Constitutional Law Reporter

SEPTEMBER 23, 2024

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U.

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Statute Cause of Action Court Constitutional Law 52

Constitutional Law Reporter

JULY 23, 2024

As enacted in 1984, the statute at issue in the case, 18 U.S.C. Justice Kavanaugh cited that six reasons that, taken together, led the Court to conclude that §666 is a bribery statute and not a gratuities statute—”text, statutory history, statutory structure, statutory punishments, federalism, and fair notice.”

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Statute Court Rules Court Contract 52

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Because the crux of Durbin’s overbilling was inflating the value of services actually provided, and the patient’s means of identification was an ancillary part of the Medicaid billing process, the statute was not violated. In Durbin v.

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Statute Healthcare Court Constitutional Law 52

LegalReader

NOVEMBER 8, 2021

Court’s decision has long-term implications regarding medical malpractice statute of limitations.

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Court Decisions Statute Court 52

SCOTUSBlog

FEBRUARY 23, 2023

The statute, though, contains several exceptions to the discharge, generally describing debts that Congress regarded as so important or reflecting such objectionable behavior that it is inappropriate for the debtor to discharge them. For Barrett, the case begins and ends with the language of the statute.

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Statute Malfeasance Court Decisions Court 114

SCOTUSBlog

JANUARY 10, 2022

The Supreme Court previously held that the post-removal statute contains an implicit time limit. Davis , a 2001 decision, the court read that provision to prohibit detention beyond six months for noncitizens ordered removed when their removal is not “reasonably foreseeable.” In Zadvydas v. Rodriguez and Johnson v.

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FDA Law Blog

JUNE 15, 2022

Circuit, but today, the Supreme Court reversed again and upheld the District Court’s opinion in American Hospital Assn v. Writing for a unanimous court, Justice Kavanaugh explained that the Medicare statute provides CMS a choice between two options on how to set reimbursement rates for drugs provided in the hospital outpatient setting.

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Statute Court Court Decisions Healthcare 52

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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Statute Legal Legal Court 118

SCOTUSBlog

MARCH 20, 2023

On dilution (under the federal Trademark Dilution Revision Act), the court held that VIP was protected by an exception for “noncommercial” uses. In its brief in the Supreme Court, Jack Daniel’s is scorching in its criticism of the 9th Circuit’s reading of federal trademark statutes.

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Statute Manufacturing Court Decisions Court 107

SCOTUSBlog

MAY 23, 2022

The case pitted the language of the Anti-Terrorism and Effective Death Penalty Act of 1996, which generally prohibits federal courts from holding an evidentiary hearing on these kinds of claims if the prisoner “has failed to develop the factual basis of a claim in State court proceedings,” against a 2012 Supreme Court decision, Martinez v.

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Lawyers Lawyer Court Statute 113

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit ruled that Reed should have filed his lawsuit within two years of the trial court’s decision denying his request for DNA testing. On Wednesday, the court reversed that decision. This article was originally published at Howe on the Court.

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Court Statute Cause of Action Government 104

SCOTUSBlog

DECEMBER 3, 2022

Bartenwerfer points first to the court’s articulation of a clear-statement rule, under which the exceptions to discharge are narrowly limited to those that are “plainly expressed” in the statute. Turning from the literal text to the broader statutory context, Bartenwerfer emphasizes the next subparagraph of the statute.

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Statute Malfeasance Court Decisions Divorce 93

SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.

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Court Decisions Statute Court Litigating 107

The Crime Report

JUNE 29, 2021

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S. The men filed their lawsuit in 2008 under the 1789 U.S.

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Tort Court Statute Court Decisions 75

At the Lectern

FEBRUARY 25, 2021

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. Coverage of the decision: Bob Egelko in the San Francisco Chronicle.

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Statute Attorney Court Court Decisions 40

SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

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Statute Construction Court Administrative Law 104

FDA Law Blog

SEPTEMBER 30, 2022

As we reported, on November 5, 2020, the District Court held that the relator could not plausibly plead the requisite scienter because Forest’s interpretation of the ambiguous statute was objectively reasonable and CMS did not warn Forest away from that interpretation through authoritative guidance. Burr , 551 U.S.

