More | Judiciary.org

Civil Law

With eight more executions scheduled, 2024 could conclude with most US executions in nearly a decade

I flagged here last month that a flourish of executions in multiple states had been scheduled over just a week, and all five of those executions were ultimately carried out. I now see from this Death Penalty Information Center page that eight more executions are scheduled for the final few months of 2024. If seven of those executions go forward as planned, the US will have completed 26 total execution in 2024, which would be more than in any calendar … Read the rest

Civil Law

Financial Ombudsman Service compensation limit increased again – by more than 10%

The Financial Conduct Authority confirmed last month that the limit for compensation that can be awarded by the Financial Ombudsman Service (“FOS”) will be raised from £375,000 to £415,000, for complaints made after 1 April 2023 relating to acts or omissions on or after 1 April 2019 – an increase of over 10%.

A lower limit of £190,000 applies to any complaints made from 1 April 2023 relating to events that occurred prior to 1 April 2019 – again an … Read the rest

Civil Law

Are you surprised to learn that the DOD has had more than 12,000 cyber attacks since 2015

BankInfoSecurity.com reported that in a US Senate hearing that “The Government Accountability Office in November reported the DOD had experienced more than 12,000 cyber incidents since 2015, although the annual rate of detected attacks has been declining.” The March 29, 2023 report entitled “Pentagon Doubles Down on Zero Trust” (https://tinyurl.com/yhne56xc) also included these comments from Department of Defense CIO John B. Sherman in testimony before the Senate Armed Forces Committee’s Cybersecurity Subcommittee:

We’ve committed to implementing zero trust across the … Read the rest

Supreme Court

Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

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.

This Friday’s conference represents a significant date in the Supreme Court’s schedule: Based on the schedule prescribed by the court’s rules, it is the last conference at which a cert petition can be granted and the case heard during the court’s April sitting. Because it appears that sitting is mostly empty at … Read the rest

Civil Law

More patients identified in outbreak of Salmonella infections; other outbreaks still under investigation by the FDA

The FDA is continuing to investigate several outbreaks, including a Salmonella Braenderup outbreak which has seen a jump of 17 patients in the past week.

Officials have not yet been able to find the food source that is causing the infections, according to an update from the Food and Drug Administration. A week ago the patient count stood at 42. As of July 6 there are 59 people who have been confirmed with infections.

The FDA first posted the Salmonella Braenderup … Read the rest

Civil Law

More PTAB Arthrex Remands?

New Director to Review Hirshfeld Decisions?

Patent Owners that had the option to avail themselves of the new Director Review process under former interim Director Hirshfeld have been crying foul to the Federal Circuit. Their argument being that the Arthrex holding required a Senate confirmed Director Review, and that an interim Director (promoted from within) did not meet that criteria. Argument was heard a month or so back at the Federal Circuit on this issue.

Since that time, Senate confirmed … Read the rest

Supreme Court

Five-justice majority restores Trump-era policy on water pollution, provoking more criticism of emergency docket

A divided Supreme Court on Wednesday reinstated a Trump-era environmental policy that makes it harder for states to block projects that may cause water pollution. The unsigned and unexplained decision prompted Chief Justice John Roberts to join the court’s three liberal justices in criticizing the majority’s use of the emergency docket.

The court’s decision “renders the Court’s emergency docket not for emergencies at all,” Justice Elena Kagan wrote in dissent. “The docket becomes only another place for merits determinations … Read the rest

Supreme Court

During arguments over COVID-19 policy, two absent lawyers and more masks on the bench

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

There are several unusual and noteworthy things about today’s arguments in two cases regarding Biden administration responses to the COVID-19 pandemic.

But a snow day in Washington is not really one of them. After the surprisingly disruptive snowstorm that hit the capital region on Monday, bringing misery to those stuck on I-95 for 24 hours or more, … Read the rest