Second | Judiciary.org

Settlement Agreements: No Second Chances

This blog is co-authored by Lesedi Dube, candidate attorney.

The finality of full and final settlement agreements is highlighted in an August 2025 judgment in the High Court. The court found that a settlement agreement between the applicant and respondent could not be rescinded on the basis of alleged prior non-performance of contractual obligations discovered after the finalisation of the settlement agreement. The court held that the settlement agreement, once concluded, was binding and could not be rescinded merely because … Read the rest

Supreme Court

Effort to block second majority-Black district in Louisiana comes to Supreme Court

In 2022, the Louisiana legislature adopted a congressional map that included only one majority-Black district among the six allotted to the state, though a third of the state’s population is Black. The map was challenged in federal court as a dilution of the votes of Black residents and in 2024 the legislature drew another map, this time with two majority-Black districts.

On Monday, the Supreme Court will take up the latest stage in the struggle over Louisiana’s congressional map. … Read the rest

Supreme Court

Major Second and First Amendment cases headline November sitting

With just over a year to go until the 2024 presidential elections, the shadow of former President Donald Trump – who is once again the frontrunner for the Republican presidential nomination – hovers over three of the seven cases in the court’s November argument session, which begins on Oct. 30. Trump once asked the justices to take up the same question that they will now consider in two cases on Oct. 31, involving liability for public officials who block … Read the rest

Supreme Court

Supreme Court refuses to reinstate Missouri Second Amendment law

The Supreme Court on Friday refused a request by Missouri to reinstate a state law that bars police officers from enforcing federal restrictions on the sale and ownership of firearms that the state believes violate the Second Amendment. A federal judge ruled earlier this year that the state law is itself unconstitutional and blocked the state from enforcing the law. In an unsigned order on Friday, the justices left that decision in place while the state’s appeal continues in … Read the rest

Supreme Court

Arthrex seeks second Supreme Court intervention in patent clash

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.

Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest

Civil Law

Res Judicata Bars Second Suit in E.D. La., Notwithstanding “New” Claim

Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker. As we write, the seventh unsuccessful vote has just concluded. We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed. This was in 1820, as John W. Taylor, an outspoken abolitionist, ran against a pro-slavery opponent for the seat vacated by Henry Clay, who resigned after shepherding the Missouri Compromise to victory. All kinds … Read the rest

Supreme Court

Incriminating statement in New York shooting reaches the court for a second time

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.

The Sixth Amendment gives anyone standing trial the right “to be confronted with the witnesses against” them. In January, the justices held that a New York court violated the confrontation clause when it upheld a homicide conviction although the jury had heard an incriminating statement from a co-defendant who did … Read the rest