As a result, a veteran whose benefits claim was denied based on the later invalidated regulation may not seek to reopen his benefits denial under a statute that authorizes collateral review of veterans’ benefits decisions on grounds of “clear and unmistakable error.Rome ( Italian and Latin: Roma ( listen)) is the capital city of Italy. On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute. Continue Reading OPINION ANALYSIS In far cry from usual textualism, court rejects veteran’s attempt to reopen a benefits denial based on legal error By Anita Krishnakumar on at 10:08 am The court also held that the specific investment treaty arbitral panel at issue in AlixPartners is beyond the scope of Section 1782, but it apparently left the door open for Section 1782 to reach some types of public law international arbitration proceedings. As a result, Section 1782 is no longer available for use in private commercial arbitration proceedings. Fund for Protection of Investors’ Rights in Foreign States that only a governmental or intergovernmental body with adjudicative authority is covered by Section 1782. § 1782, which allows an interested party to obtain discovery in the United States “for use in a proceeding in a foreign or international tribunal.” The court unanimously held in ZF Automotive US, Inc. In a decision that was much anticipated in the international business community, the Supreme Court on Monday clarified the scope of 28 U.S.C.
court for use in international arbitrations By Minyao Wang on at 11:20 am Continue Reading OPINION ANALYSIS Justices curtail ability to get discovery in U.S. This week we highlight petitions asking the Supreme Court to consider, among other things, whether to weigh in on a major question for congressional elections that has repeatedly ricocheted around the shadow docket.
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The party that sought relief can still file a petition for certiorari seeking oral argument and full review on the merits of the larger issue, even though the court’s decision may come after the result the party had hoped to avoid has occurred.
When the justices deny an emergency application, however, that is not necessarily the end of the road. Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. A list of all petitions we’re watching is available here. The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Continue Reading Petitions of the Week Pennsylvania’s congressional map returns to the court By Kalvis Golde on at 5:24 pm Washington.Ĭlick here for a list of FAQs about opinion announcements. Makin, Marietta Memorial Hospital Employee Health Benefit Plan v. On Tuesday, June 21, we live blogged as the court released orders from the June 16 conference and opinions in Carson v. Live Announcement of orders and opinions for Tuesday, June 21 (complete) By Angie Gou on at 12:00 am
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