Federal Courts
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U.S. Supreme Court opinions: June 1
The United States Supreme Court has issued opinions in five cases. -
After 7 years, Indiana returns seized Land Rover in landmark Supreme Court case
Forbes: "When Indiana law enforcement seized Tyson Timbs’ Land Rover seven years ago, he had no idea his car would become a vehicle that would jump-start part of the Bill of Rights." -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion affirming the district court's dismissal of a North Dakota Freedom of Information Act case. -
10 cases that could change how the Supreme Court looks at the Second Amendment
CNN: "The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public." -
Face masks required in all N.D. federal court buildings
Effective immediately, all visitors, employees, and contractors in North Dakota's federal court buildings are required to wear face masks or face coverings when in any common spaces, including courtrooms. -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the district court's sentence in a North Dakota manslaughter case. -
U.S.: Chief justice says pandemic teaches humility, compassion
Associated Press: "Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has 'pierced our illusion of certainty and control' and he counseled the students to make their way with humility, compassion and courage in a world turned upside down." -
U.S.: Covid-19 cases concerning prisoners' rights hit the Supreme Court
CNN: "The Supreme Court and courts across the country will see an increasing number of pandemic-related disputes in the coming weeks concerning prison conditions and whether prisons are violating the constitutional rights of inmates by failing to adequately protect them against the coronavirus." -
U.S.: COVID-19 and Supreme Court emergencies
SCOTUSblog: "Live teleconference oral arguments have been the most visible sign of the impact of the COVID-19 pandemic on the Supreme Court . . . however, the justices have also been busy with a steady flow of cases arising from the pandemic." -
Face coverings required at Fargo's federal courthouse
The Facility Security Committee for the Quentin N. Burdick Federal Building and United States Courthouse in Fargo has issued a policy requiring all visitors, employees, and contractors to wear face masks or face coverings. -
U.S.: What we learned from Supreme Court's first telehearings
Law 360: "A few bloopers notwithstanding, the U.S. Supreme Court has emerged unscathed from the uncharted waters of teleconference hearings and livestreaming prompted by the coronavirus pandemic." -
U.S. Supreme Court opinion: May 18
The United States Supreme Court has issued an opinion in a case involving punitive damages against the government of Sudan for a terrorist attack. -
U.S. Supreme Court opinion: May 14
The United States Supreme Court has issued an opinion in a trademark case involving competing brands of jeans. -
Nothing to draw when nothing to see leaves SCOTUS artists idle
Bloomberg News: "Art Lien has been tuning in for what’s both familiar and unrecognizable during the first-ever live audio of Supreme Court oral arguments." -
U.S.: Justice Clarence Thomas has found his moment
CNN: "Justice Clarence Thomas has become a luminary in today's Washington, in a way that might never have been imagined in the arc of his life and time on the bench." -
COVID-19's shadow spreads across federal court filings
Law 360: "Federal courts are seeing an explosion of complaints referencing the COVID-19 pandemic, and the surge is spreading to a host of practice areas." -
U.S. District Court issues updated pandemic order
The United States District Court for the District of North Dakota has issued an updated order on operations during the coronavirus pandemic emergency. -
U.S.: Climate change unleashes interstate water wars
E & E News: "A looming Supreme Court showdown over water flows from the Pecos River may be the first in a rising swell of interstate water battles driven by climate change." -
U.S. Supreme Court opinions: May 7
The United States Supreme Court has issued opinions in a case on the interpretation of federal fraud and wire fraud laws and a case involving the principle of party presentation on appeal. -
U.S. Supreme Court Notebook: Chatty Thomas breaks with precedent
Associated Press: "A Supreme Court justice gets it in his mind to ask a question, and pretty soon, he’s got questions for everyone. And so the next question: Will Clarence Thomas ever stop talking?" -
Justice Ginsburg in hospital with infection, court says
Associated Press: "Justice Ruth Bader Ginsburg was hospitalized Tuesday with an infection caused by a gallstone, but plans to take part in the court’s arguments by telephone Wednesday, the Supreme Court said." -
Smooth sailing in U.S. Supreme Court's first teleconference case; Thomas joins fray
Reuters: "The first U.S. Supreme Court arguments conducted by teleconference - a break from tradition due to the coronavirus pandemic - played out smoothly on Monday." -
U.S.: It's going to be an unusual May in the Supreme Court
ABA Journal: "For the first time in recent memory, the Supreme Court will be holding oral arguments in May, and for the first time ever, they will be by telephone." -
Black robes or bathrobes? Virus alters high court traditions
WSLS News: "The coronavirus pandemic is forcing big changes at the tradition-bound Supreme Court. The justices will hear arguments this month by telephone for the first time since Alexander Graham Bell patented his invention in 1876." -
PACER's flaws run counter to original purpose of increasing access to law
ABA Journal: "Like any lawyer, Tina Willis, owner of Tina Willis Law, a personal injury law firm in Orlando, Florida, frequently accesses court records electronically. But as a general rule, she tries to avoid PACER." -
Federal judge signs settlement in North Dakota voter ID lawsuits
Bismarck Tribune: "A federal judge has approved an agreement between North Dakota and American Indian tribes settling a dispute over the state’s voter identification requirements that at one point reached the U.S. Supreme Court." -
Courtroom access: Laboratories for live-streaming?
