Month: May 2021

SCOTUS Opinion: District Courts Have No Discretion To Reduce Appellate Costs

Federal Rule of Appellate Procedure 39 allows the taxation of certain appellate “costs” to the prevailing party, including “premiums paid for a bond or other security to preserve rights pending appeal.” In City of San Antonio v., L.P., San Antonio obtained a judgment in the district court of roughly $55 million after a jury trial. opted to appeal ... Read More

Client Alert: CIC Services, LLC v. Internal Revenue Service – A Rare Victory for the Taxpayer

  On May 17, 2021, a unanimous Supreme Court issued its opinion in the long-awaited case interpreting the Anti-Injunction Act as applied to the Internal Revenue Service. CIC Services, LLC v. Internal Revenue Service was a rare loss for the government. The Supreme Court held that CIC Services has jurisdiction to question the IRS’ ability to demand burdensome record-keeping information from ... Read More

SCOTUS Opinion: Limitations on CERCLA Contribution Claims Only for CERCLA-Specific Liabilities

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) established the framework for who should pay for environmental issues. In particular, CERCLA allows “a person who has resolved its liability to the United States or a State” in a settlement to raise a contribution claim from another responsible individual. In 2004, the Territory of Guam settled litigation initiated ... Read More

SCOTUS Opinion: Undocumented Immigrants face Higher Hurdle To Challenge Prior to Deportation

In 1988, a Mexican-national was convicted in California for felony DUI and then deported because at the time such a crime was an “aggravated felony” permitting removal. That same person illegally re-entered the United States and was indicted for unlawful reentry. The immigrant sought a collateral challenge of his prior removal order on the basis that the Court had since ... Read More

National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of May 24, 2021)

  (as of May 24, 2021) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More

SCOTUS Opinion: “Community Caretaking Exception” To The Fourth Amendment Blocked From The Home

In Caniglia v. Strom, after Edward Caniglia agreed to submit to a psychiatric evaluation and was taken by ambulance to the hospital, officers searched his home and seized his firearms without a search warrant. Caniglia sued, but the district court and the First Circuit rejected his suit under the “community caretaking exception” to the warrant requirement of the Fourth Amendment, ... Read More

SCOTUS Opinion: Anti-Injunction Act Does Not Limit Challenge To IRS Reporting Requirement

The Anti-Injunction Act provides that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person.” 26 U.S.C. sec. 7421(a). In IRS Notice 2016-66, the IRS required taxpayers to report information about certain insurance agreements, with civil tax penalties and criminal prosecution available in case of noncompliance. CIC ... Read More

SCOTUS Opinion: Court Expands Appellate Review For Remand Orders

Normally, after a case is removed to federal court, a decision of the district court to remand the case back to the state court is not reviewable on appeal. However, under 28 U.S.C. sec. 1447(d), appellate review is available where the case for removal is based on the involvement of a federal officer (sec. 1442) or concerns civil rights (sec ... Read More

SCOTUS Opinion: Court Closes Retroactivity Loophole For Criminal Procedure Decisions

Normally, new rules of criminal procedure do not apply retroactively. However, in Teague v. Lane, 489 U.S. 288 (1989), the Court made an exception for “watershed” rule changes. Since then, however, the Court had never found a rule change that passed muster. In Edwards v. Vannoy, Thedrick Edwards was found guilty of certain felonies by non-unanimous juries in state court, ... Read More

Client Alert: Maryland Real Estate Commission Activity

Various bulletins and notices from the Maryland Real Estate Commission serve as important reminders: Real Estate Agents Not to be Paid by Title Company or Others – Must be Paid Through the Brokerage. Payment of real estate commissions to agents or associate brokers may not be from the settlement company's account.  Instead, payments of commissions need to be paid through the real ... Read More

Client Alert: Wheeling v. Selene Finance, LP

The Court of Appeals of Maryland has held that a protected resident need not be deprived of actual possession as a condition to suit against a loan servicer under the 2013 residential eviction amendments set forth in Maryland Code Real Property Article § 7-113. In Wheeling v. Selene Finance, LP, the Court weighed-in on claims from two families regarding the ... Read More