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Supreme Court

Couple seeks review of revoked visa

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.

U.S. citizens and lawful permanent residents – “green-card holders” – can apply for a visa for their immediate relatives. If their petition is denied, they might seek to appeal that decision in federal court. But Congress, seeking to reduce the second-guessing of immigration officials, has foreclosed judicial review of purely … Read the rest

Supreme Court

Smith urges “immediate review” of Trump’s immunity claims

Special Counsel Jack Smith rejected as “misguided” the suggestion by lawyers for former President Donald Trump that the Supreme Court should wait to decide whether Trump can be tried on charges that he conspired to overturn the results of the 2020 election. Emphasizing that the charges against Trump “are of the utmost gravity,” Smith contended that the “public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.”

In a 10-page reply brief … Read the rest

Supreme Court

Court grants review in federal employee’s filing deadlines case

The Supreme Court on Friday afternoon agreed to take up another case exploring the distinction between deadlines that are jurisdictional – so that courts cannot hear a case if they are not met – and those that are instead simply a limitations period that can be waived or extended.

The justices granted review in Harrow v. Department of Defense, the case of a federal government employee who challenged his 2013 furlough. The case was the only grant on a … Read the rest

Supreme Court

Justices to review novel bankruptcy maneuver in public harms litigation

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

California Legislative Year-End Review: Preparing for 2024 (US)

On October 14, 2023, California’s active legislative year came to an end, leaving numerous employment law updates in its wake. This year, Governor Gavin Newsom has signed novel laws that create new rights for employees (and requirements for employers) while also amending some current laws, thereby changing existing employer obligations. Here, we summarize the laws expected to have the greatest impact on California employers in 2024.

Paid Sick Leave Increases (SB 616)

As described in greater detail in … Read the rest

Criminal Law

The First Step Act: A Five-Year Review and the Path Forward

FIRST STEP ACT IN REVIEW

Signed into law in December 2018, the First Step Act (FSA) now allows federal inmates to significantly reduce their actual penal custody time. That fits into the primary goal of The Act, which is to reduce recidivism among nonviolent offenders through greater emphasis on rehabilitation in the Bureau of Prisons.

Prior to the FSA, federal inmates earned 54 days a year off their sentence under what is known as Good Conduct Credit (GCC). For example, … Read the rest

Supreme Court

Federal government and drug manufacturer ask court to review ruling restricting access to abortion medication

The Biden administration and a drug manufacturer on Friday night asked the Supreme Court to review a decision by a federal appeals court that would significantly restrict access to a drug used in medication abortions, which account for over half of all abortions performed in the United States. The filings created the prospect that the justices will weigh in on the issue of abortion for the first time since their decision last year in Dobbs v. Jackson Women’s Health … Read the rest

Supreme Court

Court asked to review prosecution of Jan. 6 participants, with implications for Trump

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.

On August 3, President Donald Trump pleaded not guilty to criminal charges related to the January 6, 2021 attack on the United States Capitol and interfering with the results of the 2020 election. A day later, Trump posted on his Truth Social account that “the Supreme Court must intercede.”

Even … Read the rest