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

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JURIST

NOVEMBER 28, 2021

A US District Court jury in Virginia decided Tuesday that 17 white nationalist leaders and organizers of the deadly 2017 “Unite the Right” rally in Charlottesville are liable for more than $26 million in damages. In August 2017, white nationalists and supremacists marched through Charlottesville and the University of Virginia campus.

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SCOTUSBlog

AUGUST 22, 2023

Here’s the Tuesday morning read: Supreme Court Is Asked to Hear a New Admissions Case on Race (Stephanie Saul & Adam Liptak, The New York Times) The Supreme Court and the Federal Officer Removal Statute (Steve Vladeck, One First) Supreme Court Blocks West Virginia Bid to Challenge CFPB Funding (Evan Weinberger, Bloomberg Law) The Supreme Court (..)

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Law 360

SEPTEMBER 19, 2023

Virginia and 17 other states backed Montana in TikTok's free speech fight over a new Treasure State law that seeks to ban the Chinese-owned social media app in its borders, arguing that the law is a "garden variety consumer protection statute" and well within the states' police power.

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Conflict of Laws

MARCH 10, 2021

In November 30 2020, the Nigerian Court of Appeal delivered a third decision where it declined to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement. [3] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. I would automatically rule-out Virginia and North Carolina as too close to the PTO HQ; and also rule-out Arkansas as too close to the Dallas Office.

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At the Lectern

OCTOBER 24, 2022

2d 711, where a divided court held to be unconstitutional Civil Code statutes prohibiting inter-racial marriages. Virginia (1967) 388 U.S. The high Court noted that California’s Supreme Court was “[t]he first state court to recognize that miscegenation statutes violate the Equal Protection Clause Sharp (1948) 32 Cal.2d

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LettersBlogatory

AUGUST 25, 2021

He later sued Heard in Virginia for libel in light of a Washington Post column in which he claimed she had falsely characterized him as a domestic abuser. While the Virginia case was pending, the English case was decided against Depp; the judge held that the claim failed because the statements in the Sun were substantially true.

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JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.

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SCOTUSBlog

APRIL 14, 2023

In 2014, Pugin pleaded guilty in Virginia to being an accessory after the fact to a felony. The 9th Circuit emphasized that the BIA’s interpretation of the statute “raises grave doubts about whether INA is unconstitutionally vague.” He was sentenced to 12 months in prison, although he was only required to serve three months.

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At the Lectern

SEPTEMBER 29, 2022

2d 711, where a 4-3 California Supreme Court held to be unconstitutional Civil Code statutes prohibiting “[a]ll marriages of white persons with negroes, Mongolians, members of the Malay race, or mulattoes.” Supreme Court struck down state statutes that banned inter-racial marriages. Virginia (1967) 388 U.S.

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JURIST

SEPTEMBER 29, 2023

A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. In 2017 in Charlottesville, Virginia , during the “Unite the Right Rally” to protest the removal of a statue of Confederate Gen.

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SCOTUSBlog

AUGUST 6, 2021

Virginia concerns the power of a state attorney general to bring lawsuits on behalf of private parties who would otherwise be subject to an arbitration agreement. The case involves a lender, NCFS, who between 2012 and 2018 provided loans to over 47,000 people in Virginia with interest rates that ranged from 34% to 155%.

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Day on Torts

DECEMBER 20, 2021

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. …

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The Crime Report

JUNE 21, 2021

Among all three agencies, there’s consensus that Virginia goes above and beyond the federal government — and at least 10 other states — in the length and restrictiveness of its list of so-called barrier crimes.

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SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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SCOTUSBlog

JUNE 27, 2023

The plaintiff in the case was Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. By relabeling their long-arm statutes,” she wrote, “States may now manufacture ‘consent’ to personal jurisdiction.” This article was originally published at Howe on the Court.

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Constitutional Law Reporter

AUGUST 28, 2023

Facts of the Case Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. After he left the company, Mallory moved to Pennsylvania for a period before returning to Virginia. Along the way he was diagnosed with cancer. Supreme Court’s Decision The Supreme Court reversed.

