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While it is not possible to describe the intricacies of retroactivity doctrine here – let alone wise if we want to keep our readers awake – it looks like last Term’s decision in Johnson v. United ...
WASHINGTON—The Supreme Court on Wednesday weighed whether its decision earlier this year requiring juries to be unanimous to convict someone of a crime should be applied retroactively. If a ...
Tens of thousands of Americans may be owed more in Social Security benefits than they have received so far due to how the Social Security Administration (SSA) is interpreting retroactivity rules ...
Not at all. While it made the new rules binding in the future, the Johnson decision simply refused to force retroactivity on the states. Which left the states free to apply Miranda to past cases.
The New York State Supreme Court, which is a trial court, ruled that New York’s regulation that attempts to limit Public Law ...
Judge Liman also noted that the 2021 Amendment stated that it was intended to take effect ninety days after it became law, and concluded: “absent a specific pronouncement of retroactivity ...
Florida courts are now beginning to weigh in on the retroactivity of these reforms and whether they apply to claims that arose before the statutes took effect. A recent appellate decision ...
Since then, litigation has ensued regarding retroactivity and constitutionality of FAPA. In October 2024, in East Fork Funding, LLC v. U.S. Bank, National Association, As Trustee For Greenpoint ...
Supporters of a bill to help victims of domestic violence who claimed they killed a partner in self-defense are hopeful lawmakers in the House and Senate will hash out details in the coming weeks ...
Hence, according to the letter, it fails to pass the second requirement. "In fact, retroactivity could actually lead to absurd outcomes, which courts are directed to avoid when interpreting ...
"Now, these same spouses are being told to file a claim...yet are only being granted a maximum of six months retroactivity from their most recent date of contact with the SSA," the letter states.
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