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Civil Digest

Aug 7, 2019

Sentencing Guideline – Penalties

In our constitutional order, a vague law is no law at all. Only the people’s elected representatives in Congress have the power to write new federal criminal laws.

Aug 7, 2019

Statutory Interpretation

Congress has instructed that the disclosure requirements of the Freedom of Information Act do “not apply” to “confidential” private-sector “commercial or financial information” in the government’s possession.

Aug 7, 2019

1st Amendment Violation

Two Terms ago, in Matal v. Tam, 582 U. S. ___ (2017), this Court invalidated the Lanham Act’s bar on the registration of “disparag[ing]” trademarks. 15 U. S. C. §1052(a).

Aug 7, 2019

Punitive Damages

By granting federal courts jurisdiction over maritime and admiralty cases, the Constitution implicitly directs federal courts sitting in admiralty to proceed “in the manner of a common law court.”

Aug 7, 2019

Arbitration

This case addresses whether a circuit court order denying a request to compel arbitration and stay a pending lawsuit is final for the purposes of appeal.

Aug 7, 2019

Insurance – Conditional Use Permit

Enbridge Energy Company operates an interstate pipeline transporting liquid petroleum.

Aug 7, 2019

Constitutionality – Gubernatorial Approval

This is an original action brought by Kristi Koschkee et al., two licensed teachers and two school board members, against Superintendent of Public Instruction (SPI) Carolyn Stanford Taylor and the Department of Public Instruction (DPI).

Aug 6, 2019

Termination of Parental Rights

J.M.J. appeals a circuit court order terminating her parental rights to her child, Alexa.

Aug 6, 2019

Court Error – Abuse of Discretion

Sophea Mouth appeals a judgment convicting him of second degree intentional homicide and attempted second degree intentional homicide.

Aug 6, 2019

Court Error – RESPA Violation

This case arises from a foreclosure action filed by Wilmington Savings Fund Society FSB against Alisha and William Ayres.

Aug 6, 2019

Evidentiary Hearing

Marwan Mahajni appeals a judgment convicting him of kidnapping and second degree sexual assault following a jury trial, as well as a subsequent order denying a post-conviction motion for a new trial without holding an evidentiary hearing.

Aug 6, 2019

Probable Cause – Suppression of Evidence

Eric M. Trinrud appeals from a judgment convicting him of operating a motor vehicle with a prohibited alcohol concentration (fourth offense) on his no contest plea.

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