Supreme Court

The morning read for Wednesday, March 9

The morning read for Wednesday, March 9

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Wednesday morning read:

  • Susan Collins signals Biden Supreme Court pick could win her vote after ‘productive’ meeting (Clare Foran & Manu Raju, CNN)
  • The Supreme Court’s Elections Docket (Editorial, The Wall Street Journal)
  • Back off, Supreme Court. There’s no need to tie the EPA’s hands as
… Read the rest
Consumer

Undocumented Workers Fear Reporting Workplace Issues

In 2021, an incident occurred in Gainesville, Georgia, in which half a dozen chicken-processing workers died after nitrogen gas used to freeze the poultry leaked into the factory in which they worked and asphyxiated them.  Five of the six individuals who lost their lives were Mexican nationals.  After the tragedy, there was a pervasive hesitancy and fear by the family members of those who had perished to come forward with complaints.  Much of this hesitation stems from a mistrust in … Read the rest

Civil Law

Executives Beware: DOJ Antitrust Division is Taking a Hard Look at a Wide Spectrum of Potential Criminal Violations

On March 2, Deputy Assistant Attorney General Richard Powers laid out a significant and aggressive criminal enforcement agenda for the Antitrust Division of the Department of Justice. While speaking at the the ABA National Institute on White Collar Crime in San Francisco, CA, Powers began his remarks by noting that the Division’s Criminal Section currently had 18 indicted cases against 10 companies and 42 individuals, including 8 CEOs or Presidents. DAAG Powers also noted that the Section had 146 open … Read the rest

Supreme Court

Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania

Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania

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The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. The justices’ rulings mean that the states’ 2022 congressional elections will go ahead using the court-drawn maps.

But although the justices declined to intervene now, four justices signaled that they believe the court should soon take up the theory at the … Read the rest

Supreme Court

A 27-year solitary confinement and a dispute about discharging settlement payments in bankruptcy

A 27-year solitary confinement and a dispute about discharging settlement payments in bankruptcy

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether a prisoner’s 27-year period in solitary confinement violates either the Eighth Amendment or the 14th Amendment, and whether a settlement can include a provision in which a debtor agrees that any payments are non-dischargeable in bankruptcy.

Constitutional challenges to a 27-year solitary confinement

Dennis Wayne Hope has been in solitary confinement for 27 years since 1994. In Hope v. Harris, Hope … Read the rest

Civil Law

COURT OF APPEAL SUMMARIES (FEBRUARY 28, 2022 – MARCH 4, 2022)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions

Good afternoon.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 28, 2022.

In Gefen Estate v. Gefen, an estates case, the Court reiterated that while the quality of evidence may vary depending on a claim, the civil standard of proof will always remain the same: proof on a balance of probabilities. The issues canvassed … Read the rest

Civil Law

THE BANKRUPTCY COURT’S RULING IS IN: J&J’S TEXAS TWO-STEP DOES NOT CONSTITUTE A BAD FAITH FILING

Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system.  The discussion focused on an ongoing trial on motions filed in the bankruptcy case of LTL Management, LLC (“LTL” or the “Debtor”), a Johnson & Johnson (“J&J”) subsidiary, by the Official Committee of Talc Claimants and several other parties, seeking an order dismissing the Debtor’s case pursuant … Read the rest