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Supreme Court

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

The Supreme Court on Wednesday gave federal trial courts more discretion over whether children in some international custody disputes must be returned to their home countries. The unanimous decision in Golan v. Saada was the latest in a series of cases interpreting the Hague Convention on the Civil Aspects of International Child Abduction, an international agreement adopted in 1980 to deal with international child abduction during domestic disputes.

Under the Hague Convention, children who are wrongfully taken from the … Read the rest

Circuit Courts

Just the Facts: Revocations for Failure to Comply with Supervision Conditions and Sentencing Outcomes

About five percent of federal supervision cases closed in 2021 resulted in people being sent back to federal prison because of revocations resulting solely from technical violations.
Judiciary News – United States Courts… Read the rest

Civil Law

Third Circuit Affirms Law Student’s Cyberstalking Plea, Holding Federal Criminal Cyberstalking Statute Does Not Violate Constitution

This week the Third Circuit Court of Appeals upheld a federal criminal law passed in 2013 regarding cyberstalking, holding that it passes constitutional muster. U.S. v. Yung, Case No. 19-1640 (3d Cir.). The case arose in the context of a criminal matter involving a student who was rejected from Georgetown University Law Center after interviewing with an alumni representative. The decision issued by a three-judge panel is precedential and will impact other federal cyber litigations. Read on to learn … Read the rest

Supreme Court

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).

The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest

Civil Law

Judge Nealon of Lackawanna County Notes That Direct and Vicarious Theories May Be Pursued Against Employer For Negligence by Employee

In the motor vehicle accident case of Shaver v. Levelle, No. 21-CV-2465 (C.P. Lacka. Co. May 26, 2022 Nealon, J.), the defendant-motorist’s employer filed preliminary objections seeking to dismiss plaintiff’s claims for negligent entrustment, hiring, and training as legally insufficient since the motorist admitted that he was an employee of the employer at the time of the accident.

Judge Nealon reviewed the law on this issue in detail and noted that several federal district courts and at least one common

… Read the rest

Supreme Court

Medical marijuana money and purses without probable cause

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Can a police officer rummage through your purse if they find you in someone else’s home that they have a warrant to search? And if your purse contains suspicious amounts of allegedly state-licensed medical marijuana, can federal authorities prosecute you for possession of a controlled substance? This week we highlight … Read the rest

Circuit Courts

Pride Month Heritage Spotlight: Judge Judith Levy

Judge Judith E. Levy considers the Stonewall rebellion in 1969 as the tipping point in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community’s quest for equality and inclusion. In recognition of LGBTQ Pride Month, a new video profile explores Levy’s experience coming out, her pursuit of a career in law, and the social change advocates who inspired her.
Judiciary News – United States Courts… Read the rest

Supreme Court

Justices earned extra money from books and teaching in 2021, disclosures show

Justice Amy Coney Barrett received $ 425,000 last year as part of a book deal reportedly worth $ 2 million, while Justice Neil Gorsuch received just over $ 250,000 in book royalties. The news came in financial disclosures released on Thursday by the Administrative Office of the U.S. Courts, the administrative agency of the federal judiciary.

The justices are required to file the financial disclosures every year by May 15, although Justice Samuel Alito’s disclosure was not included in … Read the rest