SCOTUSblog: "On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic." -
Blind justice: No visual cues in U.S. high court phone cases
Associated Press: "Because of the coronavirus pandemic the high court is, for the first time in its 230-year history, holding arguments by telephone." -
Federal courts begin to consider guidelines for reopening
U.S. Courts: "The Administrative Office of the U.S. Courts has distributed to the courts guidelines for restoring operations that rely heavily on conditions in local communities and on objective data from local and state public health officials and the Centers for Disease Control and Prevention." -
U.S. Supreme Court opinions: April 27
The United States Supreme Court has issued opinions in a case on payments to insurers under the Affordable Care Act and a case on copyright protection for state statute annotations. The Court also issued a per curiam opinion dismissing a firearms case as moot. -
U.S. Supreme Court opinions: April 23
The United States Supreme Court has issued opinions in a case on the removal of a lawful permanent resident who commits a serious crime, a trademark infringement case, and a Clean Water Act case involving discharge permits. -
U.S. Supreme Court decision on unanimous jury verdicts leaves military out
Stars & Stripes: "A Supreme Court opinion this week banning non-unanimous verdicts in state criminal cases leaves the military as the sole American jurisdiction that allows them." -
You’ve reached the Supreme Court. Press 1 for live arguments
Associated Press: "This is how the Supreme Court embraces technology. Slowly. It took a worldwide pandemic for the court to agree to hear arguments over the telephone." -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the conviction in a North Dakota involuntary manslaughter case. -
U.S. Supreme Court set to release spring opinions during coronavirus pandemic
CNN: "It's spring time at the Supreme Court which normally means the justices are just finishing oral arguments and hunkering down to release all outstanding opinions by their self-imposed end-of-June deadline." -
Justices rule against Montana homeowners near Superfund site
Associated Press: "The Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting." -
U.S. District Court updates coronavirus emergency order
The United States District Court for the District of North Dakota has posted an updated version of its COVID-19 emergency order. -
U.S. Supreme Court opinions: April 20
The United States Supreme Court has issued opinions in a case on unanimous jury verdicts, a case on challenges to patents, and a case from Montana on hazardous waste site cleanups. -
U.S.: Lawyers get ready for first-ever Supreme Court oral arguments by phone
NBC News: "The Supreme Court’s announcement this week that it will hold oral arguments via teleconference for the first time in its history has a small group of America’s top attorneys prepping for the most important phone calls of their careers." -
U.S. Supreme Court moves to limit paper filings
Bloomberg News: "The U.S. Supreme Court joined the chorus of federal courts across the country trying to reduce paper filings amid the coronavirus outbreak." -
U.S. Supreme Court to hold May arguments by teleconference
Associated Press: "The Supreme Court said Monday it will hold arguments by teleconference in May in key cases, including President Donald Trump’s bid to shield his tax and other financial records." -
U.S. Justice Stephen Breyer reflects on Supreme Court and life in isolation
CNN: "Supreme Court Justice Stephen Breyer recently plunked down before his computer camera for a lively Zoom chat with students at the United Nations International School, offering a glimpse of the justices' private negotiations against a canvas of how the law develops in America." -
U.S.: For Supreme Court, COVID-19 response is 'pretty challenging'
Reuters: " On Friday, the U.S. Supreme Court announced that it was postponing oral arguments in all of the cases it was scheduled to hear in April." -
U.S. Supreme Court opinions: April 6
The United States Supreme Court has released opinions in an age discrimination case, a case involving evidence found during a search of a vehicle, and an election case. -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the judgment of the district court in a North Dakota domestic assault case involving a "habitual offender" sentence. -
U.S. Supreme Court cancels oral arguments for rest of the term
