In Hill v. Estate of Willis Nakai (In Re Estate of Hannifin), 2013 UT 46, the Supreme Court justices were split, 3-2, on whether the Probate Code preempts the common law doctrine of equitable adoption.
According to a poll funded by the Federalist Society for Law and Public Policy Studies, 74 percent of Oklahoma voters favor choosing appellate judges in contested elections over a merit selection and retention process, and 69 percent support amending the constitution to make this change.
A three-judge panel of the Ninth Circuit Court of Appeals heard oral arguments on Tuesday in the so-called “Aereokiller” litigation. The case tests whether services that allow subscribers to stream broadcast television on their computers and mobile devices infringe the exclusive right of copyright owners to publicly perform their copyrighted works.
On August 20, the Fifth Circuit Court of Appeals rejected a whistleblower claim by a former employee of Cardinal Health, Inc., affirming dismissal of the former employee’s complaint, which alleged that Cardinal Health sold hospitals run by the U.S. Department of Veterans Affairs defective medical equipment, in violation of the False Claims Act (FCA).
The A.P. reported this week that the State of Mississippi is appealing U.S. District Court Dan Jordan’s injunction keeping open the state’s only abortion clinic pending the ongoing litigation over the legality of a state law that would force the clinic to close.
The Second Opinion: British Columbia Appellate Court Addresses Limitation Period Issues Regarding Misrepresentation Claims
For the second time in three years, the United States Court of Appeals for the Second Circuit (the “Court”) has taken a broad view of the “safe harbor” provision found in section 546(e) of the Bankruptcy Code for certain “settlement payments” and transfers in connection with securities contracts.
In 2012, Supreme Court Justice Antonin Scalia and legal writing expert, Bryan Garner, published Reading Law: The Interpretation of Legal Texts. According to its authors, the purpose of the book is two fold: (1) to promote a judicial philosophy that finds the content of the law in the text of the Constitution, statutes, and contracts rather than the judge’s conclusions regarding what the authors of the text intended, or should have intended; and (2) to illuminate the governing principles (canons) that guide the interpretations of legal texts.
Township of Mount Holly Files Opening Brief in Supreme Court Case On Disparate Impact Claims Under Fair Housing Act
Despite the pending settlement discussions, the Township of Mount Holly has filed its opening brief in the U.S. Supreme Court. The question presented in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. is whether disparate impact claims are cognizable under the Fair Housing Act (FHA).