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Supreme Court

A guide to the amicus briefs in the affirmative-action cases

Nearly 100 amicus briefs were filed in Students for Fair Admissions v. the University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College, the cases questioning the use of affirmative action in undergraduate admissions at both public and private universities.

Thirty-three briefs support SFFA and 60 briefs support the universities. We reviewed them all and summarized many of the noteworthy arguments.

The cases will be argued on Monday. For background on the … Read the rest

Supreme Court

Court declines to take up petition seeking to overturn Insular Cases

The Supreme Court will not reconsider the Insular Cases, a widely criticized and racist group of early 20th-century decisions holding that the residents of U.S. territories do not automatically enjoy all of the rights protected by the Constitution. The announcement came on a list of orders released on Monday morning from the justices’ private conference last week. The justices did not add any new cases to their merits docket for the 2022-23 term.

The request to overrule the Insular … 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

Officials criticized for gap in controls at firm behind Listeria cases

A political party in Germany has criticized the time it took for a long-running Listeria outbreak to be solved.

The Social Democratic Party (SPD) in Bayern said it was shocked by the lack of checks at the implicated company. The opposition group had previously called on the governing Christian Social Union and Free Voters of Bavaria parties to provide clarity on the incident.

In July, the Bavarian State Office for Health and Food Safety (LGL) said it helped identify a … Read the rest

Supreme Court

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

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

Supreme Court

Justices grant review in two cases that test jurisdiction of district courts

The Supreme Court on Monday added two new cases, both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. And the justices called for the federal government’s views in two more cases, involving a school board’s responsibility for student-on-student sexual harassment and pleading requirements in cases brought under the False Claims Act.

In Securities and Exchange Commission v. Cochran, the justices agreed to decide whether federal district courts have the power to … Read the rest

Supreme Court

The “Buffalo Billion” plan and Montana easement cases

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property.

In Wilkins v. United States, two landowners ask the justices to decide that the 12-year statute of limitations in the Quiet Title Act is not jurisdictional, with the … Read the rest

Civil Law

What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?

Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.

First, neither of the … Read the rest