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Constitutional Law Reporter

MARCH 5, 2024

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. Warner Chappell Music, Inc.

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The Crime Report

NOVEMBER 24, 2021

The latest research, conducted by Jeffrey Swanson, Josie Caves Sivaraman, Brett Gardner, and Darrell Miller , of Duke University and the University of Virginia, examines the rationale and effectiveness of the laws within the landscape of the 50 states. Josie Caves Sivaraman , Ph.D., Brett Gardner , Ph.D., Darrell Miller , JD, is a Melvin G.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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JURIST

JULY 21, 2021

The US District Court for the Eastern District of Virginia on Friday granted Microsoft Corporation (Microsoft) a temporary restraining order (TRO) requiring domain registrars to disable service on the malicious “homoglyph” domains identified in Appendix A to Microsoft’s complaint. Microsoft confirmed receipt of the order on Monday.

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SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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SCOTUSBlog

NOVEMBER 4, 2022

When Daye was convicted under Virginia law on three charges of bringing marijuana into the state, immigration officials brought removal proceedings against him under the federal law that lists a “crime of moral turpitude” as grounds for deportation. Everton Daye received a visa to move from Jamaica to the United States in 2008.

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SCOTUSBlog

JANUARY 5, 2024

That prompted the challengers – Ohio, Indiana, and West Virginia, along with trade associations and companies affected by the plan – to come to the Supreme Court last fall, asking the justices to intervene. Court of Appeals for the D.C. Circuit declined to put the rule on hold while a challenge to the plan continued in the lower courts.

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S.

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Livesay&Myers

MARCH 22, 2021

The Virginia legislature has made a significant change to Virginia Code § 20-108.1 Under the current child support statute, when the court determines each parent’s income level for a final child support amount, the court may impute income to a party if it finds that party is voluntarily underemployed or voluntarily unemployed.

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SCOTUSBlog

NOVEMBER 5, 2021

When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. One juror at Loughry’s trial, it was later discovered, liked and retweeted multiple articles that were critical of Loughry before the trial.

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Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. Celgene Corp. Mylan Pharma ( Fed. Lets talk first about acts of infringement.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. United States (involving the prosecution of the former Virginia governor), Kelly v. This week’s installment will be brief, because there’s only one newly relisted case: Dubin v. United States. Think McDonnell v.

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The IP Law Blog

AUGUST 11, 2022

Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute? District Court for the Eastern District of Virginia, which granted summary judgment in favor of the USPTO. Thaler, assignee, filed U.S. Patent Appl. 16/524,350 (“the ’350 Appl.”)

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Broadcast Law Blog

JULY 18, 2021

federal issue ads) – a requirement that was imposed by statute almost two decades ago but never reflected in the FCC rules. The Notice of Proposed Rulemaking containing these updates is to be considered at the Commission’s regular monthly open meeting to be held on August 5.

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SCOTUSBlog

NOVEMBER 20, 2023

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” And in Erlinger v. The court designated six cases as bellwether cases.

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SCOTUSBlog

OCTOBER 30, 2021

New York finds solace in the Statute of Northampton (1328), which forbade any person to “bring no force in affray of the peace, nor to go nor ride armed” in certain places. Sir John Knight (1686) read the statute to prohibit “going or riding armed in affray of peace,” i.e., in a manner “to terrify the King’s subjects.”

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SCOTUSBlog

DECEMBER 6, 2021

In 2003, Justin Eugene Taylor sold marijuana in Richmond, Virginia. The case involves the interaction of two federal criminal statutes. The second statute is 18 U.S.C. § In line with that method, both sides spend most of their briefs meticulously parsing the language of the two interlocking statutes.

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ClimateChange-ClimateLaw

AUGUST 31, 2022

The 87 enactments in the collection encompass statutes and appropriations bills that were passed by Congress and signed by the president—including every president since President Jimmy Carter. The United States Supreme Court’s opinion in West Virginia v.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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