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Retroactivity

265 published works

  1. CAFA Law Blog

    CAFA Has No Retroactive Effect: Colorado District Court Says It Has No Original Jurisdiction Under CAFA If Post CAFA Amendment Bringing New Class Claims Relate Back To Pre CAFA Action

    By McGlinchey Stafford

    In re Am. Family Mut. Ins. Co. Overtime Pay Litig., 638 F. Supp. 2d 1290 (D. Col. 2009). In this consolidated action, the Colorado District Court dismissed without prejudice the…

  2. Sentencing Law and Policy

    Timely reflections on sentencing retroactivity

    By Douglas Berman

    Main August 11, 2009Timely reflections on sentencing retroactivityAs Congress considers reducing crack sentences and state work on reducing their prison population, the retroactive application of new sentencing rules that reduce…

  3. World of Employment

    Another Circuit Court Agrees: ADA Amendments Act is Not Retroactive

    By Dennis Westlind

    Congress did not intend for the ADA Amendments Act (ADAAA) to be retroactive, the Court of Appeals for the District of Columbia ruled yesterday, and applied pre-ADAAA law to dismiss an…

  4. Sentencing Law and Policy

    Alaska Supreme Court rejectsBlakelyretroactivity claim

    By Douglas Berman

    Main February 27, 2009Alaska Supreme Court rejects Blakely retroactivity claimThanks to a helpful reader, I learned that the Alaska Supreme Court today issued a big ruling reversing a lower court…

  5. Sentencing Law and Policy

    After winning SCOTUS battle, Danforth loses state retroactivity war

    By Douglas Berman

    Main February 26, 2009After winning SCOTUS battle, Danforth loses state retroactivity warAs habeas fans know, last year the Supreme Court held in Danforth that state courts were not obligated to…

  6. Sentencing Law and Policy

    California Supreme Court findsCunninghamretroactive toBlakely

    By Douglas Berman

    Main February 2, 2009California Supreme Court finds Cunningham retroactive to BlakelyProviding perhaps a fitting judicial celebration of Groundhog Day, the Supreme Court of California has decided today that the Supreme…

  7. Sentencing Law and Policy

    California Supreme Court to addressCunninghamretroactivity

    By Douglas Berman

    Main February 1, 2009California Supreme Court to address Cunningham retroactivityThanks to this post at C&C, I see that the Califorina Supreme Court is due to hand down on opinion on…

  8. Alabama Employment Law Report

    ADAAA: Does It Apply Retroactively?

    By Daniel Burnick

    Since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was signed into law on September 28, 2008 by President Bush, many plaintiff's attorneys have attempted to argue that…

  9. Sentencing Law and Policy

    Implementing the new crack guidelines retroactivity in Connecticut

    By Douglas Berman

    Main January 17, 2009Implementing the new crack guidelines retroactivity in ConnecticutThe Connecticut Law Tribune has this new article detailing how the new crack guidelines have been implemented in the Nutmeg…

  10. Sentencing Law and Policy

    A (back-handed?) rejection ofBookerretroactivity from the Sixth Circuit

    By Douglas Berman

    Main January 10, 2009A (back-handed?) rejection of Booker retroactivity from the Sixth CircuitIn addition to the Sixth Circuit's affirmance of a long within-guideline child porn sentence (discussed here), the court…