Justices rule out “commingled funds” theory in Hungarian Holocaust survivors’ compensation suit

Justices rule out “commingled funds” theory in Hungarian Holocaust survivors’ compensation suit

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A unanimous Supreme Court on Friday threw out a ruling by a federal appeals court that allowed a lawsuit brought by survivors of the Hungarian Holocaust to go forward. The survivors contended that their claims fell within an exception to the general presumption that foreign governments cannot be sued in U.S. courts because Hungary and its national railway confiscated their property, sold it, and mixed it with their other funds to do business in and with the United States. … Read the rest

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

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The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities.

North Carolina legislators asks justices to hear independent-state-legislature theory on the merits

In Moore v. Harper, North Carolina Representative Timothy Moore asks the Supreme Court to consider the independent-state-legislature theory that the … Read the rest