Justices deny appeals from anti-abortion activists, Eastman, and former New Jersey candidates

Justices deny appeals from anti-abortion activists, Eastman, and former New Jersey candidates

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The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” After adding 12 cases to their merits docket for the 2023-24 term on Friday, the justices on Monday denied review in nearly 900 cases that they considered at their conference last week. The justices also sought the Biden administration’s views in three more cases. The full list … Read the rest

Senators Urge State AGs to Protect Consumers From Cash Homebuying Companies

On June 13, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra provided the CFPB’s semiannual report to Congress, which included concerns about predatory house-flipping practices by companies like HomeVestors. Afterwards, Senate Subcommittee on Housing, Transportation, and Community Development Chair Tina Smith (D-MN) and Senate Ranking Member Lummis (R-WY) sent a letter to the National Association of Attorneys General (NAAG), requesting a coordinated effort to prevent cash homebuyers from entrapping sellers into unfair contracts.

HomeVestors is accused of targeting and deceiving … Read the rest

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

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Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.

The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest

Consumer Expectations Test Cannot Save Design Defect Claim from Preemption

When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it.  Otherwise, we’d be required to turn in our bar card, our defense hack card, and our friendly neighborhood DDL blogger card.  

In Polson v. AstraZeneca Ltd. Partnership,  2023 WL 2770687 (D.Conn. April 4, 2023), the plaintiff had taken medicine to address constipation caused by opioid pain treatments. She alleged that the anti-constipation medicine caused her to suffer life threatening … Read the rest

The IRS faces tough questioning from justices over privacy concerns in third-party summons dispute

The IRS faces tough questioning from justices over privacy concerns in third-party summons dispute

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Over several years, Remo Polselli racked up over $ 2 million in federal tax liabilities. After he made a partial payment from the account of one of his limited liability companies, the IRS suspected Remo might be hiding his assets by transferring them to other entities or individuals. The agency thus issued administrative summonses to several banks, including those at which Remo’s wife, Hanna, and his law firms held accounts. Although the IRS failed to notify Hanna or the … Read the rest

Changes to BCEA Earnings Threshold and to National Minimum Wage Act from 1 March 2023

The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month).

The national minimum wage increased from R23.19 per hour to R25.42 for each ordinary hour worked.

“Earnings” is defined in the BCEA as the regular annual remuneration before deductions i.e. income tax, pension, medical aid and similar … Read the rest

Dementia Prevention: Tips From. Current Research to Love Your Brain

People used to fear a diagnosis of cancer above all. That has been replaced by fear of a diagnosis of dementia, particularly Alzheimer’s disease. Most people know someone who has it or did in the past. There is good reason to be afraid. It’s a difficult, expensive and sometimes very long journey with this disease. Furthermore, it can create a hellish existence for those taking care of their demented loved ones. Their behavior can be difficult, unpredictable and extremely unmanageable … Read the rest

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

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The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v. Garland, which the Supreme Court will hear on Tuesday. In … Read the rest