U.S. Courts News Reporter
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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.
Just before the Supreme Court begins its new term on the first Monday in October, the court gathers to consider all the hundreds of cert petitions that have built up over the summer. The court’s so-called “long conference” took place on Sept. 30 this year, and it yielded 15 granted cases so far. … Read the rest
On June 6, 2024, Reps. Diana DeGette (D-CO) and Larry Bucshon, MD (R-IN) released a letter requesting information from stakeholders on their 21st Century Cures initiative, a policy effort focused on medical research and health care transformation and reforms. With this opportunity to comment, the lawmakers have renewed their commitment to developing the initiative with the support of the health community, nearly eight years after the passage of the 21st Century Cures Act (Pub. L. 114-255).
Enacted in December 2016, … Read the rest
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Justice Clarence Thomas revealed on Friday that conservative billionaire Harlan Crow paid for two trips in 2019, involving a hotel stay in Bali, Indonesia, and at a private club in Sonoma County, Calif. The news came as part of the justices’ annual financial disclosures, which are filed in mid-May and released in early June each year. The forms published online on Friday by the Administrative Office of the U.S. Courts chronicled the justices’ book royalties – including an advance … Read the rest
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Justice Brett Kavanaugh’s opinion for a unanimous court Thursday in Cantero v. Bank of America will not be one for the casebooks or treatises, as it says almost nothing about how the lower court is supposed to reconcile provisions of the National Bank Act that protect national banks with a New York statute requiring all banks (including national banks) to pay interest on the escrow accounts they hold for their mortgage customers.
The difficulty arises because amendments to the … Read the rest
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Two weeks after the New York Times first reported that an upside-down American flag – popular among the “Stop the Steal” movement – flew outside the Virginia home of Justice Samuel Alito in the days following the Jan. 6, 2021, attacks on the U.S. Capitol, Alito rebuffed requests from Democratic lawmakers to recuse himself from cases involving immunity for former President Donald Trump for his role in the Jan. 6 attacks and the scope of a federal criminal law … Read the rest
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The justices on Friday ruled in favor of a group of truck drivers who transport goods for Wonder Bread in their arbitration dispute. Bissonnette v. LePage Bakeries Park St. is another of the court’s numerous cases interpreting the Federal Arbitration Act’s command that courts enforce mandatory pre-dispute arbitration agreements. Bissonnette involves an exception from the FAA for any “class of workers engaged in foreign or interstate commerce,” and the question in Bissonnette is whether that exception turns on the … Read the rest
The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified persons”. Absent an exemption, the types of transactions that are prohibited include sales and leases or loans between a Plan and a party or parties … Read the rest
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So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that would get a failing grade in any law school course on criminal law? Well, your first guess would be that the Supreme Court would unanimously reverse, and if you were bold you’d predict a short opinion assigned because of its triviality to the most junior justice. That … Read the rest