Mondaq

JULY 19, 2022

The CPP was an initiative proposed by the EPA during the Obama presidency in 2015.

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Court Decisions Court 40

SCOTUSBlog

APRIL 8, 2021

Justice Breyer Speaks on Court Authority and the ‘Peril of Politics’ in Annual HLS Scalia Lecture (Emmy Cho, The Harvard Crimson). Supreme Court Decision Affirms Open-Source’s Role in Modern Software Development (Angus Loten, The Wall Street Journal).

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Court Decisions Court 68

SCOTUSBlog

DECEMBER 11, 2020

The Supreme Court ruled in 2002 in Atkins v. Virginia that it is unconstitutional to execute someone who is mentally disabled. After receiving his death sentence, Bourgeois sought a ruling from a federal court in Texas that he was intellectually disabled and thus barred from execution.

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Court Rules Government Court Court Decisions 145

Mondaq

JULY 13, 2022

Supreme Court decided West Virginia et al. On June 30, 2022, the U.S. Environmental Protection Agency, holding that the EPA lacks authority under Section 7411(d) of the.

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Court Decisions Court 40

Mondaq

JULY 18, 2022

Supreme Court's decision in Chevron v. NRDC (1984) is a longstanding source of controversy. Some proponents of the doctrine argue that it facilitates our Constitution's separation of powers.

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Court Decisions Court 40

Law 360

MARCH 4, 2022

Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

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Law 360

JULY 14, 2022

Supreme Court's decision in West Virginia v. While the specific subject of the U.S.

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Court Decisions Court 40

The Crime Report

NOVEMBER 2, 2023

An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.

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Court Felony Court Decisions Laws 135

Constitutional Law Reporter

AUGUST 28, 2023

Facts of the Case Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. After he left the company, Mallory moved to Pennsylvania for a period before returning to Virginia. Along the way he was diagnosed with cancer.

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Court Laws Cause of Action Constitutional Law 52

Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. Celgene Corp. Mylan Pharma ( Fed. Lets talk first about acts of infringement.

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Statute Manufacturing Court Decisions Court 95

At the Lectern

JULY 8, 2024

It later summarily denied a habeas corpus petition after a superior court rejected a claim under Atkins v. Virginia (2002) 536 U.S. The Supreme Court had ordered the superior court evidentiary proceeding. ”) It ordered the district court to conduct a de novo review of the Atkins claim. Marks (2003) 31 Cal.4th

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Court Decisions Court Rules Court Laws 45

FDA Law Blog

OCTOBER 7, 2024

FDA alleged that H&P shipped an unauthorized tobacco product from California and Virginia, in violation of the law, and thus sought an order assessing a civil money penalty against H&P. H&P specifically relies on the Supreme Court decision in Jarkesy , as well as the 2023 Supreme Court decision in Axon Enterprise, Inc.

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Court Decisions Litigation Litigating Court 59

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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Manufacturing Contract Statute Court 59

SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”.

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Statute Stare Decisis Court Manufacturing 108

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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The Crime Report

JANUARY 4, 2023

Searches for 911 call analysis in national court dockets come up virtually empty too. A public defender in Virginia said, “I have never heard of any of that claptrap in my jurisdiction.” In the winter of 2004, Harpster walked into the FBI Academy in Quantico, Virginia. The program has little online presence.

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Attorney Court Laws Education 98

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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

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Litigation Litigating Attorney Court 40

ClimateChange-ClimateLaw

JULY 6, 2017

DECISIONS AND SETTLEMENTS. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. 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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Court Litigation Litigating Attorney 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc.

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Court Government Litigation Litigating 59

SCOTUSBlog

APRIL 26, 2024

Court of Appeals for Veterans Claims (the “Veterans Court”) to “take due account of the Secretary’s application of section 5107(b)” as part of its review of benefits appeals. In reviewing the Veterans Court decision, the U.S. Florida and Moore v.

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Felony Personal Injury Court Cause of Action 125

Law 360

JULY 18, 2022

Supreme Court's decision in West Virginia v.

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Administrative Law Court Court Decisions Litigation 75

SCOTUSBlog

DECEMBER 6, 2024

Moreover, Won contends that the ruling is in tension with prior Supreme Court decisions allowing video testimony only under a tougher standard when justified by important public policy, such as shielding children who were sexually abused from having to face their alleged abusers in court.

