USA Archive - Law Commentary

A blurry view of school lockers with a student standing in the background, indicating a school environment.

Schools Could Be Liable for After-Hours Attacks on Students Participating in School-Related Functions

School is over, but schools’ responsibility toward students could remain long after the dismissal bell rings. A student who was stabbed in her high school’s parking lot when her track team was dismissed early may now get redress for her injuries. An appellate court remanded her case to Superior Court to determine... Read More about Schools Could Be Liable for After-Hours Attacks on Students Participating in School-Related Functions

Demonstrators holding signs protesting the Migrant Protection Protocols (MPP), highlighting its impact on immigrants in Mexico and the USA.

Supreme Court Says Biden Can Reverse Trump’s “Stay-in-Mexico” Order

The Department of Homeland Security implemented a series of Migrant Protection Protocols (MPP) in January 2019. Under those orders, most often known as ex-President Trump’s “Remain in Mexico” program, “certain non-Mexican nationals arriving by land from Mexico were returned to Mexico to await the results of their removal proceedings.” These aspiring immigrants,... Read More about Supreme Court Says Biden Can Reverse Trump’s “Stay-in-Mexico” Order

A silhouetted figure of a man in a hoodie leaning against a wall, conveying a sense of contemplation or vulnerability.

Man Gets Another Chance to Stay in the U.S. to Avoid Torture

He came to the United States to avoid being tortured or killed. The Board of Immigration Appeals (BIA) denied his right to protection because he failed to provide enough credible testimony about the dangers he would face if he returned to El Salvador. He appealed their decision and won. Now... Read More about Man Gets Another Chance to Stay in the U.S. to Avoid Torture

A crowd with smartphones gathers as a speaker addresses the audience at the "Save America March" event, with American flags in the background.

Criminal Intent From the Inside: Faced with Reams of Legitimate Evidence, Can Trump Can be Prosecuted by DOJ?

The short answer here is YES. However, indicting a past president with criminal liability would be complex, despite the mountain of evidence piling up against Trump for trying to steal the presidential election by overthrowing the legal election process in Congress. Yet, for the legal system to be trustworthy, and... Read More about Criminal Intent From the Inside: Faced with Reams of Legitimate Evidence, Can Trump Can be Prosecuted by DOJ?

Signage of the U.S. Department of Justice on the exterior of a building.

DOJ Files Lawsuit Against American Health Foundation and Its Affiliates

The Justice Department has filed a lawsuit against American Health Foundation and its affiliate, AHF Management Corporation. Three affiliate nursing homes located throughout Pennsylvania and Ohio are also named in the lawsuit. According to the DOJ, these medical facilities provided grossly substandard medical care to patients resulting in a violation... Read More about DOJ Files Lawsuit Against American Health Foundation and Its Affiliates

An Amtrak train stopped at a station surrounded by palm trees and buildings.

The Blame Game Begins as First Lawsuits Against the Deadly Amtrak Derailment Are Filed

As authorities continue their investigation into the deadly derailment of an Amtrak train after it struck a dump truck parked on a rail crossing in Missouri, the first lawsuits placing blame on the derailment have been filed. Late last month, the driver of the dump truck, Billy Barton III,... Read More about The Blame Game Begins as First Lawsuits Against the Deadly Amtrak Derailment Are Filed

A crowd of protesters holding signs advocating for abortion rights outside the United States Courthouse.

State Anti-Abortion Laws Cross Borders: $10,000 Plus Fines, Travel and Business & Insurance Liability Chaos for Paid Medical Abortions

The legal US map is getting complicated, and citizens, businesses, insurance companies plus friends and families are all targets for new laws in states with illegal abortion. With almost half of the US states each landing on opposite sides of legal - or illegal - abortions for women residents, numerous... Read More about State Anti-Abortion Laws Cross Borders: $10,000 Plus Fines, Travel and Business & Insurance Liability Chaos for Paid Medical Abortions

Emergency responders and law enforcement officials investigate a semi-truck after discovering deceased migrants inside near San Antonio, Texas.

