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27 Mar 2017, 4:18 am
” At Vinson & Elkins’ Lincoln’s Law Blog, Ralph Mayrell and John Elwood look at a pending cert petition in a False Claims Act case that asks whether relators can avail themselves of a statute of limitations tolling provision when the government has declined to intervene in the case. [read post]
1 Apr 2010, 7:48 am
” In light of all this week’s decisions, John Elwood at the Volokh Conspiracy predicts who will author opinions in the cases remaining to be decided from the October Sitting. [read post]
13 Oct 2023, 12:12 pm
Elwood was on to something. [read post]
16 Oct 2017, 8:55 am
As this blog’s John Elwood reported last week, there is apparently no division among the lower courts on the question that the justices have agreed to review – suggesting that the justices regard the issue as particularly important. [read post]
1 Jun 2015, 10:49 am
[Disclosure: John Elwood, a frequent contributor to this blog, is among the counsel to the petitioner in the case.] [read post]
21 Mar 2012, 6:25 am
At this blog, John Elwood reviews Monday’s relisted and held cases. [read post]
22 Oct 2018, 7:25 am
One interesting tidbit – from the desk of the estimable John Elwood – is that we’ve seen this month the first rejection this century of a cert petition complaining about pre-emption of an arbitration provision. [read post]
13 May 2010, 10:08 am
Some candidates being mentioned include: White House lawyer Donald Verrilli and Deputy Solicitor General Neal Katyal (CNN) Washington Governor Christine Gregoire (National Journal, Seattle Times) In non-nomination news: At the Volokh Conspiracy, John Elwood predicts a summary reversal in Jefferson v. [read post]
12 Jan 2011, 6:19 am
But John Elwood at the Volokh Conspiracy observes that only “[f]ive of the current members of the Court had unanimous debut opinions. [read post]
20 Jan 2011, 6:34 am
” The Volokh Conspiracy’s John Elwood, Balkinization’s Jason Mazzone, ABA Journal’s Debra Weiss, and the WSJ Law Blog’s Nathan Koppel all point out that the Court is especially critical of the Ninth Circuit in Harrington: Justice Kennedy characterizes Judge Reinhardt’s opinion as exhibiting “judicial disregard for the sound and established principles that inform [the] proper issuance” of the writ. [read post]
21 Apr 2010, 6:50 am
” Indian Country Today discusses arguments by American Indian legal advocates for John Echohawk, or another American Indian nominee, to replace Stevens — whose record, one contends, was a “mixed bag” on Indian issues. [read post]
9 Oct 2013, 7:40 am
But at the cert. stage, the case was relisted four times (“quarce,” as John Elwood reported for this blog) before cert. was finally granted. [read post]
14 May 2019, 4:08 am
Briefly: In the latest episode of SCOTUStalk, John Elwood joins Amy Howe to talk about cert petitions at the Supreme Court. [read post]
20 Jan 2011, 6:34 am
” The Volokh Conspiracy’s John Elwood, Balkinization’s Jason Mazzone, ABA Journal’s Debra Weiss, and the WSJ Law Blog’s Nathan Koppel all point out that the Court is especially critical of the Ninth Circuit in Harrington: Justice Kennedy characterizes Judge Reinhardt’s opinion as exhibiting “judicial disregard for the sound and established principles that inform [the] proper issuance” of the writ. [read post]
8 Feb 2024, 12:51 pm
(Links to many of those previous columns are available in my December column.)Interested readers can find the details of Moore in that December column and in a very good SCOTUSblog piece by John Elwood, but the case arises because Congress in 2017 imposed a tax on some firms' "undistributed retained earnings. [read post]
12 Jan 2018, 12:54 pm
As John Elwood reported earlier this week, the federal government had actually recommended that the justices take up this case rather than its own petition on the same question, because it was concerned that its rehearing petition in the U.S. [read post]
2 Jul 2012, 12:47 pm
John Elwood offers a more elaborate discussion of some of the relevant issues. [read post]
24 Feb 2011, 6:27 am
Briefly: Here at SCOTUSblog, John Elwood reports that the Court denied cert. on Tuesday in two cases that had been relisted three times; the cases presented the question of whether the Court’s decision in Almendarez-Torres v. [read post]
28 May 2013, 11:20 am
(DISCLOSURE: Rosemond’s lawyer in the case is John P. [read post]
19 Mar 2018, 9:50 am
As this blog’s John Elwood has explained, those cases “stand for the proposition that courts must defer to an agency’s interpretation of its own ambiguous regulation unless that interpretation is plainly erroneous or inconsistent with the regulation. [read post]
