Civil Procedure. Relief from judgment. Civil rights. Prevailing party. Legal experts discuss Lackey v. Stinnie and the Supreme Court's interpretation of a prevailing party in civil rights litigation entitled to an award of attorneys' fees, and in BLOM Bank SAL v. Honickman and Waetzig v. Halliburton, the requirements for relief from judgment under F.R.C.P. 60(b).
Administrative Law. Non-delegation Doctrine. Appointments Clause. Legal experts discuss the Supreme Court's analysis of intelligible principles that support congressional delegation of power to agencies in F.C.C. v. Consumers' Research and congressional delegations of appointment powers to heads of agencies under the Appointments Clause in Kennedy v. Braidwood Mgmt. They discuss the potential impact of the Court's decision in Trump v. Wilcox on congressional restrictions of executive removal powers.
Civil Rights. § 1983. Prison Litigation Reform Act. Legal experts discuss the Supreme Court's analysis of language that confers individual rights in Medina v. Planned Parenthood South Atlantic and the requirement of a jury finding when there is a factual dispute over exhaustion of remedies under the Prison Litigation Reform Act in Perttu v. Richards.
Criminal Law and Procedure. Experts discuss how the Supreme Court's decision in Glossip v. Oklahoma defined the duty to correct false testimony, and how the Court's decision in Barnes v. Felix requires excessive force analysis to consider the totality of the circumstances.
Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White.
Universal Injunctions. Experts discuss Supreme Court limitations on lower court issuance of universal injunctions and the remedies that may remain available to them.
Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act in Pulsifer v. United States.
Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins
November 21, 2024
Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.
Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when an essential element of the charge.