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“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). MORE
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. MORE
“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 MORE
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. MORE
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. MORE
The Colorado Catholic Conference has claimed that removing the statute of limitations on institution-targeted lawsuits won't provide true justice. MORE
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. MORE
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. MORE
“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. MORE
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. MORE
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! MORE
” The post Federal appeals court upholds Hawaii statute limiting open carry of firearms in public appeared first on JURIST - News - Legal News & Commentary. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
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). MORE
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 MORE
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. MORE
“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 MORE
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. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
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). MORE
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].” MORE
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. MORE
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. MORE
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. MORE
The 2019 indictment against singer R. Kelly shows the flexibility of the Racketeer Influenced and Corrupt Organizations Act, according to G. Robert Blakey, the… MORE
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. MORE
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 MORE
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. MORE
“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 MORE
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. MORE
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. MORE
” 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 MORE
Statute Related Topics 
HarrisBricken
JUNE 9, 2021
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.
HarrisBricken
FEBRUARY 5, 2021
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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HarrisBricken
MAY 13, 2021
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.
HarrisBricken
JUNE 23, 2021
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!
HarrisBricken
JULY 23, 2021
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.
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.
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.
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.
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.
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.
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.
|
JURIST
JUNE 20, 2021
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.
JURIST
MARCH 26, 2021
” The post Federal appeals court upholds Hawaii statute limiting open carry of firearms in public appeared first on JURIST - News - Legal News & Commentary.
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.
HowAppealing
SEPTEMBER 2, 2021
“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
HowAppealing
AUGUST 10, 2021
“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).
Day on Torts
MAY 5, 2021
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.
APeoplesChoice
OCTOBER 13, 2020
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.
HowAppealing
AUGUST 23, 2021
“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.
LPB Network
JUNE 17, 2021
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).
HowAppealing
JULY 16, 2021
“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
Day on Torts
APRIL 16, 2021
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.
Day on Torts
MAY 4, 2021
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
At the Lectern
SEPTEMBER 20, 2021
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.
Day on Torts
FEBRUARY 8, 2021
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.
Day on Torts
FEBRUARY 18, 2021
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.
JURIST
JUNE 21, 2021
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.
Law 360
JULY 27, 2021
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
JURIST
JULY 11, 2021
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).
Gravel2Gavel
JUNE 22, 2021
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.
Day on Torts
FEBRUARY 11, 2021
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.
LegalReader
MARCH 16, 2021
The Colorado Catholic Conference has claimed that removing the statute of limitations on institution-targeted lawsuits won't provide true justice.
HowAppealing
JANUARY 29, 2021
“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
JURIST
MARCH 18, 2021
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
Day on Torts
APRIL 15, 2021
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].”
JURIST
MAY 25, 2021
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.
ABAJournal
AUGUST 9, 2021
The 2019 indictment against singer R. Kelly shows the flexibility of the Racketeer Influenced and Corrupt Organizations Act, according to G. Robert Blakey, the…
JURIST
APRIL 21, 2021
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
JURIST
MARCH 5, 2021
” 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
At the Lectern
JULY 26, 2021
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.
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