| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
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IL LEGIS 102-29 (2021) |
S.B. 166 2021 Ill. Legis. Serv. P.A. 102-29 (S.B. 166) (WEST) (Approved: June 25, 2021) |
Legislation (Proposed & Enacted) |
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AN ACT concerning State government. |
2021 |
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12-3-224:29.00. Financial eligibility standards -- Medicaid for the aged, blind, and disabled (MABD) (10/01/2021, GCR 20-002) |
Vt. Admin. Code 12-3-224:29.00 (2021) |
Regulations (Proposed & Adopted) |
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West's Vermont Administrative Code|**|Title 12. Agency of Human Services|**| Subtitle 3. Department for Children and Families (Dcf)|**| Economic Services Division|**| Rule 224. Health Benefits Eligibility and Enrollment|**| Part Five. Financial Methodologies |
2021 |
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2021 VT REG TEXT 589296 (NS) |
(3/11/2021) |
Regulations (Proposed & Adopted) |
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This proposed rulemaking amends Parts 1, 5, 7 and 8 of the 8-part Health Benefits Eligibility and Enrollment (HBEE) rule. Parts 1, 5 and 7 were last amended effective January 15, 2019. Part 8 was last amended effective July 1, 2019. The majority of changes result from the transitioning of Qualified Health Plan (QHP) premium processing functions from AHS to QHP issuers, as contemplated in 2018 1 (Sp. Sess.) Acts and Resolves No. 11, Sec. C.102(a)(3). |
2021 |
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2021 VT REG TEXT 589296 (NS) |
(8/10/2021) |
Regulations (Proposed & Adopted) |
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This proposed rulemaking amends Parts 1, 5, 7 and 8 of the 8-part Health Benefits Eligibility and Enrollment (HBEE) rule. Parts 1, 5 and 7 were last amended effective January 15, 2019. Part 8 was last amended effective July 1, 2019. The majority of changes result from the transitioning of Qualified Health Plan (QHP) premium processing functions from AHS to QHP issuers, as contemplated in 2018 1 (Sp. Sess.) Acts and Resolves No. 11, Sec. C.102(a)(3). |
2021 |
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Complaint |
(9/14/2021) |
Trial Court Documents |
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Plaintiffs Dr. Adrian Douglas and Dr. Bruce Douglas (collectively, Plaintiffs), for their complaint against The Board of Trustees (the Board) of Cloud County Community College (the... |
2021 |
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Complaint |
(8/30/2021) |
Trial Court Documents |
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Plaintiffs Russell Ellis, Jr., Gabriel Golden, Hamani Nowlen, Damien Taylor, and Karinn Young bring this complaint against Defendant University of Washington Police Department (UWPD) and... |
2021 |
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Complaint for Declaratory Judgment and for Injunctive Relief |
(7/1/2021) |
Trial Court Documents |
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Andy Hope Williams Jr brings this action against the named States to declare that the language in their constitution is cruel, unusual and violates the human rights of the people to be free... |
2021 |
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Complaint for Injunctive Relief |
(12/20/2021) |
Trial Court Documents |
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FN1. N.H. Dep't of Education, Performance Assessment of Competency Education |
2021 |
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Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss |
(5/28/2021) |
Trial Court Documents |
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In December 2014, the United States and France entered into Agreement. See Am. Compl. ¶ 1. The preamble to the U.S.-France Agreement noted that the governments of both countries:... |
2021 |
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Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss |
(5/28/2021) |
Trial Court Documents |
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In December 2014, the United States and France entered into Agreement. See Am. Compl. ¶ 1. The preamble to the U.S.-France Agreement noted that the governments of both countries:... |
2021 |
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Memorandum of Points and Authoritiesin Support of Defendant's Motion to Dismiss |
(7/26/2021) |
Trial Court Documents |
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In December 2014, the United States and France entered into the Agreement. See Compl. ¶ 1. The preamble to the U.S.-France Agreement noted that the governments of both countries:... |
2021 |
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Verified Complaint for: 1. Declaratory Relief/Quantum Meruit; 2. Constructive/Resulting Trust; 3. Unlawful Business Practices; 4. Breach of Implied Contract; 5. Misrepresentation of Origination/Commercial Misappropriation (Lanham Act, s 43(b)); 6. Copyrig |
(1/11/2021) |
Trial Court Documents |
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(United States District Court) [DEMAND FOR JURY TRIAL] PLAINTIFF INCORPORATES THE FOLLOWING: Plaintiff DONAT RICKETTS d/b/a ABIFF PRODUCTIONS (Ricketts, Abiff Productions and/or... |
2021 |
