FDA Law Blog

MAY 30, 2024

Bills are pending in other states, including Missouri and New York. We recently wrote about the Eighth Circuit’s decision to uphold the Arkansas law against a constitutional challenge brought by the Pharmaceutical Research and Manufacturers Association (PhRMA) (see here ). Court decision, may be rendered inconsequential.

Manufacturing 57

Manufacturing Contract Statute Court 57

Constitutional Law Reporter

SEPTEMBER 30, 2024

Missouri , 603 U. Supreme Court held that two States and five individual social-media users who sued dozens of Executive Branch officials and agencies, alleging that the Government pressured the platforms to censor their speech in violation of the First Amendment, lacked Article III standing to bring their suits. In Murthy v.

Government 52

Government Court Healthcare Constitutional Law 52

SCOTUSBlog

APRIL 22, 2022

(The Supreme Court held in 2005 in Deck v. Missouri that such shackling practices violate a defendant’s due process rights.) The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. In Brecht v.

Court 95

Court Court Decisions Statute Legal 95

JURIST

DECEMBER 1, 2021

The court further noted the Centers for Medicare and Medicaid Service’s “puzzling” rejection of “natural immunity” as a reasonable alternative to the vaccine among the reasons for issuing the injunction. The injunction follows a Missouri district court decision to block the mandate in 10 states that was granted Monday.

Healthcare 223

Healthcare Court Decisions Legal Legal 223

SCOTUSBlog

OCTOBER 3, 2021

Three years before Davenport’s trial, the Supreme Court held in Deck v. Missouri that shackling a criminal defendant in front of the jury is inherently prejudicial and violates a defendant’s due process rights unless the state can demonstrate a “special need” to justify the shackling.

Court Decisions 91

Court Decisions Court Litigating Litigation 91

The Crime Report

SEPTEMBER 23, 2021

Besides Minnesota, the area includes Arkansas, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, South Dakota and Texas. In effect, this means that nearly 60 million Americans live in states where the courts offer absolute immunity to federal officers who violate someone’s constitutional rights.

Law Firms 122

Law Firms Law Firm Court Government 122

LawSites

APRIL 19, 2022

I built a document automation app online to help people fight their tickets for free using a recent court decision that had come down in Manhattan. There were two other court decisions from just outside of the city that were persuasive as well. Read it here. He’s an attorney licensed to practice in California since 2011.

Law Firm 52

Law Firm Law Firms Lawyers Lawyer 52

Patently O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Guest Post by Jordan Duenckel. He has an extensive background in chemistry, food science, and viticulture. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. of Wildlife , 504 U.S.

Court 49

Court Finance Attorney Court Decisions 49

Law 360

JUNE 26, 2024

Supreme Court's decision Wednesday to reverse a Fifth Circuit order prohibiting the Biden administration from joining with social media platforms to fight misinformation leaves an important First Amendment question unanswered and left Missouri's attorney general promising a continuing fight against what he called a "censorship regime."

Court Decisions 52

Court Decisions Attorney Court 52

The Crime Report

APRIL 26, 2022

Texas and Missouri, which sued to keep the program in place, argue the policy has helped reduce the flow of people into the U.S. The program resumed in December, 2021, after President Biden suspended it on his first day in office and Homeland Security Secretary Alejandro Mayorkas ended it in June 2021. at the southern border.

Court Decisions 52

Court Decisions Immigration Court Court Rules 52

SCOTUSBlog

MAY 28, 2021

Reeves , 20-1084 , is the latest state-on-top petition in a habeas case alleging that a federal habeas court failed to defer to a state court decision affirming a criminal conviction, as required by the Antiterrorism and Effective Death Penalty Act. Louis, Missouri , 20-391. While cases from the U.S. 15 and Jan.

Court 104

Court Lawyer Lawyers Government 104

Constitutional Law Reporter

AUGUST 2, 2023

The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program. MOHELA could no longer service those closed accounts, costing it, by Missouri’s estimate, $44 million a year in fees…The plan’s harm to MOHELA is also a harm to Missouri.”

Court 52

Court Education Drafting Legal 52

SCOTUSBlog

APRIL 26, 2024

Wullschleger and Brewer brought a putative class action in Missouri state court, alleging that the “prescription” designation is misleading because the Food and Drug Administration never evaluated the product, and that they were injured by the food’s higher price. In reviewing the Veterans Court decision, the U.S.

Felony 112

Felony Personal Injury Court Cause of Action 112

The Crime Report

JULY 13, 2022

Was the Supreme Court decision last month overruling Roe v. Wade one of the worst decisions in the 233-year history of the Court? The owner later took Scott back to Missouri, a slave state. His case ended up before the Supreme Court, which issued a 7–2 decision against Scott. Sound familiar?

Court 119

Court Education Court Rules Drafting 119

JURIST

JULY 20, 2024

Attorney General of Missouri Andrew Bailey stated , “We can’t let Joe Biden saddle working Missouri families with Ivy League debt. Attorney General of Missouri Andrew Bailey stated , “We can’t let Joe Biden saddle working Missouri families with Ivy League debt.

Court 211

Court Education Court Decisions Attorney 211

Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. Supreme Court unanimously held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. City of St.

Court 52

Court Statute Drafting Constitutional Law 52

SCOTUSBlog

AUGUST 5, 2024

Share The Supreme Court on Monday turned down a plea from Missouri to block New York from imposing a gag order and sentencing former President Donald Trump in his criminal proceedings there until after the 2024 elections. Missouri has also not shown, James continued, that New York is causing it any harm.

Court 145

Court Attorney Court Decisions 145

ClimateChange-ClimateLaw

DECEMBER 21, 2022

First proposed in 2014, the 780-mile transmission line is intended to transport electricity generated by wind turbines in Kansas to customers in Indiana, passing through Missouri and Illinois along the way. It required approval from all four states to move forward.

