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1st Amendment Violation
The North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment
Court Error – Habeas Corpus Relief
Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a state prisoner is eligible for federal habeas relief if the underlying state court merits ruling was “contrary to, or involved an unreasonable application of, clearly established Federal law” as determined by this Court.
Statutory Interpretation
A company may collect debts that it purchased for its own account, like Santander did here, without triggering the statutory definition in dispute.
Equal Protection – Standing
The gender line Congress drew is incompatible with the Fifth Amendment’s requirement that the Government accord to all persons “the equal protection of the laws.”
Jurisdiction – Class Certification Review
Federal courts of appeals lack jurisdiction under §1291 to review an order denying class certification (or, as here, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice
Legislative Districts – Gerrymandering – Constitutionality
The North Carolina General Assembly redrew state legislative districts in 2011 to account for population changes revealed by the 2010 census.
ERISA – Church Plan
A plan maintained by a principal-purpose organization qualifies as a “church plan,” regardless of who established it.
Disgorgement
Because SEC disgorgement operates as a penalty under §2462, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued “The definition of “penalty” as a “punishment, whether corporal or pecuniary, imposed and enforced by the State, for a crime or offen[s]e against its laws,” Huntington v. Attrill, 146 U. S. 657, 667, gives [...]
Forfeiture – Ownership Interest
Because forfeiture pursuant to §853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime, that provision does not permit forfeiture with regard to Terry Honeycutt, who had no ownership interest in his brother’s store and did not personally benefit from the illegal sales.
Intervenor
A litigant seeking to intervene as of right under Rule 24(a)(2) must meet the requirements of Article III standing if the intervenor wishes to pursue relief not requested by a plaintiff.
Sufficiency of Evidence – Jury Instruction
Following a three-day trial, a jury convicted Robert Stietz, the defendant, of resisting a law enforcement officer, Wis. Stat. § 946.41(1) (2013-14), and intentionally pointing a firearm at an officer, § 941.20(1m)(b).
Court Error – Judge Substitution
Petitioner, Edward J. Zimbal ("Zimbal"), seeks review of an unpublished court of appeals opinion affirming a circuit court order denying his postconviction motion.
Polls
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- Trump ahead of Biden in new Marquette poll
- Bankruptcy court approves Milwaukee Marriott Downtown ‘business as usual’ motion
- New Crime Gun Intelligence Center to launch in Chicago
- Arrest warrant issued for Minocqua Brewing owner who filed Lawsuit against Town of Minocqua
- Wisconsin Supreme Court justices question how much power Legislature should have
- Reinhart named the 2024 Wisconsin law firm of the year by benchmark litigation
- Milwaukee’s Common Council now has the most African Americans, women and openly LGBTQ members ever
- Office of School Safety Provides Behavioral and Threat Assessment Management Training Ahead of 25th Anniversary of Columbine Shooting
- Wisconsin Supreme Court to hear arguments in Democratic governor’s suit against GOP-led Legislature
- Lawsuit asks Wisconsin Supreme Court to strike down governor’s 400-year veto
- Wisconsin man pleads not guilty to neglect in disappearance of boy
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
