ClimateChange-ClimateLaw

AUGUST 31, 2021

The district court in Oregon in 2016 seemed to favor such a right, but a divided Ninth Circuit concluded in 2020 that the plaintiffs lacked standing. The plaintiffs are now back in the district court seeking much more modest relief.). Photo by Mark Koch on Unsplash. Now we have an important new decision from Montana.

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Statute Litigation Litigating Government 126

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

Last week, the New York State Supreme Court for New York County dismissed Glen Oaks Village Owners v. While the preemption claim rang hollow to observers from the start, the idea that the ambitious climate laws passed in states like New York, Massachusetts, Minnesota, and California could limit local authority on climate was troublesome.

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Laws Court Government Construction 135

Law 360

MAY 24, 2022

cannot use a free speech statute to duck a climate change suit brought by the Massachusetts Attorney General, the state's top court ruled Tuesday, finding that the law in question applies to private suits but not public enforcement actions. ExxonMobil Corp.

Court Rules 52

Court Rules Statute Court Attorney 52

SCOTUSBlog

JANUARY 19, 2022

Last year, the Supreme Court trimmed the scope of that law, unanimously ruling that one of its reforms does not apply to certain low-level crack-cocaine offenders. Some courts look solely at the revised statutory penalties for crack cocaine to decide whether a new sentence is warranted. The justices will now decide which factors count.

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Laws Court Government Statute 104

Mondaq

JULY 12, 2022

As a general matter, courts and statutes tend to be more permissive of non-compete agreements in the context of the sale of a business.

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Statute Court Laws 40

Diane Drain

APRIL 15, 2021

Several others including California, Nevada and Massachusetts shield homeowner equity at or above $500,000. Another is that it would turn any existing court judgment into a lien on a person’s home, automatically and retroactively. Bankruptcy Court in Phoenix, doesn’t say how many involved homeowners.

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Laws Small Business Attorney Finance 211

LettersBlogatory

JANUARY 20, 2022

Deborah Berg and Karen Bedenbaugh obtained a money judgment against Elaine Ciampa in a Florida state court. Ciampa was a Massachusetts resident, and so Berg and Bedenbaugh brought an action in March 2019 against Ciampa in a Massachusetts state court. The court rejected this reading of the statute.

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Statute Court 52

FDA Law Blog

OCTOBER 3, 2022

district court of Massachusetts by former employee and whistleblower Michael Bawduniak in April 2012 as a qui tam action. The Alert described several factors that could potentially violate the antikickback statute. Wasserstein — On September 26, 2022, Biogen Inc. This lawsuit was brought to the U.S. See United States ex rel.

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Healthcare Statute Manufacturing Government 105

Law 360

FEBRUARY 29, 2024

The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.

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Statute Court Litigation Litigating 40

FDA Law Blog

JULY 7, 2021

Gibbs — In the first challenge ever brought against FDA’s rarely used power to ban a medical device, a court found FDA overstepped its authority and overturned the ban. The use of GEDs by JRC is subject to extensive regulation by Massachusetts, including the need for a judge to authorize the treatment for any patient.

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Statute Construction Court Drafting 52

Law 360

JUNE 8, 2023

The Massachusetts long-arm statute gives representatives of a New Hampshire man injured in a car crash jurisdiction to advance his defect claims against the maker of his 2004 Chrysler Sebring convertible in the Bay State, according to a Thursday order from the state's high court.

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LettersBlogatory

SEPTEMBER 1, 2021

The order , issued on August 31, is meant to reimpose restrictions in light of the Supreme Court’s recent decision in Alabama Association of Realtors v. The Boston Public Health Commission was created by statute, Chapter 147 of the Acts of 1995.

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Statute Laws Court Legal 52

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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Statute Government Court Litigation 64

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov.

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Government Court Contract Cause of Action 49

Broadcast Law Blog

OCTOBER 11, 2013

The battle over services that record and stream over-the-air TV without compensation to TV broadcasters has become even more confusing, with a US District Court judge in Boston denying an injunction to stop the Aereo service in Massachusetts in a suit brought by Hearst Corporation, which owns a local TV station.

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Court Statute Court Rules 40

At the Lectern

JULY 27, 2023

Supreme Court actions of note at its conference yesterday included: Supreme Court clears the way for two more gubernatorial pardons. In an unpublished opinion , the Sixth District Court of Appeal in Capito v. The Supreme Court also made another Division Two case — In re Robert F. Undisclosed hospital fee.

