In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

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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.

The Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest

Justices were not asked to swear under penalty of perjury that they didn’t leak Dobbs

Justices were not asked to swear under penalty of perjury that they didn’t leak <em>Dobbs</em>

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Gail Curley, the Supreme Court’s marshal, said on Friday that she spoke with the justices as part of her investigation into the Dobbs leak but that the justices – unlike court employees – were not asked to swear under penalty of perjury that they were not responsible for the leak.

In a brief, prepared statement released by the court, Curley indicated that she “followed up on all credible leads, none of which implicated the Justices or their spouses.”

Curley’s … Read the rest

Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law

Preface

The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest civil lawsuit with the people’s courts”, thereby clarifying for the first time the application of civil … Read the rest

Officers question award of post-mortem damages under Section 1983

Officers question award of post-mortem damages under Section 1983

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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.

When a person is killed, the damages that their descendants or families can receive vary from state to state. Only five states allow for “hedonic” damages, or money to account for the deceased’s loss of enjoyment of future life. This week, we highlight cert petitions that ask the court to … Read the rest

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

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

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The Supreme Court on Wednesday gave federal trial courts more discretion over whether children in some international custody disputes must be returned to their home countries. The unanimous decision in Golan v. Saada was the latest in a series of cases interpreting the Hague Convention on the Civil Aspects of International Child Abduction, an international agreement adopted in 1980 to deal with international child abduction during domestic disputes.

Under the Hague Convention, children who are wrongfully taken from the … Read the rest

COVID-related postponements and prosecutorial delays under the Speedy Trial Act

COVID-related postponements and prosecutorial delays under the Speedy Trial Act

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, claims from two criminal defendants under the Speedy Trial, which dictates timeframes for different stages of criminal prosecutions.  

Under the Speedy Trial Act, the government must file an indictment within 30 days of arresting someone, and the trial must begin within 70 days of the indictment. If the government fails to meet these deadlines, the defendant can move to dismiss the indictment. … Read the rest

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities.

North Carolina legislators asks justices to hear independent-state-legislature theory on the merits

In Moore v. Harper, North Carolina Representative Timothy Moore asks the Supreme Court to consider the independent-state-legislature theory that the … Read the rest