Rotkiske V. Klemm
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Rotkiske V. Klemm
''Rotkiske v. Klemm'', 589 U.S. ___ (2019), was a decision by the Supreme Court of the United States involving the statute of limitations under the Fair Debt Collection Practices Act of 1977. The Court ruled that the statute of limitations begins one year after the alleged FDCPA violation took place, not one year after the violation was discovered by the plaintiff.. This ruling affirmed a decision by the United States Court of Appeals for the Third Circuit, 3rd Circuit Court of Appeals. It is noteworthy for being the first signed opinion released from the 2019 term. It is also noteworthy for resolving a circuit split regarding a major consumer protection law. Background Legal concepts The Fair Debt Collection Practices Act In 1977, United States Congress, Congress enacted the Fair Debt Collection Practices Act (FDCPA), a landmark consumer protection law which established federal legal protections against abusive or unfair debt collection practices. It enacted regulations ...
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3d Cir
3-D, 3D, or 3d may refer to: Science, technology, and mathematics Relating to three-dimensionality * Three-dimensional space ** 3D computer graphics, computer graphics that use a three-dimensional representation of geometric data ** 3D film, a motion picture that gives the illusion of three-dimensional perception ** 3D modeling, developing a representation of any three-dimensional surface or object ** 3D printing, making a three-dimensional solid object of a shape from a digital model ** 3D display, a type of information display that conveys depth to the viewer ** 3D television, television that conveys depth perception to the viewer ** Stereoscopy, any technique capable of recording three-dimensional visual information or creating the illusion of depth in an image Other uses in science and technology or commercial products * 3D projection * 3D rendering * 3D scanning, making a digital representation of three-dimensional objects * 3D video game (other) * 3-D Secure, a se ...
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United States District Court For The Eastern District Of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania (in case citations, E.D. Pa.) is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789. It originally sat in Independence Hall in Philadelphia as the United States District Court for the District of Pennsylvania, and is now located at the James Byrne Courthouse at 601 Market Street in Philadelphia. There are Eastern District federal courtrooms in Philadelphia, Lancaster, Allentown, Reading, and Easton. The Court's jurisdiction includes Philadelphia, as well as Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery and Northampton counties. The district is a part of the Third Circuit, and appeals are taken to that Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The chief judge for the Eastern Pennsylvania District Court is Juan Ramon Sánchez. The people in the di ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Court and its longest-serving member since Anthony Kennedy's retirement in 2018. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but was frustrated over the church's insufficient attempts to combat racism. He abandoned his aspiration of becoming a clergyman to attend the College of the Holy Cross and, later, Yale Law School, where he was influenced by a number of conservative authors, notably Thomas Sowell, who dramatically shifted his worldview from progressive to ...
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Jones Day
Jones Day is an American multinational law firm. As of 2021, it was the eighth largest law firm in the U.S. and the 13th highest grossing law firm in the world. Originally headquartered in Cleveland, Ohio, Jones Day ranks first in both M&A league tables and the 2017 U.S. Law Firm Brand Index. Jones Day has represented over half of the companies in the Fortune 500, including Goldman Sachs, General Motors, McDonald's, and Bridgestone. Historically, the firm has been a giant in corporate law. Since the 2000s, the firm has become increasingly active in aiding the Republican Party and the American conservative movement. Jones Day was outside counsel for the Trump 2016 and Trump 2020 campaigns. Jones represented former President Donald Trump in lawsuits seeking to stop votes from being counted in the 2020 election. In 2021, Jones Day hired a significant number of former Trump administration lawyers. History Jones Day was founded as Blandin & Rice in 1893 by two partners, Ed ...
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Boies Schiller Flexner LLP
Boies Schiller Flexner LLP is a national law firm based in New York City. The firm was founded by David Boies and Jonathan D. Schiller, in 1997, who, in 1999, were joined by Donald L. Flexner, former partner with Crowell & Moring, then forming Boies, Schiller & Flexner. The firm has become known for its involvement in high-profile litigation, having represented the Department of Justice in the antitrust action ''United States v. Microsoft'', as well as Vice President Gore in the Supreme Court case ''Bush v. Gore.'' More recently, Boies successfully challenged the constitutionality of California's Proposition 8 in ''Perry v. Brown,'' and represented the National Football League in the antitrust litigation initiated by the players' union. The firm has drawn controversy for its aggressive tactics during representation of Harvey Weinstein amidst sexual abuse allegations and the now-defunct blood testing startup Theranos. Notable clients Among other high-profile clients, Boies Schil ...
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Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cent ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland *Eastern District of North Carolina * Middle District of North Carolina *Western District of North Carolina * District of South Carolina * Eastern District of Virginia * Western District of Virginia * Northern District of West Virginia *Southern District of West Virginia The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals. __TOC__ Current composition of the court : Vacancies and pending nominations List of former judges Chief judges Succession of seats ...
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Thomas Hardiman
Thomas Michael Hardiman (born July 8, 1965) is a United States circuit judge of the United States Court of Appeals for the Third Circuit. Nominated by US President George W. Bush, he began active service on April 2, 2007. He maintains chambers in Pittsburgh, Pennsylvania and was previously a United States district judge. In 2017, Hardiman was a finalist to succeed Antonin Scalia as an Associate Justice of the Supreme Court of the United States, alongside the eventual nominee, Neil Gorsuch. The next year, after Justice Anthony Kennedy had announced his retirement from the Supreme Court, Hardiman was once again considered to be a frontrunner to fill the vacant seat, which was filled by Brett Kavanaugh. Early life and education Hardiman was born in 1965 in Winchester, Massachusetts, and was raised in Waltham, Massachusetts, Waltham. His father, Robert, owned and operated a taxicab and school transportation business and his mother, Judith, was a homemaker and Bookkeeping, boo ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Argument In The Alternative
Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's. Bart Simpson's classic "I didn't do it, no one saw me do it, you can't prove anything!" could be considered a somewhat humorous example. In a more serious example, a lawyer might argue, not only that his client was elsewhere when a murder or other crime took place, but also that ''even if he had been on the scene'', he would have had no way of accessing the alleged murder weapon. In this way, the lawyer attacks several premises of the prosecution's argument at once. The secondary line of reasoning might be presented to persuade a sub-audience who would not otherwise agree with the primary argument. In regards to contract law, arguing in the altern ...
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