NBC News: "The U.S. Supreme Court Friday said it will scrap the oral argument schedule for the rest of the term amid the coronavirus pandemic but left open the possibility that it might hear a few cases before the term ends in late June." -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the district court's dismissal of the plaintiff's claims in a North Dakota employment discrimination case. -
Paper filings, relics elsewhere, endure at SCOTUS through virus
Bloomberg News: "With the rest of Washington beginning to grind to a halt over coronavirus and social distancing not yet the norm, senior paralegal Cheryl Olson left Jenner & Block’s office March 19 for a four-mile round trip to deliver briefs to the U.S. Supreme Court—on foot." -
U.S. District Court issues new administrative order on videoconferencing
The United States District Court for the District of North Dakota has issued a new administrative order on the use of videoconferencing and teleconferencing. -
U.S.: Spring cases in limbo without Supreme Court guidance on arguments during pandemic
CNN: "The Supreme Court has yet to announce alternatives for regular oral arguments in pending cases, even as President Donald Trump has declared the national distancing guidelines should continue through April." -
U.S. District Court updates COVID-19 order
The United States District Court has updated its order on court operations during the COVID-19 emergency. -
8th Circuit issues opinions in 2 N.D. cases
The United States Court of Appeals for the Eighth Circuit has affirmed a summary judgment in an Americans With Disabilities Act case against the UND School of Law and the Bankruptcy Appellate Panel has affirmed the dismissal of an adversary proceeding in a North Dakota bankruptcy. -
Virus stimulus to help courts, authorizes some video hearings
Bloomberg Law: "The U.S. Supreme Court will get $500,000 as part of a historic government coronavirus stimulus package that also would authorize judges to allow video or telephone conferencing for certain hearings." -
Telephonic oral arguments: tips for advocates
Appellate Blog: "As federal courthouses limit their in-person operations because of COVID-19, telephonic oral arguments will become more common." -
Job Announcement - Term Law Clerk
A job announcement for a Term Law Clerk to a United States District Judge with the U.S. District Court in Fargo has been posted. -
U.S. Supreme Court opinions: March 23
The United States Supreme Court has issued opinions in a racial discrimination case, a copyright case involving images of a shipwreck, an insanity defense case and a case on deportation of criminal aliens. -
U.S. District Court updates order on coronavirus response
The United States District Court has issued an updated coronavirus order closing its courthouses in Bismarck, Fargo, Minot, and Grand Forks to the public effective March 23. -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota health insurance case involving a claim for air-ambulance benefits. -
The federal courts begin to adapt to COVID-19
Lawfare: "In the United States, the outbreak of the novel coronavirus quickly transformed from a looming risk to a paralyzing pandemic." -
Inmate waiting 40 years finally gets appeal hearing. But COVID-19 may shut down court
Charlotte Observer: "More than halfway through an 80-year sentence for a rape he says he didn’t commit, Ronnie Long has received what may be his last best chance for freedom: a hearing before the full Fourth Circuit Court of Appeals." -
U.S. District Court issues order on coronavirus emergency
The United States District Court for the District of North Dakota has issued an administrative order relating to the coronavirus emergency. -
U.S. Supreme Court postpones arguments because of virus outbreak
Associated Press: "The Supreme Court announced Monday that it is postponing arguments for late March and early April because of the coronavirus, including fights over subpoenas for President Donald Trump’s financial records." -
U.S. Supreme Court’s closure could be first disease-related shuttering in a century
SCOTUSblog: "On Thursday, the Supreme Court announced that it would close its doors to the public 'until further notice' '[o]ut of concern for the health and safety of the public and Supreme Court employees.'" -
U.S. District Court postpones investiture of Judge Welte
The United States District Court for the District of North Dakota announces the postponement of the March 19 investiture ceremony for Chief Judge Peter D. Welte, in Fargo. -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the dismissal of a North Dakota employment retaliation case. -
U.S.: Supreme Court takes up teen’s life-without-parole case