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Csx Corporation |
S.E.C. No - Action Letter (1/2/2020) |
Administrative Decisions & Guidance |
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2020 |
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United Kingdom 2019 Human Rights Report |
USDS (3/11/2020) |
Administrative Decisions & Guidance |
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2020 |
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Appellant's Opening Brief |
Court of Appeal, Second District, California. (Docket Number No. B299033.) (7/11/2020) |
Briefs |
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FN1. The attorney's fees portion of the judgment was entered only against Defendant-Appellant Renee L. Dolberry, Defendant-Appellant Tim Dolberry is joined in the appeal out of an abundance... |
2020 |
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Appellant's Opening Brief |
Court of Appeal, Second District, California. (Docket Number No. B299033.) (7/13/2020) |
Briefs |
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FN1. The attorney's fees portion of the judgment was entered only against Defendant-Appellant Renee L. Dolberry, Defendant-Appellant Tim Dolberry is joined in the appeal out of an abundance... |
2020 |
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Brief Amici Curiae of Miguel H. Diaz, Ambassador to the Holy See, Ret.; Child Usa; Dignityusa; New Ways Ministry; Water; and Woc in Support of Respondents |
Supreme Court of the United States. (Docket Number No. 19-123.) (8/19/2020) |
Briefs |
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FN1. With the written consent of the Petitioners and the Respondents, amici respectfully submit this brief as amici curiae. Counsel for amici curiae authored this brief in whole and no... |
2020 |
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Brief for Petitioners |
Supreme Court of the United States. (Docket Number No. 18-1447.) (9/4/2020) |
Briefs |
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FN1. See Jesner v. Arab Bank, PLC, 138 S. Ct. 1386, 1398 (2018) (ATS litigation implicates serious separation-of-powers and foreign-relations concerns and must be subject to vigilant... |
2020 |
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Brief for the United States |
United States Court of Appeals, Eleventh Circuit. (Docket Number No. 20-10821-JJ.) (12/10/2020) |
Briefs |
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The United States of America respectfully suggests that the facts and legal arguments are adequately presented in the briefs and record before this Court and that the decisional process... |
2020 |
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Brief of Appellant Danielle Edmonson |
United States Court of Appeals, Eleventh Circuit. (Docket Number No. 20-10821-J.) (7/27/2020) |
Briefs |
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Appellant files this Certificate of Interested Persons and Corporate Disclosure Statement, listing in alphabetical order the parties and entities interested in this appeal, as required by... |
2020 |
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Brief of Professors Samuel Estreicher and Thomas H. Lee as Amici Curiae in Support of Neither Party |
Supreme Court of the United States. (Docket Number Nos. 18-1447, 19-351.) (9/11/2020) |
Briefs |
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FN1. Pursuant to Supreme Court Rule 37.6, counsel for amici curiae state that no counsel for a party authored this brief in whole or in part, and no party or counsel for a party, or any... |
2020 |
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Brief of Professors Samuel Estreicher and Thomas H. Lee as Amici Curiae in Support of Neither Party |
Supreme Court of the United States. (Docket Number Nos. 18-1447, 19-351.) (9/11/2020) |
Briefs |
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FN1. Pursuant to Supreme Court Rule 37.6, counsel for amici curiae state that no counsel for a party authored this brief in whole or in part, and no party or counsel for a party, or any... |
2020 |
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Petition |
Supreme Court of the United States. (Docket Number No. 20-230.) (8/1/2020) |
Briefs |
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This Petitioner believes that, while living in HUD retirement housing his income would normally justify filing a Motion to Proceed In Forma Pauperis, his modest inherited resources preclude... |
2020 |
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Bey V. Trump |
Slip Copy; United States District Court, S.D. New York. (Docket Number 20-CV-5574 (ER)) (7/27/2020) |
Cases |
As of January 2, 2021 the case has been appealed to the US Court of Appeals or the US Supreme Court. |
Plaintiff brings this pro se action, for which the filing fee has been paid, seeking reparations and other relief for Moorish-Americans and other descendants of slaves. The Court dismisses the complaint for the reasons set forth below. The Court has the authority to dismiss a complaint, even when the plaintiff has paid the filing fee, if it... |
2020 |
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Longtin V. Pollard |
Not Reported in N.W. Rptr.; Court of Appeals of Minnesota. (Docket Number A20-0200) (9/14/2020) |
Cases |
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Appellant challenges the district court's entry of summary judgment in favor of respondents on appellant's claims for civil assault and conspiracy to commit civil assault. We affirm the judgment because the circumstances surrounding the threatening statement at issue do not indicate any contemporaneous ability to carry out the threat and the... |
2020 |
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Rafi V. Yale University School of Medicine |
Slip Copy; United States District Court, D. Connecticut. (Docket Number 3:18-CV-635 (AWT)) (7/28/2020) |
Cases |
As of January 2, 2021 the case has been appealed to the US Court of Appeals or the US Supreme Court. |
Plaintiff Dr. Syed K. Rafi, proceeding pro se, brings claims against Yale University School of Medicine (Yale), Dr. Richard Lifton (Lifton), and Dr. Allen Bale (Bale) (collectively the Yale Defendants); Brigham and Women's Hospital (BWH) and Dr. Cynthia Morton... |
2020 |
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Stang V. Union for Reform Judaism |
--- F.Supp.3d ---- (Docket Number 20 C 757) (8/18/2020) |
Cases |
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TORTS Defamation. Allegedly defamatory statements written by official of Jewish nonprofit could be interpreted as referring to someone other than Jewish lawyers. |
2020 |
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United States V. Cottman |
807 Fed.Appx. 204, United States Court of Appeals, Fourth Circuit. (Docket Number 18-4794) (3/23/2020) |
Cases |
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CRIMINAL JUSTICE Evidence. Testimony that defendant named her business 40 AM Tax Service because it stood for 40 Acres and a Mule as admissible. |
2020 |
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| United States Department of Justice |
§ [8-3.010]trafficking in Persons Report |
Aspen Publishers COMMENT 8-3.010 |
Law Review Articles and Other Secondary Sources |
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2020 |
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| Barbara J. Van Arsdale, J.D., Francis M. Dougherty, J.D., Edward K. Esping, J.D., Tracy Bateman Farrell, J.D., Jill Gustafson, J.D., Rachel M. Kane, M.A., J.D., John Kimpflen, J.D., Anne E. Melley, J.D., LL.M., of the staff of the National Legal Research |
§ 1:26. Particular Applications of Principle |
Federal Procedure, Lawyers Edition § 1:26 |
Law Review Articles and Other Secondary Sources |
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Applying the criteria governing judicial deference in cases presenting political questions, federal courts have declined to hear cases questioning political gerrymandering in a congressional redistricting. alleging that the United States and a former Secretary of State were liable, under the Alien Tort Statute, to victims and survivors of victims... |
2020 |
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| Edward F. Koren; Updated by Karen T. Schiele, By:, Edward F. Koren, Updated by Philip Feist |
§ 1:31.malpractice Prevention |
Estate, Tax and Personal Financial Planning § 1:31 |
Law Review Articles and Other Secondary Sources |
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The 80's and 90's have seen another phenomenon in the estate planning area: the increasing exposure of the estate planner to claims of professional malpractice. These are particularly troublesome because the liability can arise so long after the service was performed. For example, the Supreme Court of California, reversing a lower court decision,... |
2020 |
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§ 1:35.a Philosophical and Policy Overview of Constitutional and Statutory Civil Rights Law Principles-examples of the Tension Between the Process and Outcome Theories-a Case Study in Process Versus Outcome Theory: the Metro Broadcasting Decision |
...Kaplan, Equal Justice in an Unequal World; Equality for the Negro The § 1:35 Problem of Special Treatment |
Law Review Articles and Other Secondary Sources |
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One recent Supreme Court decision, Metro Broadcasting, Inc. v. Federal Communications Commission, crystallizes the entire debate between the process and outcome notions of equality. The Metro Broadcasting decision is worth holding up to close examination as a detailed case study |
2020 |
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| Robert E. McKenzie |
§ 1:62.abusive Schemes and Promoter Investigations |
Representing the Audited Taxpayer Before the IRS § 1:62 |
Law Review Articles and Other Secondary Sources |
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IRS efforts to combat abusive schemes and scams (including the Offshore Credit Card Project) significantly increased from Fiscal Year 2003 to Fiscal Year 2008. Schemes and scams on the rise include: schemes, reducing a person's tax liability by claiming inflated expenses, false deductions, unallowable credits or excessive exemptions; frivolous... |
2020 |
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| Jacob A. Stein |
§ 10:28.the Concepts of Duty and Due Care |
Stein on Personal Injury Damages § 10:28 |
Law Review Articles and Other Secondary Sources |
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As a general proposition, applicable in the ordinary negligence case, the rule of ordinary care prevails. For example, where the defendant has taken some affirmative action such as driving an automobile whenever he or she should reasonably foresee that such conduct will involve an unreasonable risk of harm to other drivers or to pedestrians, the... |
2020 |
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§ 111international Law and Agreements as Law of the United States |
Restatement of the Law - The Foreign Relations Law of the United States 111 (1987) (October 2020 Update) |
Law Review Articles and Other Secondary Sources |
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(1) International law and international agreements of the United States are law of the United States and supreme over the law of the several States. (2) Cases arising under international law or international agreements of the United States are within the Judicial Power of the United States and, subject to Constitutional and statutory limitations... |
2020 |
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§ 13:9.other Civil Rights Legislation |
Government Discrimination: Equal Protection Law and Litigation § 13:9 |
Law Review Articles and Other Secondary Sources |
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Civil rights legislation, in addition to the laws summarized above, provides both criminal and civil causes of action where federal statutory and constitutional rights are abridged. It is also possible to sue federal officials directly under the Constitution. The most significant civil cause of action provision is § 1983. The provision, which... |
2020 |
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| David F. Herr |
§ 1407.multidistrict Litigation |
Multidistrict Litigation Manual PT II |
Law Review Articles and Other Secondary Sources |
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House Report No. 1130, see 1968 U.S. Code Cong. and Adm. News, p. 1898. House Report Nos. 94-499, 94-1343, and 94-1373, see 1976 U.S. Code Cong. and Adm. News, p. 2572. The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in this title. Section 4C of the Clayton Act, referred to in subsec. (h), is section 4C of Act Oct. 15,... |
2020 |
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| Jill Gustafson, J.D.; and Janice Holben, J.D. |
§ 147.implicit Waiver of Immunity under Foreign Sovereign Immunities Act |
American Jurisprudence, Second Edition § 147 |
Law Review Articles and Other Secondary Sources |
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The focus of analysis in determining whether there has been an implicit waiver of immunity under the Foreign Sovereign Immunities Act (FSIA) falls on the acts of the foreign sovereign, not on the acts of others. Thus, particular factual circumstances govern whether an implicit waiver will or will not be found. The implied waiver provision of the... |
2020 |
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| William F. Patry |
§ 25:39.the Shaky Foundation of Modern Customary International Law (Cil)-sources of Authority for Cil |
Patry on Copyright § 25:39 |
Law Review Articles and Other Secondary Sources |
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We begin with the Western Maid positivist requirement that domestic law be grounded in the command of a sovereign, and the constitutional imperative that federal judges not make law without authorization from such a command. Lacking these two requirements, modern customary international law cannot be treated as law in the United States. Modern... |
2020 |
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| Ann Taylor Schwing |
§ 25:63.tolling for Persons Disabled or Affected by War or Great Cruelty |
Expert Series § 25:63 |
Law Review Articles and Other Secondary Sources |
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Section 354 of the Code of Civil Procedure provides: When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the continuance of such disability is not part of the period limited for the commencement of the action whether such cause of action shall have accrued prior to or during the... |
2020 |
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| Laurence F. Casey, Revised and Supplemented by Edward J. Smith |
§ 3:08.55.filing of Returns-frivolous Return Positions |
Casey Federal Tax Practice A Treatise of the Laws and Procedures Governing the Assessment and Litigation of Federal Tax Liabilities § 3:08.55 |
Law Review Articles and Other Secondary Sources |
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The Service has released a warning regarding what it says is a promoted position that United States tax applies only to income from certain foreign activities. The claim is based on Sections 861 through 865, and Regulation § 1.861-8. The Service points out that these provisions govern how income is sourced (as domestic or foreign) for the... |
2020 |
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| Rodney A. Smolla |
§ 3:17.standing to Sue under the Fair Housing Act-constitutional and Statutory Standing-summary |
Federal Civil Rights Acts § 3:17 |
Law Review Articles and Other Secondary Sources |
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In combination, Trafficante, Gladstone, and Havens create a generous standing doctrine under the Fair Housing Act, a doctrine that requires a finding of standing to the full extent permitted by Article III of the Constitution. Lower courts accordingly have tended to be expansive in granting standing under the Act, including cases of noneconomic... |
2020 |
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| Laurence F. Casey, Revised and Supplemented by Edward J. Smith |
§ 3:36.selection of Returns for Examination |
Casey Federal Tax Practice A Treatise of the Laws and Procedures Governing the Assessment and Litigation of Federal Tax Liabilities § 3:36 |
Law Review Articles and Other Secondary Sources |
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The Internal Revenue Service has stated that the usual reason for selecting a tax return for examination is to verify the correctness of income, exemptions, or deductions that have been reported on the return. Returns are primarily selected for examination by use of a computer program known as the Discriminant Function System (DIF). The DIF process... |
2020 |
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| Richard D. Freer and, Edward H. Cooper |
§ 3531.10citizen Suits |
Federal Practice and Procedure (Wright & Miller) § 3531.10 |
Law Review Articles and Other Secondary Sources |
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Standing doctrines reflect in many ways the rule that neither citizens nor taxpayers can appear in court simply to insist that the government and its officials adhere to the requirements of law. This rule is indeed the central foundation of the doctrines that have been elaborated in earlier sections. Because of this prior discussion, little need be... |
2020 |
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| Richard D. Freer and, Edward H. Cooper |
§ 3534.2political Questions-foreign Affairs and Indian Tribes |
Federal Practice and Procedure (Wright & Miller) § 3534.2 |
Law Review Articles and Other Secondary Sources |
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Matters dealing with foreign affairs constitute one of the areas in which courts regularly recognize a very broad latitude in the political branches. It has been said that [t]he conduct of the foreign relations of our Government is committed by the Constitution to the Executive and Legislativethe politicalDepartments of the Government, and the... |
2020 |
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| Arthur H. Boelter |
§ 4:125. Injunction Against Future Preparer Activities |
Tax Penalties and Interest § 4:125 |
Law Review Articles and Other Secondary Sources |
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The issuance of an injunction against future return preparation activities is within the discretion of the court. Even where a court finds that a preparer has continually or repeatedly disregarded rules and regulations related to the Code, a court may decline to issue a blanket injunction. A blanket injunction is warranted where the government can... |
2020 |
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| Joni Larson, LL.M. |
§ 49b:10. Priorities |
Mertens Law of Federal Income Taxation § 49B:10 |
Law Review Articles and Other Secondary Sources |
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In 2002, the Service identified six areas of priorities it uses in its auditing: Offshore Credit Cards. The Service received court approval to issue third party summonses to the major credit card issuers to obtain information on credit cards issued by banks in certain tax havens. It also issued summonses to a number of United States businesses and... |
2020 |
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§ 5:4.race-discriminatory Application of Law |
Government Discrimination: Equal Protection Law and Litigation § 5:4 |
Law Review Articles and Other Secondary Sources |
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The most celebrated equal protection violation cases in recent years have been those challenging the discriminatory impact of facially neutral laws. The problems of proof of such discrimination are discussed in § 3:4, supra. Although laws with such disparate impact are often invalidated under statutory standards, most constitutional challenges are... |
2020 |
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| Arthur H. Boelter and Hertsel Shadian, with contributions by Nick Preusch |
§ 5:49.frivolous |
Tax Preparer Penalties and Circular 230 Enforcement § 5:49 |
Law Review Articles and Other Secondary Sources |
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The questions of the constitutionality of I.R.C. § 6702, as well as to what is considered frivolous, are the issues which have arisen most. The return that does not contain sufficient information to calculate the tax is generally clear on its face. With regard to what is considered frivolous, the district court in Gimelli v. United States, set... |
2020 |
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| Arthur H. Boelter and Hertsel Shadian, with contributions by Nick Preusch |
§ 6:39.injunction Against Future Preparer Activities |
Tax Preparer Penalties and Circular 230 Enforcement § 6:39 |
Law Review Articles and Other Secondary Sources |
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The issuance of an injunction against future return preparation activities is within the discretion of the court. Even where a court finds that a preparer has continually or repeatedly disregarded rules and regulations related to the Code, a court may decline to issue a blanket injunction. A blanket injunction is warranted where the government can... |
2020 |
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