FDA Law Blog

JANUARY 15, 2024

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. FDA originally set the PMTA deadline as August 8, 2022, but a district court in Maryland ordered FDA to shorten it. By David B.

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FDA Law Blog

MAY 30, 2024

Six states have enacted contract pharmacy protections into law: Kansas , Maryland , Mississippi , and West Virginia in 2024, Louisiana in 2023, and Arkansas in 2021. Court decision, may be rendered inconsequential. Bills are pending in other states, including Missouri and New York.

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SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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Broadcast Law Blog

MAY 15, 2012

What they are really doing is trying to avoid the need to reveal the identity of their contributors, following a US District Court decision in March. This is is the provision that led to the US District Court decision at issue. " Maryland Rep. " As explained below, these claims are incorrect.

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SCOTUSBlog

APRIL 27, 2022

It’s a little surprising the court let stand a federal court decision invalidating a state statute on constitutional grounds, but animal-rights groups defending that decision argued persuasively that state statutes are in a state of flux and it would be premature for the justices to take up the case now.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Maryland and Napue v. Below we briefly discuss those 14 cases. So perhaps unsurprisingly, many of the relisted petitions – six of them – implicate the First Amendment.

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ClimateChange-ClimateLaw

MAY 12, 2023

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.

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Constitutional Law Reporter

OCTOBER 14, 2024

Maryland and Napue v. The questions before the justices include: “(1) Whether the state’s suppression of the key prosecution witness’ admission that he was under the care of a psychiatrist and failure to correct that witness’ false testimony about that care and related diagnosis violate the due process of law under Brady v.

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SCOTUSBlog

OCTOBER 4, 2023

But in July, Laufer asked the justices to throw out the case, and invalidate the 1st Circuit’s decision in her favor. Jackson later asked why, if the issue is going to arise again, the court shouldn’t just “wait until it comes up again.”

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JonathanTurley

OCTOBER 5, 2021

Under my proposal, the mall and core federal buildings would remain the District of Columbia (as is the case in this legislation) but the remainder of the District would retrocede back to Maryland (as did the other half of the original District to Virginia). Absent retrocession, there remains only statehood. It is a recurring problem.

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FDA Law Blog

JUNE 2, 2023

Best Price Stacking We previously blogged about the 4 th Circuit Court of Appeals decision in United States Ex Rel. Allergan Sales , which affirmed a lower court decision in a Federal False Claims case involving best price stacking. Sheldon, v.

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Climate Litigation Chart (Update #92): FEATURED CASE. Alaska Oil & Gas Association v.

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The Crime Report

JULY 7, 2022

The 1991 Supreme Court ruling in Payne v. Subsequent court decisions have muddied the legal waters on VIS. Tennessee upheld the admission of VIS in capital trials, but “this tension has not been adequately addressed,” Bandes writes. In Booth v.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Second Circuit also distinguished the Connecticut program from a Maryland regulatory scheme that the U.S. Supreme Court determined was preempted in Hughes v. Austria’s Constitutional Court Reversed Lower Court Decision That Held Up Airport Expansion Based on Climate Change Concerns. ADDITION TO THE NON-U.S.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. Maryland : “[W]e must never forget that it is a constitution we are expounding.” Board of Education.

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Court Education Constitutional Law Court Decisions 107

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Court decision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.

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HowAppealing

NOVEMBER 23, 2023

“Courts Strike Down Gun Control Measures in Two States; The rulings in Maryland and Oregon come amid a shifting legal landscape in the wake of a Supreme Court decision that has imposed new limits on gun regulation”: David W. Court of Appeals for the Fourth Circuit at this link. ” And Bryan P.

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SCOTUSBlog

OCTOBER 5, 2024

Glossip counters that there is a “high hurdle” to overcome the presumption that the Supreme Court can review a state court ruling on an issue of federal law. And in this case, he stresses, the state court’s decision “relied directly” on federal law – specifically, the Supreme Court’s 1963 decision in Brady v.

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SCOTUSBlog

FEBRUARY 23, 2023

In its petition, Great Lakes claims that choice of law under federal admiralty has been utter chaos since a 1955 Supreme Court decision , made tolerable only by strict enforcement of choice-of-law clauses. It argues that the 3rd Circuit’s decision has thrown all of that into upheaval and must be reviewed. record requested Oct.

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The Crime Report

JULY 15, 2022

” Similarly, the report pointed to several court decisions that support the usage of the sort of surveillance programs used by the BPD. But while the courts upheld many cases involving police surveillance, the instances were specific. ” The report also noted a 2008 report commissioned by then-Gov.

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SCOTUSBlog

MAY 13, 2021

The state of Arizona now seeks review at the Supreme Court. Because the Supreme Court has in recent months summarily overturned appellate court decisions twice in habeas cases (including one other case from the 9th Circuit), this petition is doubtless getting the court’s careful attention. Maryland , 20-101.

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SCOTUSBlog

APRIL 15, 2021

Court of Appeals for the 11th Circuit, by a 2-1 vote, held that conclusion was not unreasonable. Whatley argues that the Georgia Supreme Court unreasonably applied federal law when, in considering whether he was prejudiced, it failed to give weight to Supreme Court decisions holding that shackling is inherently prejudicial.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. The Minnesota Supreme Court denied petitions for further review of an appellate court decision finding all but one aspect of the environmental review for the Enbridge Line 3 oil pipeline project to be adequate.

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The Crime Report

JUNE 24, 2022

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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ClimateChange-ClimateLaw

JULY 2, 2021

The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12. BP p.l.c. ,

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ClimateChange-ClimateLaw

MAY 7, 2021

DECISIONS AND SETTLEMENTS. Parties Voluntarily Dismissed Appeals of Federal Court Decision Requiring More Climate Change Analysis for Wyoming Oil and Gas Leases. Maryland County Filed Climate Change Lawsuit Against Fossil Fuel Companies and Trade Group. 20-1530 (U.S. 29, 2021); North American Coal Corp. 20-1531 (U.S.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. District Court Stayed Briefing of Motion to Remand in Annapolis’s Climate Case.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. July 8, 2021).

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JonathanTurley

MARCH 24, 2022

Yet, there is virtually no mention of Jackson’s position on an advisory board for the now-defunct Montrose Christian School in Rockville, Maryland. Her trial court decisions shed little light on that question, and she previously refused to discuss her philosophy.

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ClimateChange-ClimateLaw

APRIL 9, 2021

Maryland Appellate Court Allowed Redaction of Attorney General’s Application to Participate in Special Assistant AG Program. Chevron also asserted that Annapolis’s allegations that the companies concealed and misrepresented their products’ contributions to climate change were “a strained attempt to evade federal jurisdiction.”

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SCOTUSBlog

JANUARY 13, 2021

They argue that the court nonetheless should grant review in order to clarify the law for future elections. Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, has already opined that “ there is a strong likelihood that the [Pennsylvania] Supreme Court decision violates the Federal Constitution.”

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