Judiciary.org - Part 85

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

Supreme Court

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

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

Civil Law

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

Supreme Court

Cancer victims ask court to untangle “finality trap”

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

Supreme Court

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

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

Civil Law

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

Supreme Court

The morning read for Thursday, November 9

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

Conservative Supreme Court majority must figure out if it can limit gun rights of domestic abusers (Joan Biskupic, CNN)
US Senate Democrats to vote on Supreme Court ethics probe subpoenas (John Kruzel & Andrew Chung, Reuters)
The Supreme Court has found a gun-control measure it likes (The Economist)
The Supreme Court dismantled Roe. States

… Read the rest

Circuit Courts

Judges Bring Financial Literacy to Florida Veterans

Florida bankruptcy judges are on a mission to empower military veterans with financial literacy. During a series of events scheduled statewide, the judges have partnered with local legal and veterans service organizations to teach valuable skills for making educated financial decisions and avoiding deceptive credit traps.
Judiciary News – United States Courts… Read the rest

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Jurisprudence

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