Justices grant review in cases on Bank Secrecy Act and False Claims Act

Justices grant review in cases on Bank Secrecy Act and False Claims Act

Share

The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who … Read the rest

Justices curtail ability to get discovery in U.S. court for use in international arbitrations

Justices curtail ability to get discovery in U.S. court for use in international arbitrations

Share

In a decision that was much anticipated in the international business community, the Supreme Court on Monday clarified the scope of 28 U.S.C. § 1782, which allows an interested party to obtain discovery in the United States “for use in a proceeding in a foreign or international tribunal.” The court unanimously held in ZF Automotive US, Inc. v. Luxshare, Ltd. and AlixPartners, LLP v. Fund for Protection of Investors’ Rights in Foreign States that only a governmental or intergovernmental … Read the rest

Pennsylvania’s congressional map returns to the court

Pennsylvania’s congressional map returns to the court

Share

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.

Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. When the justices deny an emergency application, however, that is not necessarily the end of the road. The party that sought relief can still file a … Read the rest

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

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

Share

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

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

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

Share

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

Medical marijuana money and purses without probable cause

Medical marijuana money and purses without probable cause

Share

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

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

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

Share

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