Category Archives: Judiciary

Suit For the Sewer

Did someone say "sewer"?Hayes v. Mountain View Estates Homeowners Association, 2018 VT 41By Elizabeth Kruska Longtime readers of our fair blog know that we here at SCOV Law keep an eye on Vermont Supreme Court trends. We know the current hot issues tend to be shenanigans with probation conditions and shenanigans with homeowners associations. This is the latter. Sort of. Did you know—and it is entirely possible you did not know this—that individual people are allowed to own sewer systems? I’m looking around my workspace right now and I see that I own a lot of things, many of which I probably don’t need. One thing I know I don’t own, nor do I want to, is a sewer system. Because the problem, apparently, is if you own a sewer system, that when you die (and really, I’m not trying to be grim but we’re all going to die), it probably ought to be clear what’s going to happen with that sewer system. And you know what, as an added….. To continue reading this legal news please click Read full information...

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374. Your dishonor

The mass media has a simple rule of thumb for measuring the newsworthiness of any story about the judiciary: its not news unless its been done to death already... To continue reading this legal news please click Read full information...

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Case Comment: Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24

Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24: “Modern litigation rarely raises truly fundamental issues in the law of contract. This appeal is exceptional. It raises two of them.” – Per Lord Sumption The Supreme Court has held that a clause in a contract, which required modifications to that contract to be in writing and signed by the parties, invalidated a subsequent oral agreement to vary the contract. However, the Supreme Court declined to rule on the second issue raised: whether the proposed variation had valid consideration and thus fulfilled one of the requirements to create a binding contract in English law. The background MWB Business Exchange Centres Limited (“MWB”) operated serviced offices in central London. Rock Advertising Limited (“Rock”) entered into….. To continue reading this legal news please click Read full information...

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Justice Arabian memorial to precede Supreme Court’s June calendar, which includes a case about minors’ immigration rights

The Supreme Court today announced its June calendar, 434 days after Justice Kathryn Werdegar announced her retirement.  This will be the 11th (!) straight calendar with pro tem justices and will bring to 86 (!) the number of cases with randomly selected pro tems filling Justice Werdegar’s seat.  As mentioned before, pro tems pose a potential institutional problem.  Like the court’s late-May calendar, the pro tems have yet to be named. Before the June oral arguments, the court will hold a ceremony in memory of former Justice Armand Arabian, who died in March. On June 5 and 6, in Los Angeles, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself): In re C.B. and In re C.H.:  In these cases consolidated for oral argument and opinion, the common issue is — Did the trial court err by refusing to order the expungement of a juvenile’s DNA record after his qualifying….. To continue reading this legal news please click Read full information...

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Empirical SCOTUS: Even with five decisions yesterday, court still setting records for slow pace

Yesterday marked the 225th day of the 2017 Supreme Court term. The court compensated for a slow term so far with five new decisions. Even with these rulings — Murphy v. NCAA, Dahda v. United States, Byrd v. United States, United States v. Sanchez-Gomez and McCoy v. Louisiana — the court is still behind its output every other year under Chief Justice John Roberts. Counting the output from days since the first oral argument of the term seems the most appropriate way to normalize the court’s output rate across terms. This figure shows where the court stands now in terms of decision output and how this compares to all of the terms since 2005. Click graph to enlarge. The Supreme Court’s previous low count for opinion output after 225 days was in 2007, with 31 opinions. When we look at output per justice 225 days into the Supreme Court term, all justices are at or below their average output rate this far into a term under Roberts. Click graph to enlarge.….. To continue reading this legal news please click Read full information...

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