Tag: SCOTUS
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SCOTUS issues opinions in five cases
On June 1, 2020, the Supreme Court of the United States (“SCOTUS”) issued rulings in five cases argued during its October 2019-2020 term: Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment LLC (Consolidated with Aurelius Investment v. Puerto Rico, Official Committee of Debtors v. Aurelius Investment, United States v. Aurelius Investment, and…
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Unanimous U.S. Supreme Court rejects appointments clause challenge to Puerto Rican debt board
On June 1, a unanimous U.S. Supreme Court ruled that the Appointments Clause of the U.S. Constitution does not require members of the Puerto Rican Financial Oversight and Management Board (FOMB) to face confirmation by the U.S. Senate. The Appointments Clause gives the president authority to appoint officers of the United States, subject to confirmation…
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U.S. Supreme Court rejects challenge to California law limiting church attendance
On May 29, 2020, the United States Supreme Court rejected a challenge to California’s religious gathering limits, which order attendance in churches or places of worship to a maximum of 25% or 100 attendees. The 5-4 decision was joined by Chief Justice Roberts who warned against intervening in emergencies: “Where those broad limits are not…
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U.S. Supreme Court rules plaintiffs can seek punitive damages for 1998 bombings
The U.S. Supreme Court issued an opinion in Opati v. Republic of Sudan. The case originated in the United States Court of Appeals for the District of Columbia Circuit and was argued on February 24, 2020. It concerned the Foreign Sovereign Immunities Act (FSIA) and questioned if the Act prohibited plaintiffs from recovering punitive damages against…
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U.S. Supreme Court rules Lucky Brand not barred from raising new claims in trademark infringement case
Lucky Brand Dungarees v. Marcel Fashion Group was argued on January 13, 2020. The case came on a writ of certiorari to the U.S. Court of Appeals for the 2nd Circuit. It concerned trademark infringement and three legal challenges between apparel companies Marcel Fashion Group, Inc. (“Marcel”) and Lucky Brand Dungarees, Inc. (“Lucky Brand”). The…
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Maryland Sports Betting Expansion Measure will appear on November ballots
The Maryland Sports Betting Expansion Measure, a legislatively referred state statute, was certified for the ballot on May 7. The ballot measure would authorize sports and events wagering at certain licensed facilities. The state revenue generated by such activities would be primarily dedicated to funding public education. On May 14, 2018, the U.S. Supreme Court…
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U.S. Supreme Court agrees to hear case about judicial review of IRS regulations
On May 4, the U.S. Supreme Court agreed to hear CIC Services, LLC v. Internal Revenue Service, which asks whether a law that blocks preemptive lawsuits against tax collection applies to potentially unlawful regulations issued by agencies that are not taxes. Plaintiff CIC Services, LLC argues citizens should be able to “challenge illegal regulations in…
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Supreme Court issues opinions on cases involving property fraud and immigration
On May 7, the Supreme Court of the United States (SCOTUS) issued rulings in two cases argued during its October 2019 term. The court has issued 31 decisions this term. Kelly v. United States concerned a scheme to reduce local traffic lanes on the George Washington Bridge as retaliation after Fort Lee’s mayor refused to…
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SCOTUS declines to take up challenge against Pennsylvania order curtailing non-essential business operations
On May 6, the Supreme Court of the United States declined to intervene in a lawsuit over a Pennsylvania order curtailing the operations of non-essential businesses, allowing the state supreme court’s ruling, which upheld the order, to stand. On March 24, the plaintiffs (a number of Pennsylvania businesses) petitioned the Supreme Court of Pennsylvania to vacate Governor Tom Wolf’s (D) March…