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Government Statute Court Court Decisions 87

The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. The case will first return to lower court. Changing Definitions.

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Court Rules Court Statute Legal 105

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. Virginia ) all laid the groundwork for modern jurisprudence in those areas. Board of Education.

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Court Education Constitutional Law Court Decisions 108

FDA Law Blog

JUNE 19, 2023

Opponents of LDT regulation received a boost with last year’s Supreme Court decision overturning an agency action based on the “major questions” doctrine, West Virginia v. Depending on what happens in the next few weeks in Loper Bright Enterprises v.

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Calendaring Legal Legal Court Decisions 56

SCOTUSBlog

JUNE 13, 2024

Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v. The government adds that plenary review and argument are not necessary “[i]n light of the obviousness of the error.” Florida and Moore v.

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Government Court Laws Litigation 129

SCOTUSBlog

MAY 31, 2024

Louisiana did not initially file a response to Granier’s petition, but – when instructed to do so by the Supreme Court – it countered that Granier was not entitled to relief because no Supreme Court decision had clearly accepted claims of implied bias. Florida and Moore v.

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Constitutional Law Reporter

JULY 25, 2023

According to the Court’s conservative majority, the First Amendment prohibits the state of Colorado from forcing Smith to create expressive designs speaking messages with which she disagrees. In reaching its decision, the Court relied heavily on First Amendment precedent established in Boy Scouts of America v. Dale , 530 U.S.

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Court Government Constitutional Law Statute 52

SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. They invoke Rapanos v.

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JURIST

FEBRUARY 27, 2021

The Virginia General Assembly on Thursday approved a comprehensive state-level Voting Rights Act by a 21-18 vote in the state senate. The bill seeks to restore certain provisions of the federal Voting Rights Act that were gutted by a 2013 Supreme Court decision. All votes in favor of House Bill 1890 came from Democrats.

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Cause of Action Education Court Decisions Attorney 118

SCOTUSBlog

NOVEMBER 4, 2024

The court also sent Joseph Smith’s case from Alabama’s death row back to the court of appeals for more clarification of the basis for the lower court’s decision. Alabama had asked the justices to reverse an appeals court decision that lifted Smith’s death sentence. 5 until Nov.

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Court Immigration Court Decisions Court Rules 118

SCOTUSBlog

DECEMBER 31, 2020

In December 1958, a Black law student attending Howard University tried to order a cheeseburger at a restaurant in a Virginia bus terminal. The man, Bruce Boynton, appealed his conviction all the way to the Supreme Court. In 1960, the court issued its landmark decision in Boynton v. Bruce Carver Boynton.

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Broadcast Law Blog

SEPTEMBER 29, 2009

First, there was the story about Bob McDonnell, the Republican candidate for Virginia governor who, seemingly inadvertently, dropped the f-bomb, perhaps as a result of tripping over his tongue during a news interview on a news radio station in Washington. " What does all of this activity mean?

Court Decisions 56

Court Decisions Court 56

Broadcast Law Blog

SEPTEMBER 28, 2009

First, there was the story about Bob McDonnell, the Republican candidate for Virginia governor who, seemingly inadvertently, dropped the f-bomb, perhaps as a result of tripping over his tongue during a news interview on a news radio station in Washington. " What does all of this activity mean?

Court Decisions 40

Court Decisions Court 40

FDA Law Blog

SEPTEMBER 24, 2023

This decision from three Democrat-appointed judges can be seen as a traditional pullback of a procedurally deficient agency rule. But there may be more for us to learn from this decision. Given a looming threat to agency deference, as seen in the Supreme Court decision in West Virginia v.

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Manufacturing Court Court Decisions 59

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Virginia Declined to Issue Preliminary Injunction in Challenge to CEQ Amendments to NEPA Regulations, Denied Motions to Dismiss. Wild Virginia v. Federal Court Upheld Environmental Review for Logging Project. The federal district court for the District of Colorado upheld the U.S. Shrestha v.

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Court Government Compensatory Damages Litigation 72

SCOTUSBlog

DECEMBER 9, 2024

The courts order denying review came roughly eight months after the court turned down a request to weigh in on a similar dispute over the admissions process at a prestigious Virginia magnet school that considers socioeconomic factors in allocating some of the schools 550 seats.

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