In June 2015, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (“EPA”) jointly adopted the “Waters of the United States” Rule (“WOTUS Rule”) as published in the “Clean Water Rule.” See In re U.S. Dep’t of Def. et al., 817 F...
federal courts
Miguel Angel Peña Rodriguez worked as a horse keeper at a horse-racing track. See Pena-Rodriguez v. People, 2015 CO 31, ¶3 (2015); Brief for Respondent, State of Colorado at 4. In May of 2007, a man sexually harassed two teenage girls in the women’s...
Federal courts will refuse to hear a case if they find that it presents a political question. This doctrine refers to the idea that an issue is so politically charged that federal courts, which are typically viewed as the apolitical branch of...
In July 2002, petitioner James Benjamin Puckett was charged in the United States District Court for the Northern District of Texas for bank robbery and use of a firearm in the commission of a crime of violence. See U.S. v. Puckett, 505 F.3d 377, 381 (...
On February 28, 2006, Petitioner Manfredo M. Salinas (“Salinas”), a railroad worker, applied to Respondent United States Railroad Retirement Board (the “Board”) for a disability annuity under 45 U.S.C. § 231(a)(1). See Salinas v. U.S. R.R. Ret. Bd. at...
Shady Grove Orthopedic Associates (“Shady Grove”) provided medical care to Sonia Galvez for her injuries as a result of a car accident in May, 2005. See Shady Grove Orthopedic Assocs. v. Allstate Ins. Co. (“Shady Grove I”), 466 F. Supp. 2d 467, 469 (E....
Petitioner Sprint Communications Company, L.P. (“Sprint”) connected Voice over Internet Protocol (“VoIP”) calls from Sprint’s to Windstream’s customers.Sprint Commc’n. Co., L.P. v. Jacobs, et al., 690 F.3d 864, 866 (8th Cir. 2012). Windstream...
Standing, or locus standi, is capacity of a party to bring suit in court.
Standing in State Court
A state's statutes will determine what constitutes standing in that particular state's courts. These typically revolve around the...
Whether a named plaintiff in a class action lawsuit can defeat a defendant’s attempt to remove the action to federal court, by stipulating for the named plaintiff and absent potential class...
Sean Carter was convicted of aggravated murder, aggravated robbery, and rape and sentenced to death in Ohio. Carter v. Bradshaw, 583 F. Supp. 2d 872, 873 (N.D. Ohio 2008). When Carter refused to discuss a possible appeal, Carter’s counsel worried that...