Congress has authorized disability benefits under 38 U.S.C. § 1110 for veterans who suffered disabilities during their service. Arellano v. McDonough at 1061. The size of the benefits is partly determined by the effective date of the award. Id....
equitable tolling
(LIIBULLETIN preview)
In June 2015, the Internal Revenue Service (IRS) notified a small North Dakota law firm, Boechler, P.C. (“Boechler”), about missing tax document submissions. Boechler, P.C. v. Commissioner of Internal Revenue, at 762. After receiving no...
(LIIBULLETIN preview)
China Agritech, Inc. (“China Agritech”) is a Delaware-incorporated holding company with its principal place of business located in Beijing, China. Resh v. China Agritech, Inc., 857 F.3d 994, 996. China Agritech claims to sell organic fertilizers and...
(LIIBULLETIN preview)
Petitioner Pedro Pablo Guerrero-Lasprilla (“Guerrero”) is a native and citizen of Colombia. Guerrero-Lasprilla v. Sessions at 1. Guerrero was admitted to the United States in 1986. Id. In 1988, Guerrero was deported from the United States for felony...
(LIIBULLETIN preview)
Petitioner David Henderson is a Korean War veteran who was discharged from active duty in 1952 due to paranoid schizophrenia. See Henderson v. Shinseki, 589 F.3d 1201, 1203 (Fed. Cir. 2009). In 2001, Henderson applied pro se to the Department of...
(LIIBULLETIN preview)
In 1996, a Florida state court convicted Albert Holland of first-degree murder, attempted first-degree murder, attempted sexual battery, and armed robbery, and subsequently sentenced Holland to death. See Holland v. Florida, 539 F.3d 1334, 1336–37 (...
(LIIBULLETIN preview (pre-2014))
Facts
Diana Alvarez (“Alvarez”) and Manuel Lozano (“Lozano”) met in London in 2004 and began dating. See Lozano v. Alvarez, 697 F.3d 41, 45. Although they never married, the couple had a child in October 2005. See id.at 46. Alvarez and Lozano have...
(LIIBULLETIN preview)
The United States ordered removal of Noel Reyes Mata, a native and citizen of Mexico, from the county in 2010. See Mata v. Holder, 558 F. App'x 366, 367 (5th Cir. 2014). Mata filed a timely petition for appeal of his order of removal with the Board of...
(LIIBULLETIN preview (pre-2014))
[Questions Presented]
[Issues]
[Facts]
[Discussion]
[Analysis]
Issue(s)
Does the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) implicitly contain an actual-innocence exception (1) to the requirement that petitioners show that an...
(LIIBULLETIN preview)
Petitioner Kevin Rotkiske accrued credit card debt between 2003 and 2005. Rotkiske v. Klemm, at 424. The credit card issuer then appointed the law firm Klemm & Associates, managed by Respondent Paul Klemm, to collect Rotkiske’s debt. Id. Klemm sued...