杏十八新茶分享

 

United States Supreme Court Certiorari Granted

Opinions Filed in March 2023

Wilkins v. United States

Section 2409a(g) is a non-jurisdictional claims-processing rule. A procedural requirement is only jurisdictional if Congress 鈥渃learly states鈥 it is. Boechler v. Commissioner, 596 U.S. ___, ___ (2022) (slip op., at 3) (quoting Arbaugh, 546 U.S., at 515). This principle seeks to avoid judicial interpretations that undermine Congress鈥 judgment. Loosely treating procedural requirements as jurisdictional risks undermining the very reason Congress enacted them.

Area(s) of Law:
  • Property Law

Perez v. Sturgis Public Schools

鈥淣othing in IDEA shall be construed to restrict鈥 the ability to seek 鈥渞emedies鈥 under other Federal laws protecting the rights of children with disabilities. Before filing a civil action under other federal laws seeking relief that is also available under IDEA, the procedures under [搂1415](f) and (g) shall be exhausted". 20 U.S.C. 搂1415(l).

Area(s) of Law:
  • Disability Law

Back to Top