Civil Law

Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law

Preface

The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest civil lawsuit with the people’s courts”, thereby clarifying for the first time the application of civil … Read the rest

Supreme Court

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

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In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest

Civil Law

New Zealand links hepatitis A berry cases to EU illnesses

Officials in New Zealand investigating Hepatitis A cases linked to berries have identified a connection with a past outbreak in Europe.

There are 12 hepatitis A infections from eating frozen berries in New Zealand. Eight have been linked by genetic sequencing, meaning they were likely exposed to the same source of the virus. Seven people have been hospitalized. The virus attacks the liver. The Ministry for Primary Industries (MPI) was informed by the Ministry of Health of three Hepatitis A … Read the rest

Civil Law

Court action in case against former Blue Bell chief continues despite hung jury

— ANALYSIS —

Today the U.S. Court for the Western District of Texas is giving its first attention since Aug. 15 to the criminal case involving former Blue Bell chief Paul Kruse.   

“The court hereby sets and directs the parties, or counsel acting on their behalf, to appear by phone for an initial pretrial conference on 10/05/2022 at 10:10 AM, “ the federal case dockets says.

The court declared a mistrial in the case on Aug. 15 after a jury trial broke … Read the rest

Supreme Court

Navigating the waters of the new term

Navigating the waters of the new term

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A View from the Courtroom is an occasional series offering an inside look at oral arguments and opinion announcements unfolding in real time.

It is the first day the court has welcomed the general public into the courtroom since early 2020. The courtroom will be pretty full today, but not knee-to-knee full, as it was Friday for Justice Ketanji Brown Jackson’s investiture.

The lectern and counsel tables have been returned to their normal positions close to the bench, … Read the rest

Supreme Court

At Jackson’s investiture, the courtroom brims with politicians as the justices find their new seats

At Jackson’s investiture, the courtroom brims with politicians as the justices find their new seats

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A View from the Courtroom is an occasional series offering an inside look at oral arguments and opinion announcements (and other Supreme Court events) unfolding in real time.

In the wake of last term’s controversial decisions, and with the Supreme Court’s public approval ratings at historic lows, some of the justices have recently been taking potshots at each other in the media. But on Friday, the justices appear to put aside their differences, at least for a day, … Read the rest

Circuit Courts

Judges Welcome New and Native-Born Citizens to Celebrate the Constitution

Federal judges are taking part in a monthlong celebration of Constitution Day and Citizenship Day, presiding over special naturalization ceremonies at sports stadiums and local landmarks, leading public readings of the Constitution, and conducting civics education conversations with students.
Judiciary News – United States Courts… Read the rest