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15 May 2017, 12:13 pm by Donald Maurice
In a 5-3 decision handed down on May 15, the Supreme Court of the United States held that the federal Fair Debt Collection Practices Act (FDCPA) is not violated when a debt collector files a proof of claim for a debt subject to the bar of an expired limitations period. [read post]
28 Apr 2016, 11:51 am by Goldberg & Goldberg
  Justice Robert Jackson, writing for the court, wrote the opinion which held that the United States is not liable under the Federal Tort Claims Act for injuries that active members of the military experience due to the negligence of other active members of the military. [read post]
28 Apr 2016, 11:51 am by Goldberg & Goldberg
  Justice Robert Jackson, writing for the court, wrote the opinion which held that the United States is not liable under the Federal Tort Claims Act for injuries that active members of the military experience due to the negligence of other active members of the military. [read post]
28 Apr 2016, 11:51 am by Goldberg & Goldberg
  Justice Robert Jackson, writing for the court, wrote the opinion which held that the United States is not liable under the Federal Tort Claims Act for injuries that active members of the military experience due to the negligence of other active members of the military. [read post]
12 Sep 2019, 12:15 pm by Unknown
"Humanitarian Capital: How Lawyers Help Immigrants Use Suffering to Claim Membership in the Nation-state," Journal of Ethnic and Migration Studies, Latest Articles, 5 March 2019 [preprint]Immigration, Citizenship, and the Federal Justice System, 1998-2018 (Bureau of Justice Statistics, Aug. 2019) [text]- See also related ImmigrationProf blog post.Increasing Numbers "Remain in Mexico" Awaiting Immigration Court Hearings (TRAC, Aug. 2019)… [read post]
3 Jul 2023, 10:36 am by Jeff Welty
The decision would not be binding on state law claims brought in state court. [read post]
Without Presidential Immunity, a President will not be able to properly function, or make decisions, in the best interest of the United States of America. [read post]
23 Feb 2016, 10:08 am by Matthew L.M. Fletcher
Based on these arguments, the government asks the court to dismiss the ITCA’s claims for lack of jurisdiction pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) and for failure to state a claim pursuant to RCFC 12(b)(6). [read post]
15 May 2015, 1:29 pm by Patricia Salkin
An earlier case brought claims under the Federal Tort Claims Act (FTCA), rather than the Takings Clause of the United States Constitution. [read post]
22 Jun 2021, 7:31 am by Arfaa Law Group
This was demonstrated in a recent Maryland case in which the court declined to exercise jurisdiction over state medical malpractice claims after dismissing federal claims. [read post]
9 Nov 2022, 2:07 am by jonathanturley
” Notably, this motion alleged that he failed to state a claim for civil conspiracy under Federal Rule of Civil Procedure 12(b)(6). [read post]
20 Feb 2024, 5:50 am by DeFrancisco & Falgiatano
The United States argued that since Landers’s claims against Sessions involved actions within the scope of his federal employment, they fell under the exclusive jurisdiction of federal courts. [read post]
11 Jan 2023, 5:31 am by Curtis Bradley, Jack Goldsmith
It provides that the “district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. [read post]
Holcomb and Payne sought to reverse the decision in the Indiana Court of Appeals by claiming that the trial court abused its discretion. [read post]
28 Jan 2022, 4:20 pm by Arfaa Law Group
This was demonstrated recently in a lawsuit filed in the United States District Court for the District of Maryland. [read post]
25 Apr 2010, 5:56 pm by INFORRM
The decision handed down last week by the United States Supreme Court in United States v Stevens shows the radically different approach taken in the United States in relation questions of “extreme” and “offensive” freedom of expression. [read post]
17 Oct 2013, 9:55 am by Katherine Gasztonyi
   Judge Robinson granted the defendants’ motions to dismiss all of the plaintiffs’ claims on the grounds that the plaintiffs had not adequately alleged standing to sue in federal court and, in any event, had failed to state a claim for relief under any of the statutes invoked in their complaint.Lack of Article III Standing  To establish Article III standing—a prerequisite to bringing a private lawsuit in federal… [read post]
6 Mar 2014, 10:45 am by Arun Subramanian
The Federal Circuit’s ruling could be taken up by the United States Supreme Court next term, especially if the Solicitor General recommends granting the petition for certiorari that is sure to arrive at the Court in the next few months. [read post]