Two Men Arrested After Truck With Dead Migrants Found in Texas, Death Toll Rises to 53

Authorities have taken at least three individuals into custody after 64 migrants were found trapped inside an 18-wheeler in Texas earlier this week. The grim discovery is said to be the largest fatality related to human smuggling in modern Texas history. One Homeland Security agent called the tragedy the deadliest... Read More about Two Men Arrested After Truck With Dead Migrants Found in Texas, Death Toll Rises to 53

Seal of Washington University in St. Louis on a flag.

Washington Must Determine if Its Universities Owe Students a Duty of Care for Foreseeable Injuries

The University of Washington knew about the sexual misconduct of one of its male students. He went on to rape a freshman just a few days after she arrived on campus. These are the chilling facts. But the Ninth Circuit would not rule on whether the University owed her the... Read More about Washington Must Determine if Its Universities Owe Students a Duty of Care for Foreseeable Injuries

Grain terminal facility with stacked logs in the foreground and industrial buildings in the background under a cloudy sky.

Washington Grain Terminal Will Pay Nearly $1 Million to Settle Violations of Clean Water Act

A grain terminal company operating in Washington state has agreed to pay close to $1 million to settle a lawsuit that challenged the company's compliance with the Environmental Protection Agency’s guidelines. The non-profit environmental organization Columbia Riverkeeper brought forward the lawsuit alleging that the company, Export Grain Terminal, LLC (EGT),... Read More about Washington Grain Terminal Will Pay Nearly $1 Million to Settle Violations of Clean Water Act

A caregiver wearing a mask comforts a person with a disability, both indoors.

New York State Sued Over Alleged Violations of Medical Benefits to Mentally Disabled

In a proposed class-action lawsuit, the New York Department of Health (DOH) and the New York State Office for People with Developmental Disabilities (OPWDD) are both accused of withholding services and statutory rights by leaving disabled individuals to “languish” in institutions. The complaint argues that New York has “failed to... Read More about New York State Sued Over Alleged Violations of Medical Benefits to Mentally Disabled

Close-up of a person exhaling vapor from an e-cigarette or vaping device.

Federal Court Temporarily Stops FDA’s Ban on E-Cigarettes

Teens usually start smoking by experimenting with fruit, candy, menthol or mint-flavored tobacco. They use e-cigarettes or vaping devices to inhale nicotine concentrations of up to 5%. The Food and Drug Administration (FDA) has seen a “drastic increase” in the use of e-cigarettes by youths in recent years. On June... Read More about Federal Court Temporarily Stops FDA’s Ban on E-Cigarettes

Surgical instruments arranged on a sterile table in an operating room.

Texas Family Sues Healthcare Provider After Their Four-Year-Old Receives “Unintended Vasectomy”

A Texas family is suing Texas Children's Hospital in Houston after their four-year-old son allegedly received an unintentional vasectomy while undergoing an operation for an inguinal hernia. The family brought their lawsuit under the Texas Civil Practice and Remedies Code Chapter 74, which covers medical malpractice. The family details that... Read More about Texas Family Sues Healthcare Provider After Their Four-Year-Old Receives “Unintended Vasectomy”

Two women stand outside Bangor Christian Schools, discussing in front of the entrance.

Supreme Court Rejects State’s Ban on Publicly Funded Tuition Assistance to Private Religious Schools

In a six-to-three vote, the Supreme Court ruled that states are barred from excluding religious schools from state-run tuition assistance programs if the states offer these programs to other private schools. This decision along with others recently published by the Court leads to questions on how far the First Amendment... Read More about Supreme Court Rejects State’s Ban on Publicly Funded Tuition Assistance to Private Religious Schools

A group of activists holding signs at a rally outside the Supreme Court, expressing anti-abortion sentiment and highlighting their stance on reproductive rights.

Beyond Freedom’s Borders: By Ending Constitutional Right to Abortion, SCOTUS Opens Door to Attacks on Other Rights, such as Travel Restrictions for Women in Anti-Abortion States

The Right to Abortion, ushered into the US in 1973, was a constitutional right for women seeking an abortion. On June 24, 2022, the Supreme Court of the United States (SCOTUS) overturned this constitutional right. Travel in the US is also a constitutional right, and it is a reality that... Read More about Beyond Freedom’s Borders: By Ending Constitutional Right to Abortion, SCOTUS Opens Door to Attacks on Other Rights, such as Travel Restrictions for Women in Anti-Abortion States