Civil Law

NVWA urges Salmonella focus in poultry despite bird flu problem

Dutch authorities have stressed the need to keep a focus on Salmonella despite restrictions because of avian flu outbreaks.

Avian influenza, also known as bird flu, is causing a lot of concern among companies and within the poultry farming sector.

Efforts are being made to prevent further infections by taking steps such as limiting visitors in the yard and in stables as much as possible.

Need to maintain Salmonella control
However, the Netherlands Food and Consumer Product Safety Authority (NVWA) … Read the rest

Supreme Court

Justices vacate lower court’s ruling in Pennsylvania ballot-counting case that is now moot

Justices vacate lower court’s ruling in Pennsylvania ballot-counting case that is now moot

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The Supreme Court on Tuesday invalidated a lower-court ruling in a Pennsylvania election dispute that the losing candidate conceded three and a half months ago. When the dispute was before the justices earlier this year, Justice Samuel Alito had suggested that the lower court’s ruling on ballot counting “broke new ground” and could affect the outcome of the state’s upcoming general elections. The decision in Ritter v. Migliori came on a list of orders from the justices’ private conference … Read the rest

Supreme Court

Justices to consider whether Warhol image is “fair use” of photograph of Prince

Justices to consider whether Warhol image is “fair use” of photograph of Prince

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In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the justices get another chance to offer their take on the “fair use” doctrine in copyright law. The case involves a set of images Andy Warhol based on a 1981 photograph of Prince by the award-winning photographer Lynn Goldsmith, herself famous for iconic photographs of musicians like Roger Daltrey and Bruce Springsteen. All agree that Warhol used the Goldsmith image as a basis for his images; Vanity Fair … Read the rest

Supreme Court

The morning read for Friday, Oct. 7

The morning read for Friday, Oct. 7

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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 Friday morning read:

  • Texas executes John Henry Ramirez, who won religious rights Supreme Court case (María Luisa Paúl, The Washington Post)
  • 66 Abortion Clinics No longer Provide Abortions After Roe Overturned, Study Says (Jennifer Calfas, The Wall Street Journal)
  • What a Supreme Court case on
… Read the rest
Supreme Court

Litigation continues over public charge immigration rule

Litigation continues over public charge immigration rule

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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.

Last term, the court dismissed as improvidently granted, or “DIG”ed, a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule. In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution … Read the rest

Civil Law

Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law

Preface

The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest civil lawsuit with the people’s courts”, thereby clarifying for the first time the application of civil … Read the rest

Supreme Court

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

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In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest