U.S. Courts News Reporter
A political party in Germany has criticized the time it took for a long-running Listeria outbreak to be solved.
The Social Democratic Party (SPD) in Bayern said it was shocked by the lack of checks at the implicated company. The opposition group had previously called on the governing Christian Social Union and Free Voters of Bavaria parties to provide clarity on the incident.
In July, the Bavarian State Office for Health and Food Safety (LGL) said it helped identify a … Read the rest
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The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who … Read the rest
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The Supreme Court on Monday added two new cases, both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. And the justices called for the federal government’s views in two more cases, involving a school board’s responsibility for student-on-student sexual harassment and pleading requirements in cases brought under the False Claims Act.
In Securities and Exchange Commission v. Cochran, the justices agreed to decide whether federal district courts have the power to … Read the rest
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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property.
In Wilkins v. United States, two landowners ask the justices to decide that the 12-year statute of limitations in the Quiet Title Act is not jurisdictional, with the … Read the rest
Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.
First, neither of the … Read the rest