Free Newsletter
Bivens – 5th Amendment Violation
In the immediate aftermath of the September 11 terrorist attacks, the Federal Government ordered hundreds of illegal aliens to be taken into custody and held pending a determination whether a particular detainee had connections to terrorism.
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.
15-1031 Howell v. Howell
A state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits.
Polls
Loading ...Legal News
- Wisconsin lawyers file University of Wisconsin public records request seeking answers to protests
- Wisconsin Supreme Court issues orders amending Supreme Court rules and Wis. Stats.
- EXCLUSIVE: Former Milwaukee ‘big law’ partner attacks news media for bias against Trump
- Former Milwaukee election official fined for obtaining fake absentee ballots
- Contract dispute prevents airing of 15 regional sports networks, impacts Brewers
- Wis. middle school focuses on recovery as authorities investigate shooting
- Gov. Evers seeks applicants for Sheboygan and Green County Sheriffs
- North Carolina man who harbored Nazi memorabilia and attacked Black and Latino men sentenced to 41 months
- Nation grieves with families of officers killed in NC
- Amended complaint filed in federal court against State Bar of Wisconsin seeks punitive damages
- United Healthcare suit against cancer drug distributor time-barred
- Trump’s Wisconsin visit warns of jail time if he violates a trial gag order
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
