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Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose Civil Penalties in Administrative Proceedings

FDA Law Blog

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. That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive.

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Nevada Supreme Court upholds state ban on ghost guns, reversing lower-court decision

JURIST

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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Would I FIE to You? FDA’s First Interchangeable Exclusivity Determination Results in Expiration

FDA Law Blog

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Court revives DNA evidence case of Texas man on death-row

SCOTUSBlog

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

Court 88
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Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings

SCOTUSBlog

government deported him to Mexico. The government reinstated his prior removal order. While the Supreme Court has never set a bright-line test on when a detainee is entitled to a bond hearing, the U.S. The Supreme Court will now review those decisions. After one such entry, the U.S. In Zadvydas v.

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SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule

Constitutional Law Reporter

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. The Government claims that the easement includes public access, which petitioners dispute.

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Supreme Court Decision Raises Big Questions About SEC’s Authority

Intelligize Blog

Have you heard about the big Supreme Court decision that came down a couple weeks ago? We’re talking about the one with the power to upend the regulatory system and the balance of power between the executive and judicial branches of the federal government. Last month, the Supreme Court’s holding in Loper Bright Enterprises v.