FDA Law Blog

JANUARY 30, 2025

As the DOJ FOIA Guide explains in its introduction : The United States Supreme Court has explained that [t]he basic purpose of [the] FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed. (II) 552(a)(4)(B).

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SCOTUSBlog

MAY 1, 2023

Natural Resources Defense Council , the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron. Share Nearly 40 years ago, in Chevron v.

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SCOTUSBlog

MAY 24, 2021

Share The Supreme Court on Monday sided with Guam in its dispute with the federal government over the cleanup costs of toxic waste on the island. Justice Clarence Thomas wrote the opinion for a unanimous court just four weeks after oral argument in the case. The case, Guam v. Before the U.S.

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SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Court of Appeals for the District of Columbia Circuit.)

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SCOTUSBlog

APRIL 28, 2021

United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S.

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SCOTUSBlog

NOVEMBER 29, 2021

A drug’s “average price” is fixed elsewhere in the Medicare statute, typically at 106% of the drug’s sale price. In their view, the point of the 2003 statute was to cover hospitals’ costs, not to subsidize 340B hospitals. Both the district court and the U.S. Though they won in the district court, the D.C.

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SCOTUSBlog

MAY 7, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Ojedokun v. United States.

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JURIST

OCTOBER 25, 2023

States such as California, New York, Illinois and the territory of the District of Columbia joined in the lawsuit against Meta. The case is currently filed before a federal court in California. 33 US states filed a lawsuit against Meta Platforms Inc.,

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The Crime Report

APRIL 14, 2022

In most urban and suburban areas, particularly in Texas, it’s “nearly impossible to go about one’s day without entering a school zone,” which in turn conflicts with a citizen’s ability to exercise a right guaranteed under the Constitution, as interpreted by the Supreme Court, writes Tyler Smotherman, a J.D.

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Gravel2Gavel

NOVEMBER 22, 2021

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. by Anthony B. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

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SCOTUSBlog

APRIL 15, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, claims from two criminal defendants under the Speedy Trial, which dictates timeframes for different stages of criminal prosecutions. In such cases, the court must “set[] forth” the reasons for its findings, according to statutory factors.

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FDA Law Blog

MAY 30, 2024

Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.

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SCOTUSBlog

JANUARY 11, 2022

Commissioner of Internal Revenue will consider whether “equitable tolling” – which allows courts to excuse missed deadlines in some circumstances – is available for a statutory federal income tax deadline. Courts of Appeals for the 8th and 9th Circuits concluding that tolling is not available, and the U.S. The deadline was Aug.

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The Crime Report

JUNE 16, 2022

All 50 states and the District of Columbia allow “initial aggressor” limitations on self-defense claims. Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. Nevertheless, according to the paper written by Cynthia Lee, the Edward F.

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SCOTUSBlog

MAY 27, 2022

In district court, Georgia corrections admitted that its policy substantially burdened Smith’s religious exercise, but it argued that various safety and security concerns justified its refusal to allow beards of any greater length. Court of Appeals for the 11th Circuit reversed , re-instating the half-inch limit.

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SCOTUSBlog

JUNE 29, 2022

This holding restored the right to bear arms across the country and gives hope that many other firearm restrictions — including several that have previously been upheld by courts — will be repealed or held unconstitutional. In part one, the court determined whether the challenged law burdened the Second Amendment’s original scope.

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LawSites

JULY 19, 2022

With the acquisition, Fastcase became the sole legal research provider for the bar associations of all 50 states, the District of Columbia, the U.S. He described the service as a basic research service with cases, statutes, administrative materials and court rules. million lawyers in the country.

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SCOTUSBlog

JUNE 27, 2022

Thomas has taken law-office history to a new low, even for the Supreme Court, a body whose special brand of “law chambers history” has prompted multiple critiques and been a source of amusement for generations of scholars and court watchers. Bruen does mark a new low for the court. In District of Columbia v.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. PJM Interconnection is one such RTO, which oversees a region encompassing thirteen states, including Pennsylvania, along with the District of Columbia.

