Supreme Court

Justices to review novel bankruptcy maneuver in public harms litigation

Justices to review novel bankruptcy maneuver in public harms litigation

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Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday, is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. From the Catholic Diocese and Boy Scouts in their respective abuse cases to Johnson & Johnson’s talc litigation, 3M’s earplug case, and Revlon’s hair straightener case, corporations are turning to bankruptcy court over the traditional civil litigation process. Bankruptcy and its special powers are being used to compensate … Read the rest

Civil Law

Brazil’s Sustainable Taxonomy Action Plan enters public consultation

Brazil’s draft Sustainable Taxonomy Action Plan (the Action Plan), prepared by the Ministry of Finance, is currently under public consultation and receiving contributions and comments for its improvement. The deadline for taking part in the public consultation is October 20, 2023.

The development of a sustainable taxonomy seeks to address Brazil’s main environmental and social challenges, taking into account its commitments, objectives and priority plans. Consisting of a classification system that defines, on a scientific basis, activities, assets and/or categories … Read the rest

Circuit Courts

Proposed FY 2024 Funding Levels Would Hurt Courts and Public, Letter to Congress Says

The Judicial Conference has expressed “deep concern” about pending congressional appropriations legislation, saying proposed funding levels that are far below the Judiciary’s request would have detrimental impacts on federal courts and the public.
Judiciary News – United States Courts

… Read the rest
Supreme Court

Justices reject claim of immunity in Puerto Rico public records dispute

Justices reject claim of immunity in Puerto Rico public records dispute

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Thursday’s decision in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case. Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. The majority found that Congress had not written anything into the board’s founding statute that “deprived the board of sovereign immunity.”

The case … Read the rest

Criminal Law

Can Democrats Finally Learn to Tell a More Compelling Story About Public Safety?

During this past election season, whenever crime was discussed, many of us felt like we were stuck in Groundhog Day 1988, watching Michael Dukakis’ Presidential campaign being torpedoed by Willie Horton ads.

Too many Democrats in key Senate, gubernatorial, and Congressional races seemed to be goaded into what Cristina Greer labeled the “false binary conversation….where it’s either you want police or you want crime.” 

When accused of being “soft on crime,” they stammered and stuttered, often backtracked on support for … Read the rest

Civil Law

FSIS seeking public comments on a number of proposed rules and regulations for the USDA

The USDA’s Food Safety and Inspection Service are seeking public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage.

Of note is that FSIS extended the written comment period on the proposed Salmonella framework to Dec. 16, 2022. Written comments should be submitted through Regulations.gov. Visit the FSIS website to view the Federal Register notice and details on how to comment.

FSIS is currently seeking comments on the following:

  • Until December 16: Proposed Framework for Controlling Salmonella
… Read the rest
Supreme Court

Litigation continues over public charge immigration rule

Litigation continues over public charge immigration rule

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Last term, the court dismissed as improvidently granted, or “DIG”ed, a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule. In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution … Read the rest