Construction 52

Construction Government Court Court Decisions 52

The Crime Report

JANUARY 4, 2023

But that hasn’t stopped some from promoting his methods and even deploying 911 call analysis in court to win convictions. In 2016, Missouri prosecutor Leah Askey wrote Harpster an effusive email, bluntly detailing how she skirted legal rules to exploit his methods against unwitting defendants. “Of

Attorney 98

Attorney Court Laws Education 98

SCOTUSBlog

MAY 13, 2021

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. Louis, Missouri , 20-391. Louis, Missouri , 20-391. City of St. Stay safe !

Diligence 91

Diligence Court Attorney Laws 91

JURIST

MAY 27, 2024

It was in response to the Supreme Court decision Kelo v. In that case, the court ruled that the government could take someone’s property for private economic development under the Fifth Amendment’s Takings Claus, saying it qualified as a “public use.” New London.

Government 197

Government Laws Court Construction 197

The Crime Report

APRIL 6, 2022

The bill is scheduled to take effect this summer when the Oklahoma legislature adjourns, but its future will probably hinge on a Supreme Court decision expected this summer, when the justices will rule on Mississippi’s 15-week abortion ban in a case that could overturn or significantly roll back Roe v.

Felony 52

Felony Court Decisions Court Laws 52

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The Ninth Circuit declined, however, to take a position on whether the underlying cases were moot in their entirety and also declined to vacate any district court decisions. The federal district court for the District of Montana is to consider these issues on remand. The court also held that these claims were not ripe.

Litigating 40

Litigating Litigation Court Laws 40

SCOTUSBlog

MARCH 20, 2023

Under Missouri law, Doe was required to obtain written permission from at least one parent before obtaining an abortion. But the law also allows minors to bypass that requirement by going to court, which can grant permission after holding a hearing. Both a federal district court in Missouri and the U.S.

Court Rules 99

Court Rules Court Lawyer Lawyers 99

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. Missouri v.

Court 46

Court Litigating Litigation Statute 46

SCOTUSBlog

FEBRUARY 16, 2024

19 conferences) Missouri Dept. relisted after the Jan. 12 and Jan. of Corrections v. Finney , 23-203 Issues : (1) Whether the 14th Amendment prohibits relying on stereotypes about religious views to strike jurors; (2) whether a violation under Batson v.

Court 96

Court Laws Statute Court Decisions 96

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. Missouri v. 20-1530 (U.S. 29, 2021); North American Coal Corp. 20-1531 (U.S. Idaho, filed Apr. Biden , No. 4:21-cv-00287 (E.D. May 3, 2021). 21-cv-971 (D.D.C.,

Court 40

Court Government Construction Litigation 40

ClimateChange-ClimateLaw

OCTOBER 25, 2024

Investors who want the flexibility to consider all relevant risks to their investments have challenged these rules and laws in court, and, in both state and federal cases, the effort has succeeded. Recent Victories The decision from Missouri, Securities Industry and Financial Markets Association [ (SIFMA) ] v.

Court 71

Court Litigating Litigation Government 71

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

court decisions finding antitrust violations in connection with climate pledges. Several of the AGs participating in the NZBA Investigation have also taken steps in their home states to boycott certain of the financial institutions they are now investigating. And in fact, a recent Sierra Club report analyzing U.S.

Finance 103

Finance Litigating Litigation Laws 103

The Crime Report

JUNE 27, 2022

Some of these states had inactive preexisting laws banning abortion that have returned to effect in the wake of Roe, while others intentional passed “trigger laws” with language enacting their provisions the moment a court decision overturning Roe or an amendment or legislation codifying a state’s right to restrict abortion went into effect.

Felony 59

Felony Statute Laws Court Decisions 59

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. Missouri v. Biden , No. 4:21-cv-00287 (E.D.

Court 40

Court Litigation Litigating Government 40

SCOTUSBlog

FEBRUARY 2, 2024

27, the Michigan Supreme Court declined to review a lower-court decision that allowed Trump to appear on the state’s primary ballot. As in Minnesota, the lower court’s ruling does not foreclose a new challenge to Trump’s appearance on the general election ballot. And on Dec.

Court 145

Court Lawyer Lawyers Laws 145

SCOTUSBlog

NOVEMBER 30, 2021

They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. Casey, they argue, “does not represent long-settled doctrine, rests on a foundation of flawed judicial reasoning, and boasts no traditional reliance interests.”

Stare Decisis 136

Stare Decisis Court Laws Legal 136

ClimateChange-ClimateLaw

APRIL 9, 2021

Missouri v. Youth Petitioners Asked Washington High Court to Review Dismissal of Climate Change-Based Constitutional Challenge to State Policies. Air Force , No. 1:21-cv-00634 (D.D.C., States Challenged Executive Order on Social Cost of Carbon. Biden , No. 4:21-cv-00287 (E.D. filed Mar.

Court 117

Court Statute Litigation Litigating 117

SCOTUSBlog

FEBRUARY 21, 2023

Several court decisions ruled against Trump on the merits. In addition to the merits issues at stake, the administration also urges the court to dismiss the cases because of standing, claiming plaintiffs lack the type of “injury” required by standing precedent.

Statute 112

Statute Education Court Legal 112

JonathanTurley

JUNE 27, 2022

Missouri claimed to be the first to declare all abortion as unlawful except for medical emergencies. Our post-Roe world will not be written by Congress with the proposed federalization of Roe or another 50 years of conflicting court decisions. Twenty-seven states have protections for abortion that are expected to continue.

Legal 41

Legal Legal Court Laws 41