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SCOTUSBlog

NOVEMBER 2, 2021

For this reason, any state statutes containing widespread prohibitions or overly burdensome regulations on the concealed carry of firearms must be immediately questioned. Citing District of Columbia v.

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SCOTUSBlog

APRIL 20, 2021

Share With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. How, she wondered, should the court consider this change over time?

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SCOTUSBlog

JUNE 23, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering a whopping 191 petitions and applications at this week’s conference. The court of appeals denied the Moores’ petition for panel rehearing and rehearing en banc.

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FDA Law Blog

AUGUST 12, 2024

As background, under the PTE statute at 35 U.S.C. § sued FDA, at FDA’s request, the Court remanded the decision back to the Agency, but it came to the same conclusion. On August 8, 2024, the Court granted Nissan et al.’s It’s a clean win for the Plaintiffs and yet another hit to FDA’s court losses. While Nissan et al.

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SCOTUSBlog

APRIL 23, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether to revive two federal gun restrictions struck down by the U.S. Court of Appeals for the 5th Circuit.

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LettersBlogatory

NOVEMBER 7, 2022

. § 1391(f), which allows cases against foreign states and their subdivisions to be brought in a district “in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated,” or in the District of Columbia.

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Conflict of Laws

AUGUST 6, 2024

Although the United States signed Hague Convention on Choice of Court Agreements (COCA) in 2009, it has yet to ratify it. The ULC is a non-partisan, non-profit, unincorporated association comprised of volunteer attorneys appointed by each state of the United States plus the District of Columbia, Puerto Rico, and the U.S.

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JonathanTurley

OCTOBER 18, 2021

Bruen, the first major gun rights case before the Supreme Court in ten years. Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

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FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). The currently pending lawsuits in federal court are AstraZeneca Pharmaceuticals v.

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FDA Law Blog

OCTOBER 9, 2023

The Court vacated the rule as arbitrary and capricious “based on its contradictory reading of the same statutory and regulatory language and the fact that the agencies have yet to offer a definitive interpretation of this language that would support the rule.” By Faraz Siddiqui & Sophia R. Gaulkin & Jeffrey N. Wasserstein — The U.S.

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Constitutional Law Reporter

MARCH 4, 2025

Supreme Court closed out its January sitting with oral arguments in four cases. The issues before the justices ranged from where a vape company can bring suit against the FDA to whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment. Reynolds Vapor Co.:

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SCOTUSBlog

MAY 2, 2021

Share The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. New Jersey.

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SCOTUSBlog

JUNE 30, 2021

Share The Supreme Court held 5-4 in PennEast Pipeline Co. New Jersey that sovereign immunity does not shield New Jersey from condemnation proceedings instituted by a private company in federal court to obtain properties for a pipeline. The court rejected the sovereign immunity defense. New Jersey appealed, and the U.S.

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FDA Law Blog

OCTOBER 1, 2024

District Court for the District of Columbia (“DDC”) against FDA alleging that the Agency’s structure of NDA review is unconstitutional (by our count the 31st Vanda litigation against FDA or another government entity in the last five years, including appeals). —and the issues the company raises—are very, very real.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

These permitting decisions may then subject transmission lines to NEPA, among other statutes. . In May, the Court modified its earlier vacatur of NWP 12 to cover only future oil and gas pipeline construction. The Corps appealed the District Court’s amended ruling to the Ninth Circuit Court of Appeals.

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JonathanTurley

MARCH 10, 2022

The case came before the court after the district court granted summary judgment, on qualified immunity grounds, in favor of Las Vegas Metropolitan Police Department Detective Christopher Tucker. Bartlett (2019) [the relevant Supreme Court precedent -EV]. Notably, in Ballentine v. Tucker was sued under 42 U.S.C.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

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