DOJ-OGR-00002993.jpg
748 KB
Extraction Summary
5
People
4
Organizations
0
Locations
2
Events
0
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
748 KB
Summary
This legal document, part of a court filing from April 16, 2021, argues for the retroactive application of a 2003 amendment to Section 3283, a statute of limitations. It contends that applying the amendment to pre-enactment conduct satisfies the Supreme Court's two-step 'Landgraf' analysis, as it does not impair the rights or increase the liability of the defendant, Maxwell. The document asserts that the amendment merely preserves the status quo rather than attaching new legal consequences.
People (5)
| Name | Role | Context |
|---|---|---|
| Senator Leahy | Senator |
Mentioned in the context that no intent to exclude previous perpetrators is manifest in his statement regarding a 200...
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| Maxwell | Party to the case |
Mentioned as the subject whose rights, liabilities, and duties are being discussed in relation to the retroactive app...
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| Cruz |
Mentioned in the case citation 'Cruz v. Maypa'.
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| Maypa |
Mentioned in the case citation 'Cruz v. Maypa'.
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| Vernon |
Mentioned as the plaintiff in the case citation 'Vernon v. Cassadaga Valley Cent. School Dist.'.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| Congress | government agency |
Discussed as the legislative body that passed an amendment in 2003 and whose intent is being analyzed.
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| Supreme Court | government agency |
Cited for its explanation of the Landgraf analysis regarding the retroactive effects of statutes.
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| Cassadaga Valley Cent. School Dist. | school district |
Mentioned as a party in the case citation 'Vernon v. Cassadaga Valley Cent. School Dist.'.
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| DOJ-OGR | government agency |
Appears in the footer of the document with a document number (DOJ-OGR-00002993).
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Key Quotes (2)
"[a] statute does not operate ‘retrospectively’ merely because it is applied in a case arising from conduct antedating the statute’s enactment, or upsets expectations based in prior law."Source
— Supreme Court
(Quoted from the Landgraf case (511 U.S. at 269) to explain the first part of the analysis for retroactive effects of a statute.)
DOJ-OGR-00002993.jpg
Quote #1
"would impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed."Source
— Supreme Court
(Quoted from the Landgraf case (511 U.S. at 280) to define the conditions under which a statute would have an impermissible retroactive effect.)
DOJ-OGR-00002993.jpg
Quote #2
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