Courthouse News Service: "Taking up the case of a 15-year-old who killed his grandfather, the Supreme Court agreed Monday to decide whether a juvenile must be ruled 'permanently incorrigible' to get a life sentence without parole." -
8th Circuit decides N.D. accident cases
In separate appeals involving the same North Dakota incident, the United States Court of Appeals for the Eighth Circuit has remanded one case for lack of federal court jurisdiction and the other for new findings and conclusions on the allocation of fault. -
U.S.: Supreme Court adoption case could have broad nondiscrimination impact
NBC News: "A lawsuit that pits religious freedom against gay rights - and has been percolating through the court system and national news for two years - is officially on the Supreme Court’s docket." -
U.S. Supreme Court opinion: March 3
The United States Supreme Court has issued an opinion in a case involving fraudulent use of social security numbers by unauthorized aliens. -
U.S. Supreme Court March 4 arguments
Wednesday, the United States Supreme Court will hear arguments in a consolidated case on standing to challenge health and safety regulations relating to abortion clinics. -
U.S. Supreme Court March 3 arguments
Tuesday, the United States Supreme Court will hear arguments in a case on the constitutionality of the Consumer Financial Protection Bureau and a Securities and Exchange Commission case on equitable relief. -
U.S. Supreme Court March 2 arguments
Monday, the United States Supreme Court will hear arguments in a case involving a denial of relief under the Convention Against Torture and a case on whether asylum-seekers may challenge mistakes made during the expedited removal process. -
U.S. Supreme Court opinions: Feb. 26
The United States Supreme Court has issued three opinions: on the definition of “actual knowledge” under the Employee Retirement Income Security Act; on the standard to appeal a federal sentence; and on sentence enhancement under the Armed Career Criminal Act. -
U.S. Supreme Court opinions: Feb. 25
The United States Supreme Court has issued four opinions: on the standards for reviewing death penalty cases; on dividing a tax refund among a group of corporations; on law enforcement liability for a cross-border shooting; and on an international custody dispute. -
U.S.: Thomas criticizes a previous high court opinion - his own
ABC News: "Justice Clarence Thomas has made no secret of his dislike of past Supreme Court decisions written by other justices, including seminal opinions about abortion rights, press freedoms and a defendant's right to a lawyer." -
U.S. Supreme Court opinion: Feb. 24
The United States Supreme Court has issued a per curiam opinion in a pension benefits case. -
U.S. Supreme Court braces for contentious second half
Bloomberg Law: "The second half of the Supreme Court’s current term will be chock-full of high-profile arguments and blockbuster opinions, and court watchers say it’s going to be explosive." -
U.S. Justice Thomas: Judges aren’t ‘mass media icons,’ should uphold the law
Atlanta Journal Constitution: "Judges must adhere to the rule of law and not substitute their own racial, religious or partisan preferences to achieve a desired result, U.S. Supreme Court Justice Clarence Thomas said Tuesday." -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has issued a per curiam affirmance of the sentence in a North Dakota case. -
U.S.: Ginsburg says deadline to ratify Equal Rights Amendment has expired
CNN: "Justice Ruth Bader Ginsburg, a long-time supporter of the Equal Rights Amendment, suggested Monday night that the deadline to ratify the measure as a constitutional amendment has expired and that the decades long effort must start anew." -
After 2 Supreme Court wins, Florida man gets $875K from city
Associated Press: "Few people have fought any city hall all the way to the U.S. Supreme Court and won, but Fane Lozman did it twice. Now the Florida city he’s battled since 2006 is going to pay him thousands of dollars in legal fees." -
8th Circuit issues opinion in N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the district court's denial of a petition for a certificate of innocence in a North Dakota case involving federal gambling and money laundering convictions that were reversed on appeal. -
U.S.: Court may bless refunds for online access to judicial records
Politico: "A lawsuit accusing the federal court system of treating nearly a billion dollars in online access fees like a slush fund got a favorable reception on Monday from an appeals court." -
U.S.: Should the public pay a dime for access to court records?
