DOJ-OGR-00021123.jpg
668 KB
Extraction Summary
8
People
7
Organizations
0
Locations
0
Events
4
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
668 KB
Summary
This legal document discusses the retroactive application of statutes of limitations, referencing several court cases and judicial opinions. It highlights a shift in interpretation, particularly noting Judge Cabranes's view in Enterprise that such statutes may have impermissible retroactive effects. The document also points out a tension between the Eighth and Ninth Circuits' reasoning and the Third Circuit's stance on the retroactivity of §3283.
People (8)
| Name | Role | Context |
|---|---|---|
| Calabresi, J. | Judge |
Authored a majority opinion in Thom v. Ashcroft
|
| Landgraf |
Quoted in Thom v. Ashcroft regarding retroactive application of legislation
|
|
| Vernon |
Party in Vernon v. Cassadaga Valley Cent. Sch. Dist.; discussed in Enterprise regarding statutes of limitations
|
|
| Ashcroft |
Party in Thom v. Ashcroft
|
|
| Judge Cabranes | Judge |
Authored a unanimous opinion in Enterprise, discussing Vernon's prior characterization of statutes of limitations
|
| Richardson |
Case name whose reasoning is in tension with decisions from the Eighth and Ninth Circuits
|
|
| Leo Sure Chief |
Party in U.S. v. Leo Sure Chief
|
|
| Jeffries |
Party in U.S. v. Jeffries
|
Organizations (7)
| Name | Type | Context |
|---|---|---|
| District Court | court |
Cited authority and relied on decisions from other circuits
|
| Cassadaga Valley Cent. Sch. Dist. | school district |
Party in Vernon v. Cassadaga Valley Cent. Sch. Dist.
|
| 2d Cir. | court |
Second Circuit Court, cited in Thom v. Ashcroft and Vernon v. Cassadaga Valley Cent. Sch. Dist.
|
| U.S. | government agency |
Party in U.S. v. Leo Sure Chief and U.S. v. Jeffries
|
| Eighth Circuit | court |
Relied upon by the District Court for decisions on retroactive application of §3283
|
| Ninth Circuits | court |
Relied upon by the District Court for decisions on retroactive application of §3283
|
| Third Circuit | court |
Reasoning is in tension with decisions from the Eighth and Ninth Circuits
|
Relationships (4)
Parties in the case Thom v. Ashcroft
Parties in the case Vernon v. Cassadaga Valley Cent. Sch. Dist.
Parties in the case U.S. v. Leo Sure Chief
Key Quotes (3)
"familiar considerations of fair notice, reasonable reliance, and settled expectations."Source
— Landgraf (quoted in Thom v. Ashcroft)
(Describing criteria that legislation might 'run afoul of' if applied retroactively.)
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Quote #1
"[s]peaking only for [him]self"Source
— Calabresi, J.
(Calabresi's comment on his own majority opinion in Thom v. Ashcroft.)
DOJ-OGR-00021123.jpg
Quote #2
"did not create a categorical exception [for statutes of limitations] from Landgraf’s presumption against retroactive application of legislation."Source
— Judge Cabranes
(Judge Cabranes's explanation in Enterprise regarding Vernon's impact on retroactive application of statutes of limitations.)
DOJ-OGR-00021123.jpg
Quote #3
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