SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court will kick off its 2023-24 term on the traditional first Monday in October. The court’s October argument session will feature six arguments over five days, on topics ranging from federal sentencing laws to voting rights. A three-judge panel of the U.S.

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SCOTUSBlog

MAY 26, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The Supreme Court has issued a number of decisions in recent years limiting the reach of the federal wire-fraud statute, which outlaws the use of “the wires” – including internet and phone lines – to commit fraud.

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SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. After the district court sent the case back to state court, the companies appealed to the U.S.

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Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. The FDA is headquartered in Maryland, and that was the office that received the ANDA documents. and probably also in Maryland, but not in N.J. This argument was quickly rejected by the court. (2)

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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. In Blankenship v.

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FDA Law Blog

APRIL 3, 2023

Kirschenbaum — On March 31, the Federal District Court for the District of Maryland upheld CMS’s definition of a “new formulation” under the Medicaid Drug Rebate Program (MDRP). Under the statute, a line extension is a ‘new formulation” that is not an abuse-deterrent formulation. Vanda Pharmaceuticals, Inc. MJM-22-977 (Dist.

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JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. If the letter prompts arrests, we could see a major free speech challenge in the courts. I believe that a court would declare the use of the law against protesters on public sidewalks to be unconstitutional under the First Amendment.

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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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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. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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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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Gravel2Gavel

MAY 27, 2021

SUPREME COURT. The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court? In this case, both the Maryland federal district court and the U.S.

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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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FDA Law Blog

SEPTEMBER 30, 2022

Kirschenbaum — In November 2020, we blogged about a decision by the Federal District Court of Maryland dismissing a Federal False Claims Act (FCA) qui tam suit alleging that Forest Laboratories knowingly reported inflated best prices under the Medicaid Drug Rebate Program (MDRP), resulting in underpayment of rebates. Burr , 551 U.S.

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ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure.

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The Crime Report

JULY 29, 2021

The report says that as a consequence of bias in the criminal justice system, the statutes meant to protect racial minorities and marginalized groups are less effective. Hate crime laws in the U.S. Advocates are quoted in the report claiming that existing laws can discourage hate crime victims from coming forward.

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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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The Crime Report

MAY 12, 2022

Glenn Youngkin and Maryland Gov. However, although peaceful, the demonstrations appear to have been illegal, according to legal experts, citing a statute from 1950 that prohibits any demonstration “with the intent of influencing any judge.” Virginia Gov. Protesting the potential overturning of Roe v.

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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. By federal statute, sponsors of "electioneering communications" must disclose the names and addresses of each donor who contributed $1000 or more to the sponsoring organization.

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Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. by Dennis Crouch Lindke v. Freed, 601 U.S. 2024) 22-611_ap6c. ” 42 U.S.C. ” 42 U.S.C. Edmondson Oil Co., 922 (1982).

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FDA Law Blog

JUNE 16, 2023

Importantly, “price increase” is not defined in this statute. The appeal decision is subject to judicial review by a Minnesota court. It appears not to mean a WAC increase, because the term WAC is specifically used in defining the price increase triggers, but not in reference to the manufacturer’s price increase.

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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. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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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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SCOTUSBlog

APRIL 17, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. First, as I pledged in my last post , I am only too happy to eat crow after predicting that the court would not take one-time relist Villarreal v. A short explanation of relists is available here. But the U.S.

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SCOTUSBlog

OCTOBER 26, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Court of Appeals for the 5th Circuit affirmed. United States. New Relist.

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SCOTUSBlog

APRIL 27, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In Monday’s orders , the Supreme Court disposed of three relists. To begin with the unhappy news (at least for petitioners), the court denied review without comment in one-time relist Kelly v.

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SCOTUSBlog

NOVEMBER 1, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court did not grant review in any new cases since our last installment. The court did, however, deny review in one case that had been relisted three times – King v. Court of Appeals for the D.C.

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SCOTUSBlog

OCTOBER 3, 2023

In September 2020, Laufer sued Acheson in federal court, alleging that the inn’s website violated the “reservation rule” because (among other things) it didn’t identify accessible rooms or give her enough information to determine whether the inn was accessible to someone with a physical disability. But in 2021, in TransUnion v.

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SCOTUSBlog

MARCH 6, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Once again this week, the Supreme Court has been busy sifting through the relists. And the court denied review of a petition raising a First Amendment challenge to university bias-response teams.

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SCOTUSBlog

MARCH 30, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The likeliest grant out of last week’s relists got the nod: The Supreme Court will decide in Acheson Hotels, LLC v. The court denied review to five-time relist Donziger v. Court of Appeals for the D.C.

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SCOTUSBlog

NOVEMBER 15, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Since our last installment , the Supreme Court has continued slowly chipping away at the still-sizable number of lingering relists from the end-of-summer “long conference.” Court of Appeals for the D.C.

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SCOTUSBlog

NOVEMBER 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Court of Appeals for the 10th Circuit, Abitron argued that the Lanham Act should not apply to its foreign sales. A short explanation of relists is available here. There are four newly relisted cases this week.

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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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SCOTUSBlog

OCTOBER 4, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back. On Monday, the court granted nine petitions from the enormous number that built up over the summer. A short explanation of relists is available here. First up is Buffington v.

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SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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The Crime Report

DECEMBER 19, 2023

The archdiocese is now mandated by the court to widely advertise the deadline, after which civil sexual abuse claims against it will be permanently barred. 1, but just a couple of days before, the archdiocese filed for bankruptcy, which halts most civil claims while the organization reorganizes its finances and debts in court.

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The Crime Report

AUGUST 31, 2021

Pop star Britney Spears , for example, recently compared her treatment under a court-ordered conservatorship to sex trafficking. Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute.

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At the Lectern

APRIL 29, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court OK’s commutation of three-strikes sentence. The court granted review in Pulliam v. The appellate court concluded the Rule doesn’t limit attorney fees, disagreeing with Lafferty v. The court denied depublication.]. Jenkins (Jan.

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