FDA Law Blog

JULY 8, 2024

By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. Jarkesy.

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SCOTUSBlog

DECEMBER 3, 2022

The bankruptcy court thought Kate’s situation should be different, because she lacked any “actual knowledge” of the deficiencies in the disclosure statement. Because Buckley’s claim did not involve money obtained by her fraud, the bankruptcy court ruled that Kate could discharge that claim.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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SCOTUSBlog

JANUARY 24, 2025

Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought. A decision in the case is expected by summer. This article was originally published at Howe on the Court.

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SCOTUSBlog

JUNE 1, 2023

Share As expected, Thursday’s decision in Slack Technologies v. Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. In his view, though, the “context” offers “several clues” that make the meaning plain.

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Statute Technology Court Court Decisions 100

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

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Broadcast Law Blog

APRIL 3, 2013

The FCC's indecency policy has been in limbo since last year's Supreme Court decision determining that the Commission's fines on broadcasters for fleeting expletives had not been adequately explained before being imposed. On Monday, the FCC took a step to clarifying that policy by asking for public comments on what it should do now.

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SCOTUSBlog

JULY 9, 2024

A federal district court in Florida tossed their paperwork, given the requirement in the federal drug statute that third-party petitions to reclaim seized assets “be signed by the Petitioner under penalty of perjury.” The two business owners, the lower court ruled, must forfeit the $9,000. In Sanchez v.

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Small Business Court Statute Court Decisions 82

SCOTUSBlog

MARCH 3, 2025

In the same vein, talking with Carter Phillips,representing the India-owned defendant, Elena Kagan first tried to confirm that he was unwilling to defend the lower courts decision: Have you given up on that? Why, he asked, shouldnt the court simply throw out the lower courts ruling and send the case back to the 9th Circuit?

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Broadcast Law Blog

SEPTEMBER 25, 2014

In reaching this decision, the Court looked at the language of the California statute dealing with pre-1972 sound recordings. It is important to recognize that this is a trial court decision by a Federal Court interpreting California law.

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FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. It’s not a high evidentiary bar, as the FCA is a civil statute written and interpreted to sweep in a wide range of fraudulent intent in order to protect Federal funds.

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Conflict of Laws

FEBRUARY 22, 2024

The defendants challenged the jurisdiction of the Bahraini court based on the forum selection clause, but did not present any claim as to the merits of the case. However, with respect to agreements with derogative effect, although the law is silent on the matter, the Supreme Court has ruled against their admissibility.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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FDA Law Blog

APRIL 23, 2021

The Court pointed out that its task was not to determine whether the ability of the FTC to substitute §13(b) for the administrative procedure in §5 and consumer redress under §19 was desirable, but rather to answer a “more purely legal question,” Slip Op. It did that by focusing on the text of the statute. hide elephants in mouseholes.”

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Conflict of Laws

MAY 6, 2024

’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts. That procedure was not immediately apparent.

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Conflict of Laws

JANUARY 11, 2024

Court decisions In 2019, a US District Judge for the Central District of California, applying Spanish law, found that court filings did not demonstrate a “willful blindness” on the part of the Museum, when it added the painting to its collection.

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JURIST

APRIL 5, 2021

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. The ruling comes after the Virginia General Assembly approved a law last year that allows localities to remove war memorials. and The Monument Fund, Inc.

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Court Rules Court Statute Court Decisions 212

JURIST

JANUARY 4, 2021

The case arose when the plaintiff, a woman, filed for issuance of a Domestic Violence Protective Order (DVPO) pursuant to Chapter 50B of the North Carolina General Statutes (NCGS) against another woman with whom she had been in a dating relationship. While relying on the Supreme Court decision in Bostock v.

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Court Rules Court Statute Court Decisions 188

JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

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The Crime Report

AUGUST 18, 2022

The statute does list a number of exclusions from the ADA’s definition, which played a key role in Kincaid’s argument. Helms was a key dissenter to the ADA’s inclusions and fought hard for the exclusions now present in the statute. “If The case will first return to lower court. So what’s the root of the controversy?

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. ADDITION TO THE NON-U.S.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Zepeda , No. 80593-2-I (Wash.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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SCOTUSBlog

MAY 23, 2022

Share Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. In an opinion by Justice Clarence Thomas, the court sided with Arizona. “[O]nly

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Returning Relists.

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Statute Stare Decisis Court Manufacturing 101

Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. — Dennis Crouch.

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SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? But a 2012 Supreme Court decision, Martinez v. We have to follow AEDPA.”

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order.

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JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” The court’s other citation is to a decision of the United States Court of Appeals for the Tenth Circuit in J ane L. Bangerter , 61 F.3d

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Conflict of Laws

JANUARY 11, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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Conflict of Laws

APRIL 20, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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Conflict of Laws

FEBRUARY 16, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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SCOTUSBlog

JANUARY 13, 2025

Instead, the 5th Circuit applied a less rigorous standard of review, known as rational basis review, which looks at whether the statute furthers a legitimate state interest, and whether there is a rational connection between that interest and the law. The court of appeals relied on the Supreme Courts 1968 decision in Ginsberg v.

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Conflict of Laws

NOVEMBER 23, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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