Washington Post: "The federal judiciary charges 10 cents per page to pull up court files from its online record repository. The fees can add up quickly, and users must consider whether each click to view a public record is worth the cost." -
U.S.: The Supreme Court has a lot to do and isn't doing it quickly
CNN: "By the end of June, as the Supreme Court reaches its grand finale and issues the last flurry of opinions before fleeing for the summer, the justices will have changed the lives of those impacted by its decisions, such as undocumented immigrants, LGBTQ individuals, supporters of gun rights and even President Donald Trump." -
8th Circuit dismisses N.D. appeal
The United States Court of Appeals for the Eighth Circuit has dismissed an appeal in a North Dakota drug case. -
U.S.: Stakes are high for businesses, products liability plaintiffs in Supreme Court’s new Ford cases
Reuters: "On [Jan. 17], the U.S. Supreme Court agreed to hear two cases in which Ford is challenging rulings by state supreme courts that allowed state residents involved in in-state car accidents to proceed with product liability suits against Ford." -
U.S.: Supreme Court seems favorable to religious education funding
Associated Press: "The Supreme Court’s conservative majority appeared ready Wednesday to reinvigorate a Montana scholarship program and make it easier to use public money to pay for religious schooling in many states." -
Indian Child Welfare Act considered by en banc Fifth Circuit
Courthouse News Service: "A full 16-judge panel at the Fifth Circuit heard arguments Wednesday in a case that challenges a 1978 law that gives preference to Native American families in foster care and adoption proceedings involving children who are identified as belonging to a Native American tribe." -
Judge Traynor takes seat on U.S. District Court bench
On Jan. 13, President Donald J. Trump signed the commission formally appointing Daniel Mack Traynor as United States District Judge for the District of North Dakota. North Dakota Supreme Court Justice Gerald VandeWalle gave the oath of office to Judge Traynor. -
U.S.: Supreme Court considers religious schools case
MPR News: "The U.S. Supreme Court hears arguments Wednesday in a major case that could dramatically alter the line separating church and state." -
U.S. Supreme Court Jan. 21 arguments
Tuesday, the United States Supreme Court hears arguments in a case on the definition of “serious drug offense” and a case involving arbitration requires for an international commercial dispute. -
Job Announcement - Court Reporter
A job announcement for a Court Reporter with the U.S. District Court in Bismarck has been posted. -
Traynor receives commission to North Dakota federal court
Ballotpedia News: "On January 13, 2020, Daniel Mack Traynor received his judicial commission to the U.S. District Court for the District of North Dakota." -
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a summary judgment in a North Dakota personal injury case involving high voltage power lines. -
U.S. Supreme Court Jan. 15 arguments
Wednesday, the United States Supreme Court hears arguments in a case on age discrimination in employment. -
U.S. Supreme Court opinions: Jan. 14
The United States Supreme Court has issued an opinion in a bankruptcy case on the application of the automatic stay and vacated a lower court opinion in a retirement plan case. -
U.S. Supreme Court Jan. 14 arguments
Tuesday, the United States Supreme Court hears arguments in a New Jersey public corruption case and a trademark infringement case. -
8th Circuit decides two N.D. cases
The United States Court of Appeals for the Eighth Circuit has affirmed the judgment in an oil royalties overpayment case and affirmed the district court's decision on a motion to suppress in a sex abuse case. -
U.S. Supreme Court Jan. 13 arguments
Monday, the United States Supreme Court hears arguments in a case on whether preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in a prior case and in a retirement plan case involving breach of fiduciary duty.