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Monday, June 20, 2005

Supreme Court upholds imposition of registration fees on trucks by states
Tom Henry at 11:59 AM ET

[JURIST] In two related cases, the US Supreme Court ruled Monday that states are permitted to impose registration fees on trucks and other commercial vehicles that travel at least part of the time on a state's roadways. Read the Court's opinion [PDF text] in American Trucking v. Michigan Public Service Commission [Duke Law backgrounder] and the opinion [PDF text] in Mid-Con Freight Systems v. Michigan Public Service Commission.

Also Monday, the Court issued two rulings to clarify deadlines for filing. In Graham County Water District v. US [Duke Law backgrounder; PDF opinion] the Court ruled that the 6-year statute of limitations in the False Claims Act does not govern FCA civil actions for retaliation and in Dodd v. US [Duke law backgrounder; PDF opinion] the court held that the statute of limitations for filing a petition of habeas corpus begins to run on the date that the Supreme Court first recognizes a new right.

Finally, the Supreme Court Monday affirmed a lower court decision holding that a Fifth Amendment Takings claim was barred by issue preclusion of being relitigated in federal court after having been decided in state court. Read the Court's opinion [PDF text] in San Remo Hotel v. San Francisco [Duke Law backgrounder].






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