U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more
The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more
U.S. Eleventh Circuit Court of Appeals - Guan v. Ellingsworth Res CA - bankruptcy - Doty v. State - capital case, postconviction relief - Owens v. State - postconviction relief, multiple motions - Davis v. State -...more
U.S. Eleventh Circuit Court of Appeals - N Am Sugar v. Xinjiang Goldwind - personal jurisdiction - Stalley v. Lake CI Warden - § 1983, deliberate indifference...more
U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more
U.S. Eleventh Circuit Court of Appeals - USA v. Armstrong - sentencing - MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA...more
U.S. Eleventh Circuit Court of Appeals - Baxter v. Hendren - appellate jurisdiction, not pursuing claim, § 1983, excessive force, battery...more
U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more
U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark - elections, federal officer removal, special purpose grand jury, federal question - Gemini...more
U.S. Eleventh Circuit Court of Appeals - Siples v. BR Exploration – Daubert, causation testimony, toxic exposure - Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness - Hidroelectrica Santa Rita v....more
On January 7, 2022, the United States District Court for the Eastern District of North Carolina notified the public of proposed amendments to the Local Civil, Criminal, and Admiralty Rules of Practice and Procedure. These...more
The Supreme Court of the United States issued four decisions today: Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...more
With four decisions yesterday, the Court has now cut its backlog down to the mid-teens. And with decisions likely today as well, the Court is well on its way to clearing the docket as the term ends....more
No, this does not mean what you may think. I believe the best way to protect animals, is to provide for their humane care by their owners. This position is juxtaposed to those who believe animals should be considered...more
What happens when the Supreme Court changes the interpretation of the law under which a federal inmate was convicted, such that the person would be innocent under that new interpretation?...more
New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843: This case involves a constitutional challenge to a New York handgun-licensing law. New York makes it a crime to possess a firearm without a license. ...more
New York State Rifle & Pistol Association, Inc. v. Bruen is the long-awaited New York gun licensing decision that has been hotly debated since its filing. Especially in light of recent school shootings, that debate is likely...more
I’m currently in the wilds of Alaska, learning about the training of sled dogs. Nevertheless, word of the Supreme Court’s five most recent decisions has traveled northward. While none of these decisions is earthshaking, they...more
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more
Public Policy Group attorneys Phil Goldberg and Christopher Appel, working with partner Scott Chesin in the firm’s New York office, filed an amicus brief urging the New York high court to reject a writ of habeas corpus that...more
This week, the New York Court of Appeals rejected a bid for writ of habeas corpus from an unusual petitioner: Happy, a 51-year-old, female Asian elephant, currently living in captivity at the Bronx Zoo....more
Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more
Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more
The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On Monday, the Court released another blog-worthy en banc opinion when it affirmed per...more
Court Holds 2009 Amendments to 31 U.S.C. § 3729(a)(1)(B) Apply Retroactively - United States ex rel. International Brotherhood of Electrical Workers Local Union No. 98 v. The Fairfield Company (July 13, 2021), No. 20-1922...more