37 results for 'cat:"Civil Procedure" AND cat:"Constitution"'.
J. Genovese vacates the trial court's declaration that Act 322, the statute that revived prescribed child sex abuse claims for a limited three-year period, is unconstitutional. There was a statutory basis for sustaining the exception of prescription without having to determine the constitutionality of Act 322, and the instant case was not in the proper procedural posture for constitutional review. Vacated in part.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: June 27, 2023, Case #: 2022-CA-01826, Categories: civil Procedure, constitution, Negligence
J. Waterman finds that the lower court properly denied the state's motion to dissolve a permanent injunction barring enforcement of the “fetal heartbeat” provision of state code chapter 146C, which would prohibit most abortions at six weeks. The state attempted to judicially revive a statute declared unconstitutional in a final judgment that had not been appealed after four years and now wishes to bypass the legislature. Since the court is deadlocked 3-3, the injunction stands. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: June 16, 2023, Case #: 22-2036, Categories: civil Procedure, constitution
Per curiam, the supreme court finds the ex-husband has not met his burden to force the lower court to issue rulings on motions he filed in a lawsuit involving partition of a property he and his now deceased ex-wife jointly owned as a couple before their marriage was dissolved. The lower court acted within its authority when it ruled in April 2023 that it would not make any further rulings in the case until a representative was appointed for the deceased ex-wife, whose death the ex-husband added to the record against court procedures in February 2023 with a phone call to chambers and a filed copy of the death certificate. The ex-husband also has not shown he has a "clear and indisputable" right to an order advancing his case on an expedited calendar based on the argument that, at 89 years old, he is entitled to advancement under part of the Virgin Islands Code granting litigants the right to petition for that preference if they are over 70, as the constitutionality of the mandatory elderly preference has been called into question and may well present due process, equal protection and separation of powers issues. The ex-husband's mandamus petition is denied.
Court: Virgin Islands Supreme Court, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2023 VI 9, Categories: civil Procedure, constitution, Property
J. Reiber finds that the trial court properly denied a motion to dismiss child sexual abuse claims against an organization that operated a retreat and its employee. The retroactivity provision eliminating the limitations period that previously barred such claims is not unconstitutional, and the accused parties lack a "vested property interest in the expired limitations period." Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: June 9, 2023, Case #: 22-AP-200, Categories: civil Procedure, constitution, Due Process
J. Stanfill and the participating justices of the Maine Supreme Court answer certain questions propounded by the Maine Senate and the Maine House of Representatives in connection with four citizen-initiated measures. The transmittal of a measure by the secretary of state constitutes presentation to the legislature, and the Maine Constitution does not preclude its being carried over for consideration in a special session. Further, if a measure is enacted without change, then the identical measure in a proclamation by the governor must "not go to a referendum vote."
Court: Maine Supreme Court, Judge: Stanfill, Filed On: June 9, 2023, Case #: 2023ME34, Categories: civil Procedure, constitution, Government
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J. Kernodle grants the motions to dismiss the individuals' suit that challenges the constitutionality of a Texas law concerning vexatious litigants. The individuals, who were declared vexatious litigants, lack standing to sue the accused parties, which include an administrative judge, county district clerk and the Director of Court Administration.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: May 30, 2023, Case #: 6:22cv367, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Procedure, constitution, Judiciary