 115

JURIST

MAY 31, 2023

The court previously refused to reexamine the statute, commonly referred to as Section 230, in a decision handed down earlier this month. The Jane Does attempted to hold Reddit liable under a federal civil sex trafficking statute , specifically, 18 USC § 1595. Taamneh and Gonzalez v. Google , LLC.

Court 221

Court Statute 221

JURIST

MAY 30, 2023

The DA went on to state: This pre-emptory court action aims to ensure that South Africa upholds its obligations in terms of the Rome Statute of the International Criminal Court, and the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (Implementation Act).

Statute 222

Statute Court 222

Day on Torts

APRIL 14, 2023

The statute of repose for defective improvements to real property did not apply where defendants were the property owners of the pipe culvert at issue in the case. The trial court found that “the statute of repose for defective improvements to real estate barred [plaintiff’s] action” and granted summary judgment to defendants.

Statute 59

Statute Real Estate Court 59

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. 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Thus, the presumption should not apply.

Statute 94

Statute Court Law School Government 94

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. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

Statute 81

Statute Court Court Rules Government 81

LegalReader

APRIL 28, 2022

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

Personal Injury 104

Personal Injury Statute Laws Personal Injury Attorney 104

HowAppealing

FEBRUARY 15, 2023

Attorney General , involving a Second Amendment challenge to the federal statute criminalizing the possession of guns by individuals convicted of a nonviolent felony: You can access the live audio on YouTube via this link. Listen live, online to the Third Circuit ‘s reargument en banc in Range v. eastern time.

Felony 100

Felony Statute Attorney Court 100

The Crime Report

FEBRUARY 27, 2023

The federal aggravated identity theft statute applies to anyone who “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person” in relation to certain felonies, Daniel Harawa reports for SCOTUSBlog.

Statute 69

Statute Court Felony Laws 69

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Attorney 59

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). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

Statute 98

Statute Mens Rea Court Felony 98

HowAppealing

DECEMBER 9, 2022

“Texas Doctor Who Violated Abortion Law Wins Dismissal of Suit; Suit was filed under law allowing private policing of statute; San Antonio doctor wrote op-ed detailing his violation of law”: Madlin Mekelburg of Bloomberg News has this report. Supreme Court overturned Roe v.

Statute 100

Statute Laws Court 100

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. Folks, Folks Hess, PLLC (1/2021). Excerpts: Can a lender collect upon a promissory note that matured six or more years ago?

Statute 104

Statute Cause of Action Court Contract 104

JURIST

APRIL 3, 2023

Bulgarian Ambassador to the Kingdom of the Netherlands Konstantin Dimitrov delivered remarks regarding the contribution, saying: Bulgaria’s contribution serves to underpin our continuous support for the work of the Trust Fund for Victims and our commitment to a truly restorative vision of justice that has been embodied in the Rome Statute.

Statute 217

Statute Court Government 217

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. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

Statute 59

Statute Tort Court Laws 59

JURIST

MAY 25, 2023

In 2015, Hennepin County seized the property, as permitted under Minnesota Statute §§281.18 , 282.07 , and sold it for $40,000. The county cited Minnesota Statute §282.08 , which states that any proceeds in excess during the sale of a seized property may be kept by the county.

Court Rules 211

Court Rules Court Government Statute 211

At the Lectern

MAY 22, 2023

The Supreme Court, in a unanimous opinion authored by Justice Liu, disagreed with the Court of Appeal’s interpretation of the statute. b), because the term “disclose” requires the revelation of new information.

Statute 40

Statute Court Laws 40

JURIST

FEBRUARY 28, 2023

” The statute contains no express exemptions for religious employers or small employers who object to abortions. A lower court decision was appealed by Evergreen Association, Inc., doing business as Expectant Mothers Care and EMC FrontLine Pregnancy Centers, a nonprofit organization that has operated in New York City since 1985.

Court 267

Court Statute Court Decisions Laws 267

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. Three years ago, in FilmOn.com Inc v. DoubleVerify Inc. 2019) 7 Cal.5th

Statute 65

Statute Court Real Estate Attorney 65