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Court Decisions Statute Court Manufacturing 40

Law 360

JULY 5, 2024

Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

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Court Statute Court Decisions Attorney 52

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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Statute Lawyers Lawyer Court 104

SCOTUSBlog

JANUARY 9, 2022

In that case, the Medicaid statute obligates the state to “seek reimbursement” from the person who committed the tort, and it requires (in 42 U.S.C. Prior Supreme Court decisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses.

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Tort Statute Government Court Decisions 97

Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad.

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Court Decisions Court Felony Statute 62

Patently O

SEPTEMBER 29, 2021

The statute would create a rebuttable presumption of consolidation. The new statute would list factors that a district court should consider when determining whether or not to grant a stay, all the changes would tend to promote stays of the litigation. Expanding the Scope of Inter Partes Review. ” More Powerful Stays. .”

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Statute Court Decisions Litigating Litigation 94

SCOTUSBlog

FEBRUARY 21, 2022

That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. In 1983, responding to a lower-court decision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.

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Statute Government Court Decisions Litigating 117

Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. Oral arguments in the Supreme Court are to be held in April, with a decision in the case expected before the Court adjourns for its summer recess in July. Does this Utah decision serve as a preview of the upcoming Supreme Court decision?

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Court Decisions Court Laws Statute 44

Mondaq

MAY 9, 2022

Supreme Court decision issued last week barring the. Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S.

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Healthcare Statute Court Decisions Court 40

SCOTUSBlog

JUNE 1, 2023

The “challenge” in understanding the statute, Gorsuch pointed out, is that “there is no clear referent in § 11(a) telling us what ‘such security’ means.” For one thing, the statute imposes liability for false statements or misleading omissions in ‘ the registration statement.’” – rather than simply “a” or “any” registration statement.

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Statute Technology Court Court Decisions 102

Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Although the notice letter is a critical aspect of the Hatch-Waxman process, the Federal Circuit found that the letter was not an “act of infringement” as required by the venue statute. Celgene Corp.

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Statute Manufacturing Court Decisions Court 95

FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C.

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Manufacturing Contract Statute Court 59

Conflict of Laws

JUNE 26, 2024

Maggie Gardner ( Cornell Law School ) will speak, in English , about the topic Beyond the Presumption Against Extraterritoriality For the last decade, the debate over prescriptive jurisdiction in the United States has been monopolized by the Supreme Court’s rejuvenated presumption against extraterritoriality. Under this framework, U.S.

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Statute Law School Court Decisions Court 52

Conflict of Laws

OCTOBER 2, 2023

It is titled: CSA Okoli, A Yekini & P Oamen, “The Igiogbe Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions.” Contrary to this popular view, this work argues that the Igiogbe custom can be displaced by statute and other customary or religious laws.

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Laws Court Decisions Litigating Litigation 64

SCOTUSBlog

JUNE 23, 2023

The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute. Kavanaugh reasoned that when “the question on appeal is whether the case belongs in arbitration or instead in the district court, the entire case is essentially ‘involved in the appeal.’”

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Court Court Decisions Litigating Litigation 104

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

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Manufacturing Statute Court Decisions Court 59

SCOTUSBlog

APRIL 22, 2022

1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights. Georgia, by contrast, argues that Nance must bring the Eighth Amendment claim under the federal habeas statutes.

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Litigating Litigation Statute Constitutional Law 114

Patently O

APRIL 22, 2021

However, the courts refused to allow the challenge based upon the doctrine of assignor estoppel. The statute provides no guidance, but the doctrine seems to have its origin in the property law doctrine of estoppel-by-deed that normally accompanies a warranty deed (although sometimes a quitclaim deed). Formica Insulation Co. ,

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Court Contract Statute Court Decisions 118

Broadcast Law Blog

APRIL 25, 2013

Let’s explore this decision and its ramifications in a little more depth. As we have written before , an Internet service that allows users to post content to that service is exempt from any liability for that content under two statutes.

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Court Decisions Court Statute Technology 40

SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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Immigration Court Statute Law Firm 102

Mondaq

MARCH 16, 2022

In this appeal, the Ninth Appellate District affirmed the trial court's decision, agreeing that the alleged agreement was barred by the Statute of Frauds under R.C. as it was.

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