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Statute Court Calendaring Healthcare 40

FDA Law Blog

MARCH 12, 2024

Kaleo also delisted, but not without noting that “the decision to list each of these patents was proper, consistent, and required by the applicable statutes, regulations, and FDA’s guidance available at the time of listing.” FTC’s and Congress’s activities seem to have triggered litigation.

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Manufacturing Statute Litigation Litigating 45

JonathanTurley

JUNE 9, 2023

Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges. Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. The reason is that these claims are made for cable news, not courts of law.

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Laws Misdemeanor Attorney Felony 50

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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Court Litigation Litigating Attorney 40

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. Justice Kavanaugh writes, quoting Linda R.S. :

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Immigration Court Rules Court Statute 211

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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Tort Court Litigation Litigating 94

SCOTUSBlog

JULY 21, 2021

Share The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on various ideas for Supreme Court reform. President Joe Biden appointed the 36-member commission to write a report on various court-reform options. Responses on this topic were mixed.

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Court Statute Law School Constitutional Law 111

The Crime Report

AUGUST 5, 2022

Despite 48 states outlawing it, and the House voting unanimously to do the same, the Massachusetts Senate adjourned its final formal session this week without taking a vote on a measure that would make the sharing of nonconsensual pornography illegal in the state, reports the Boston Globe.

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Statute Legal Legal Court 122

SCOTUSBlog

OCTOBER 30, 2021

The court should decide the case based on text, history, and tradition, the methodology it applied in District of Columbia v. In Heller, the court eschewed an “interest-balancing” test under which judges “decide on a case-by-case basis whether the right is really worth insisting upon,” and it should do the same here.

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Court Statute Drafting Laws 107

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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Court Attorney Laws Government 96

SCOTUSBlog

MARCH 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court on Monday granted review in four consolidated cases that involve the constitutionality of the Indian Child Welfare Act of 1978. A short explanation of relists is available here.

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Court Statute Education Lawyer 86

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.

Construction 101

Construction Statute Felony Court 101

SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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Felony Statute Attorney Court 134

LettersBlogatory

SEPTEMBER 26, 2022

Berg and Bedenbaugh sued Ciampa in a Florida state court and won a judgment of almost $500,000. In 2019, Berg and Bedenbaugh brought an action in the Suffolk County Superior Court in Boston seeking to reach and apply funds that Fidelity Investments was holding for Ciampa. Ciampa appealed from the Superior Court judgment.

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Statute Court 52

SCOTUSBlog

JANUARY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

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Statute Court Education Administrative Law 103

Patently O

JUNE 17, 2024

By Dennis Crouch The Federal Circuit has reversed a preliminary injunction order in a trade secret misappropriation case, finding that the district court abused its discretion by failing to properly evaluate the likelihood of success on the merits and the balance of harms. Insulet Corp. EOFlow, Co. , 2024-1137 (Fed. June 17, 2024).

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Statute Court Diligence Manufacturing 64

FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. Related Stories California Dreaming Part 4: The Court Tells California to Keep on Dreaming Is The Skinny Label Back From the Dead?

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Manufacturing Statute Litigation Litigating 75

JonathanTurley

OCTOBER 25, 2021

The problem is that the courts already recognize some religious exemption arguments. There is a move in many states to refuse to allow such exemptions, but courts have pushed back. Likewise, the Sixth Circuit Court of Appeals this month affirmed such a preliminary injunction against Western Michigan University.

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Government Court Laws Law School 56

SCOTUSBlog

DECEMBER 11, 2020

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, more First Amendment challenges to pandemic-related restrictions and whether a criminal defendant can “open the door” to rebuttal testimony that otherwise would violate the Sixth Amendment. Gavin Newsom’s “Blueprint for a Safer Economy.”

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Court Statute Litigation Litigating 61

JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. The decision in 303 Creative LLC v.

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Court Laws Manufacturing Statute 59

JonathanTurley

OCTOBER 31, 2021

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood.

Tort 48

Tort Litigation Litigating Construction 48

JonathanTurley

OCTOBER 30, 2022

Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood. __.

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Tort Litigation Litigating Construction 46