Major OxyContin case headlines December session

Major OxyContin case headlines December session

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The justices will kick off the December argument session on Nov. 27 with oral argument in a pair of consolidated cases, Brown v. United States and Jackson v. United States, involving the Armed Career Criminal Act. The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” The question before the justices … Read the rest

Justices grant four new cases, including Chevron companion case

Justices grant four new cases, including <em>Chevron</em> companion case

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The Supreme Court has added a second case asking it to overrule its landmark 1984 decision in Chevron v. Natural Resources Defense Council to its docket for the 2023-24 term. The announcement came on a list of orders released on Friday afternoon from the justices’ private conference earlier in the day. The court will hear oral argument in both Relentless v. Department of Commerce, the case granted on Friday, and Loper Bright Enterprises v. Raimondo, which it agreed in … Read the rest

To stand or not to stand – a case of legal standing

This blog was co-authored by Sebenzile Magagula, Candidate Attorney.

A claim (Joubert and Others v Louw (CIV APP RC 08/2022) [2023] ZANWHC 102 (22 June 2023)) was dismissed by the High Court on the grounds that the respondent lacked the requisite legal standing to litigate on behalf of her husband who was the party to the contract sued on.

The claimant sued for delictual damages arising from failure by the defending attorneys to institute timeous action against a construction … Read the rest

Civil rights “tester” asks court to dismiss case

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Lawyers for a self-appointed civil rights “tester” have asked the Supreme Court to dismiss her case as moot – that is, no longer a live controversy. Deborah Laufer, who has physical disabilities and vision impairments, told the justices that she has voluntarily dismissed her case in the district court after an attorney who represented her in other cases was disciplined by a federal court in Maryland. But lawyers for the hotel company that Laufer is suing urged the justices … Read the rest

Court agrees to hear Title VII employer discrimination case

Court agrees to hear Title VII employer discrimination case

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The Supreme Court agreed to decide what protections Title VII of the Civil Rights Act of 1964 provides to employees who contend they were the victim of a discriminatory transfer. The justices announced on Friday that they had granted review in Muldrow v. St. Louis and six other cases, two of which will be argued together. (I covered one of those cases, United States v. Rahimi, in a separate article.)

The question comes to the court in the … Read the rest

Supreme Court will consider major case on power of federal regulatory agencies

Supreme Court will consider major case on power of federal regulatory agencies

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Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.  

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Justices to hear procedural question in Maryland prison-assault case

Justices to hear procedural question in Maryland prison-assault case

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Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. While Younger in custody, a prison official, Neil Dupree, directed three prison guards to attack Younger and other inmates. The guards beat Younger viciously, leaving him unconscious and bleeding profusely. Younger suffered permanent injuries to his face, wrist, ribs, hand, and leg.

Younger filed a federal civil rights claim against Dupree, alleging that the use of excessive force against him violated his constitutional rights. In the … Read the rest

What to do with the abortion case on the Supreme Court’s docket?

What to do with the abortion case on the Supreme Court’s docket?

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court will observe St. Patrick’s Day this year by meeting in conference to discuss which of the 184 petitions and applications for resolution that day should be granted favorable consideration. Only one of those cases is newly relisted: Chapman v. Doe. Jane Doe, then an unemancipated 17-year-old, went to Missouri … Read the rest