Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

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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.

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas relief is available to anyone “in custody,” which the Supreme Court has interpreted to mean not only physical confinement but also … Read the rest

Can Florida Courts Confirm Appraisal Awards and Appoint Umpires?

The property insurance policy calls for a court to appoint umpires. Parties typically file a petition to appoint an umpire and then a request to confirm the appraisal award after the appraisal panel renders a decision. A reader of this blog asked me to comment on the following ruling from a recent Florida appellate case:1 

State Farm Florida Insurance Company (‘State Farm’) appeals the final judgments entered in four related cases that confirmed appraisal awards set by a

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The morning read for Friday, September 22

The morning read for Friday, September 22

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

  • Clarence Thomas secretly participated in Koch network donor events (Joshua Kaplan, Justin Elliott, and Alex Mierjeski, ProPublica)
  • Sports betting fight heading to Supreme Court (Dara Kam, News Service of Florida)
  • Coerced, censored, shut down: How will Supreme Court manage social media’s toxic sludge? (John Fritze & Jessica Guynn, USA Today)
  • Supreme Court ruling could
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Illinois Federal Court Dismisses One False Advertising Suit Based on Malic Acid, While Sustaining Another

A pair of malic acid decisions recently issued by Judge Coleman in the Northern District Court of Illinois reaffirmed that the statements “natural flavors with other natural flavors” and “no artificial flavors” receive different treatment under state false advertising laws, at least in that district.

In Boss v. Kraft Heinz Co., the plaintiffs alleged that Kraft Heinz’s MiO water-flavoring products contained synthetic malic acid, rendering false and misleading the claim “natural flavors with other natural flavors” on the products’ … Read the rest

The morning read for Wednesday, September 20

The morning read for Wednesday, September 20

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read:

  • The Supreme Court banned affirmative action–except at military academies (Code Switch, NPR)
  • Alabama’s congressional map dilutes the power of Black voters, advocates again tell Supreme Court (Ariane de Vogue & Fredreka Schouten, CNN)
  • Supreme Court ruling sparks fears about economic fallout (Omar Mohammed, Newsweek)
  • Justice Antonin Scalia’s son set to make Supreme Court debut
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The morning read for Monday, September 18

The morning read for Monday, September 18

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Monday morning read:

  • Jan. 6 defendants bring cases to Supreme Court. Here’s what it could mean for Donald Trump (John Fritze, USA Today)
  • House Democrats press for cameras in federal courts, as Trump trials and Supreme Court session loom (Scott MacFarlane, CBS News)
  • Hunter Biden Charges Wade Into Supreme Court Fray Over Guns (Zoe Tillman, Bloomberg)
  • Why
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Cognizant’s High Court approved scheme of arrangement was held to be a colorable device by Chennai ITAT

Cognizant’s High Court approved scheme of arrangement was held to be a colorable device by Chennai ITAT

The ITAT recently dismissed an appeal and slammed Cognizant India Private Limited (“Cognizant India”) for what it perceived as  using a colorable device to evade taxes during its INR 190 billion share buyback exercise.

Cognizant (Mauritius) Limited (“Cognizant Mauritius”) and Cognizant Technology Solutions Corporations USA (“Cognizant USA”) held around 76% and 22% stake in Cognizant India respectively. The remaining 2% minor shareholding was also held by USA based entities.

In the year 2016, Cognizant … Read the rest