The morning read for Friday, November 17

The morning read for Friday, November 17

Share

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:

  • Supreme Court denies request to reinstate Florida drag show law (David Kihara, Politico)
  • ‘He didn’t deserve to die like this’: Supreme Court decision leaves family of a man killed at the border searching for justice (Lawrence Hurley, NBC News)
  • She got a ticket for beeping her car horn. Now she’s asking the Supreme Court
Read the rest

Justices schedule major cases on deference to federal agencies

Justices schedule major cases on deference to federal agencies

Share

The Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies. Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo headline the calendar for the January argument session, which the court released on Friday morning.

Relentless and Loper Bright began as challenges to a federal rule that requires the fishing industry to pay for the cost of observers who monitor … Read the rest

Actualité sociale

QPC

Congés payés et maladie : le Conseil Constitutionnel va devoir se prononcer sur la question

Jurisprudence

La juridiction de sécurité sociale est seule compétente pour traiter de l’indemnisation des dommages issus d’une maladie professionnelle, y compris lorsque la maladie est due à un manquement de l’employeur /

Saisine de l’autorité administrative dans le cadre de la fixation des collèges électoraux et de la répartition des sièges : les mandats en cours sont prorogés même si l’administration refuse de se … Read the rest

Funding for Native healthcare programs, and the Armed Career Criminal Act returns

Funding for Native healthcare programs, and the Armed Career Criminal Act returns

Share

 The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

Since our last installment, the Supreme Court has continued slowly chipping away at the still-sizable number of lingering relists from the end-of-summer “long conference.” The court denied review in five-time relist Johnson v. Prentice, involving an Illinois prisoner’s claim that his nearly three-year term of solitary confinement constituted cruel and unusual … Read the rest

Countdown to Compliance With European Union’s Deforestation Regulation

Companies are preparing to comply with the European Union’s new deforestation regulation (EUDR).

On June 29, 2023, the European Parliament and Council formally adopted the EUDR.  The EUDR goes into effect on December 30, 2024 for large companies (operators and traders)[1] and June 30, 2025 for micro and small exporters.[2]

The EUDR seeks to ensure that products brought into or exported from the EU market are deforestation-free.  Thus, seven commodities including cattle, cocoa, coffee, palm oil, rubber, soy and wood … Read the rest

Cancer victims ask court to untangle “finality trap”

Cancer victims ask court to untangle “finality trap”

Share

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.

Litigants in federal courts may unwittingly find themselves in a “finality trap,” a tricky procedural scenario in which they are unable to appeal some of their claims. This week, we highlight petitions that ask the court to consider, among other things, whether the finality trap is consistent with federal procedural … Read the rest

Using expert testimony to prove a criminal defendant’s knowledge of drug trafficking

Using expert testimony to prove a criminal defendant’s knowledge of drug trafficking

Share

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

A lot has happened since our last installment. The Supreme Court granted review of one-time relists Garland v. Cargill, involving whether bump stocks are “machineguns” and thus generally prohibited, and Coinbase, Inc. v. Suski, involving whether a court or an arbitrator should decide whether an arbitration agreement that generally delegates the … Read the rest

Frivolous Lawsuits, Poor Lawyering, or Lawsuits Which are Not Bad Faith?

I recently appeared on a Public Broadcasting Service show discussing the ongoing insurance crisis in Florida. During the segment, an insurance industry expert attributed insurance companies’ skyrocketing premiums, unresolved claims, and financial troubles to what they termed as ‘frivolous lawsuits’, along with the contingent fees of lawyers and public adjusters. As I listened, it struck me how there’s a glaring lack of accountability from the insurance industry’s side in this situation. The truth often seems obscured, with industry representatives habitually … Read the rest