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20 Jan 2022, 2:01 pm by John Elwood
Court of Appeals for the 5th Circuit reversed in relevant part, rejecting the states’ nondelegation challenge; the court also concluded other claims were time-barred because the states acted more than a decade after CMS promulgated the rule. [read post]
19 Jan 2022, 12:19 pm by Francis Pileggi
Supreme Court Clarifies Pre-Suit Demand Analysis Another Supreme Court decision that has already been the subject of extensive analysis but is still required reading for all corporate litigators is United Food and Commercial Workers’ Union and Participating Food Industry Employers Tri-State Pension Fund v. [read post]
12 Jan 2022, 12:35 pm by John Elwood
Smith, and if so, whether the Supreme Court should overrule Smith. [read post]
10 Jan 2022, 2:19 pm by Amy Howe
The justices added three new cases to their merits docket: United States v. [read post]
2 Jan 2022, 4:01 pm
As its name suggests, the expropriation exception supplies federal courts with jurisdiction over certain cases concerning property taken by a foreign government: A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case . . . in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United… [read post]
1 Jan 2022, 12:23 pm by Deborah J. Merritt
United States 1984) and barns (United States v. [read post]
29 Dec 2021, 6:44 am
Pennsylvania State Capitol BuildingHome of the Pennsylvania Supreme Court In the case of Mallory v. [read post]
23 Dec 2021, 7:40 am by Christopher Tyner
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
20 Dec 2021, 6:28 am by Andrew L. Levy and Bill Boak
Department of Health and Human Services, the United States Supreme Court recently struck down the CDC’s eviction moratorium in counties experiencing high levels of COVID-19 transmission. [read post]
14 Dec 2021, 5:00 am by Josh Blackman
Shortly before the first official case of COVID-19 appeared in the United States, our court decided a case involving a religious objection to another vaccine mandate. [read post]