Supreme Court

Court strikes a blow for sentencing discretion under provision in federal firearm statute

Court strikes a blow for sentencing discretion under provision in federal firearm statute

Share

People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States. The justices ruled that federal criminal sentencing laws do not require Efrain Lora, who was convicted for his role in a drug-trafficking-related murder, to receive multiple consecutive, rather than concurrent, … Read the rest

Civil Law

Dans l’actualité sociale

Jurisprudence

Charge de la preuve des heures supplémentaires /

Les documents comportant des obligations pour les salariés doivent être rédigés en français /

Un contrat d’accompagnement dans l’emploi ne peut être requalifié en contrat de travail à durée indéterminée /

Requalification du contrat de travail à temps partiel en contrat à temps plein, dès le premier dépassement de l’horaire de travail, mais pas avant ! /

Assimilation du temps de trajet à du temps de travail effectif /

Assiette de … Read the rest

Supreme Court

Supreme Court gives government broad authority to dismiss whistleblower lawsuits

Supreme Court gives government broad authority to dismiss whistleblower lawsuits

Share

The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

The FCA’s qui tam (an abbreviation for a Latin phrase meaning “who sues on behalf of the King as well as for himself”) provision encourages whistleblowers to file suit on behalf of the government. … Read the rest

Civil Law

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs.  I have come to learn that there are unique wage hour issues and challenges in this industry and that many well-meaning employers, seeking to comply with the law, step on regulatory landmines and end up in trouble.

Well, buckle up.  The USDOL is stepping up its … Read the rest

Supreme Court

Former Marine challenges power of courts-martial to try military retirees

Former Marine challenges power of courts-martial to try military retirees

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.

Under the Uniform Code of Military Justice, military courts-martial retain jurisdiction over retired servicemembers. Courts-martial can punish a broader range of conduct and face fewer constitutional constraints than civilian courts. Therefore, since the time of the Korean War, the Supreme Court has repeatedly limited courts-martial to “the narrowest jurisdiction deemed … Read the rest

Civil Law

A reminder on how to accurately determine quantum in motor vehicle collisions.

This blog was co-authored with Jason Hudson, Candidate Attorney.

In February 2023, the Northwest High Court revisited the methods for determining damages suffered to a motor vehicle.

The plaintiff claimed a total of R185 056 in damages for collision damage to a motor vehicle. Despite a judgment on merits being granted in favour of the plaintiff in the Magistrates’ Court, it was held that the plaintiff had failed to prove the quantum of the damages on the motor vehicle.… Read the rest

Supreme Court

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

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.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest