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New rules mean tighter deadlines, fewer words

The Supreme Court issued revisions to its rules today. The changes largely mirror the amendments proposed late last year, with one notable exception: Although the justices reduced the word limits for opening briefs on the merits, they left the existing word limits for reply briefs in place. Changes to two rules – Rules 14.1 and […]
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April 19, 2019/by Amy Howe

Consumer Commission – Student Loan Discharge Recommendations

The American Bankruptcy Institute’s Commission on Consumer Bankruptcy issued its final report last week.   This is the first in a series of articles about those recommendations.  To see more information about the Commission, follow this link. As a commissioner, I can tell you that...
April 18, 2019/by Wendell Sherk, Missouri Bankruptcy Attorney

How To Remove Judgments After Bankruptcy

Judgments are issued when a creditor or debt collector takes you to court for the debt that you owe. A summons is sent to you and if you do not respond to that summons or if you lose the case, the court will issue a judgment in favor of the...
April 18, 2019/by Wesley Scott

Relist Watch: The Muller Report

John Elwood reviews Monday’s relists. I normally try to have Relist Watch written up by Wednesday after the court issues its order list. Here it is late Thursday and I’m just getting it out. It’s not just that I’m lazy, though I am. It’s that I’ve been mulling over the five new relists, and what […]
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April 18, 2019/by John Elwood

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary

On Tuesday, the Supreme Court heard oral argument in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. North Carolina hopes to convince the court that its method of taxing trusts, with jurisdiction based on an in-state beneficiary, passes constitutional muster. The court greeted the state’s arguments with significant skepticism. As a quick […]
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April 18, 2019/by Erin Scharff

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule

McDonough v. Smith, argued Wednesday, saw justices and attorneys repeating metaphors about heads spinning and constitutional rights swimming. The justices seemed inclined to rule for the petitioner (supported by the United States) that his claim was timely and that the limitations period on a civil action should not begin until favorable termination of criminal proceedings. […]
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April 18, 2019/by Howard M. Wasserman

Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday a Louisiana abortion clinic filed a cert petition asking the Supreme Court to strike down a state law requiring abortion providers to have admitting privileges at nearby hospitals; the justices had put the law on hold […]
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April 18, 2019/by Edith Roberts

Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms

On Tuesday, the Supreme Court heard oral argument in Parker Drilling Management Service, Ltd. v. Newton, a case about whether workers employed on drilling platforms more than three miles off the coast of California are entitled to the protections of California’s more worker-friendly wage-and-hours law or whether a federal statute, the Outer Continental Shelf Lands […]
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April 18, 2019/by Andrew Siegel

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