JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. It was a rare instance in which the court resisted such a mootness ruling after a party sought to withdraw — but, then, few litigants have had the temerity to do what New York did. Two years after Heller, in McDonald v.

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

Transmission lines are, like generation facilities, often held up by litigation. These permitting decisions may then subject transmission lines to NEPA, among other statutes. . Supreme Court stayed the District Court’s injunction, except as applied to the Keystone XL Pipeline. Three Recent Pipeline Setbacks.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM Interconnection is one such RTO, which oversees a region encompassing thirteen states, including Pennsylvania, along with the District of Columbia. In many parts of the country, transmission planning is undertaken by FERC-regulated bodies called regional transmission organizations (RTOs) and independent system operators (ISOs).

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The federal district court for the District of Columbia ruled that the U.S. and non-U.S. FEATURED CASE.

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The lawsuit was filed in the federal district court for the District of Columbia.

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SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. Court of Appeals for the District of Columbia Circuit and the U.S. The question in this challenge to the rule, he said should focus on what the best reading of the statute is.

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SCOTUSBlog

MARCH 11, 2024

Meanwhile, a trade association representing the Pacific Northwest timber industry went to federal court in the District of Columbia with a similar challenge. Courts of Appeals for the 9th and District of Columbia Circuits sided with the government in separate rulings. But the D.C. On appeal, the U.S. Murphy Co.

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SCOTUSBlog

MAY 25, 2021

Court of Appeals for the District of Columbia Circuit held that Section 107(a) cost-recovery actions and Section 113(f)(3)(B) contribution actions are mutually exclusive. However, the court held that Guam’s contribution action was barred by a three-year statute of limitations that ran from the date of the settlement.

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SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Four of them – the 2nd, 5th, 6th, and District of Columbia Circuits – have answered in the affirmative. But that’s for cases brought under diversity jurisdiction. Does Klaxon apply?

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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. Another reason drug manufacturers may want to update their marketing policies are the numerous state requirements tied to the Code.

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SCOTUSBlog

JULY 27, 2023

Court of Appeals for the District of Columbia Circuit. Court of Appeals for the 4th Circuit put construction on hold while litigation over the project continued; the 4th Circuit heard oral arguments in that challenge beginning at 10 a.m. But on July 10, the U.S. on Thursday morning.

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SCOTUSBlog

APRIL 16, 2021

The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act. A federal district court in D.C. They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA.

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ClimateChange-ClimateLaw

AUGUST 6, 2024

For example, in recent years, federal courts have denied motions for preliminary injunction in litigation pertaining to the South Fork Wind , Vineyard Wind , and Coastal Virginia Offshore Wind projects. To date, federal courts have been reluctant to grant this type of extraordinary relief in challenges to offshore wind projects.

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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. The district court and U.S.

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SCOTUSBlog

JULY 2, 2021

The court added nine other cases to its docket for the 2021-22 term, on issues ranging from securities litigation to interstate water disputes. Other grants on Friday’s order list. Those cases (which, like the Maine school-funding case, are likely to be heard in the fall) are: Cummings v. Pivotal Software v.

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SCOTUSBlog

JUNE 20, 2024

But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. The district court nonetheless ordered Dewberry Group to disgorge $43 million in profits earned by the affiliates, which are separately incorporated entities. rescheduled before the Mar.

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JonathanTurley

OCTOBER 25, 2021

The federal government also is subject to the Religious Freedom Restoration Act (RFRA), which prohibits the government and other covered entities like the District of Columbia from “substantially burden[ing]” a person’s exercise of religion. That, however, is precisely what these litigants are seeking to raise.

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SCOTUSBlog

JANUARY 20, 2022

The district court and U.S. Court of Appeals for the District of Columbia Circuit rejected these claims on the ground that the Constitution’s speech-or-debate clause prohibits judicial review of legislative actions such as voting. House Minority Leader Kevin McCarthy, R-Calif., Next up is Texas v.

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JonathanTurley

DECEMBER 19, 2021

In 2008, the District of Columbia in 2008 brought us District of Columbia v. At its passage, New York officials pounded their chests and promised they were certain of the constitutionality of the law and would litigate it all the way to the Supreme Court. In 2010, Chicago brought us McDonald v.

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FDA Law Blog

AUGUST 7, 2024

Koblitz — Increasingly the subject of induced infringement litigation, the viability of the carve-out has been questioned for several years now. Novartis further claims that the MSN labeling is unlawful because it violates the statutory requirement that the indications be “the same.”

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SCOTUSBlog

APRIL 19, 2024

The solicitor general now seeks review , supported by the District of Columbia and 20 states , which have filed a friend-of-the-court brief. Ordinarily, under the so-called “American Rule,” each litigant pays its own attorney’s fees, whether it wins or loses.

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SCOTUSBlog

NOVEMBER 2, 2021

Professors Robert Leider and Nelson Lund and the Buckeye Firearms Association write that the 1328 Statute of Northampton — a medieval English law that some gun-control advocates say reflects a centuries-long tradition of regulating weapon in public — merely prohibited carrying arms when doing so created public terror. Heller and McDonald v.

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SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. This week’s relists are a real grab bag of issues.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. and non-U.S. 19-1189 (U.S.

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Above The Law

FEBRUARY 4, 2025

That order applied only to funding for states, in response to a complaint filed by 20 blue state AGs along with the District of Columbia. Apparently red states are only delighted to lose access to Medicaid portals.) .”

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SCOTUSBlog

MARCH 25, 2025

Courts of Appeals for the 5th, 6th, 11th, and District of Columbia Circuits. Raimondo , holding that courts may not defer to a federal agencys interpretation of a statute just because it is ambiguous, federal courts enforced the limits imposed by the law. Congress did the same thing here, the FCC says.

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SCOTUSBlog

DECEMBER 31, 2022

Ten years later, while in private practice, he defended the constitutionality of a District of Columbia gun-control measure in District of Columbia v. As associate counsel for the National Association for the Advancement of Colored People in the 1960s, she helped litigate civil-rights cases in the South.

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SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. 29, 1941 – Nov.

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FDA Law Blog

MARCH 29, 2022

After years of regulatory procedures and litigation in two federal courts (the District Court for the District of Columbia and the U.S. In 2017, FDA issued a warning letter to our client, Genus Medical Technologies, for distributing barium sulfate, which FDA characterized as an unapproved drug.

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SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Two days earlier, the U.S.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”

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SCOTUSBlog

AUGUST 20, 2021

Court of Appeals for the District of Columbia Circuit issued a decision on June 2 that left Friedrich’s stay – and therefore the moratorium – in place. The challengers’ request went initially to Roberts, who handles emergency appeals from the District of Columbia. Circuit’s decision putting her earlier order on hold.

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SCOTUSBlog

JANUARY 26, 2022

Court of Appeals for the District of Columbia Circuit from 2002 to 2003. Kruger left WilmerHale for the University of Chicago Law School, where she taught a class in transnational litigation as a visiting assistant professor. before going to clerk for Judge David Tatel of the U.S. Kruger went from the D.C.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also declined to “create a new tort named abusive litigation.” and non-U.S. National Review, Inc. , 19-1140 et al.

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JURIST

FEBRUARY 28, 2022

During the Trump administration, the EPA repealed the CPP, replacing it with the Affordable Clean Energy Rule and sparking a new round of litigation. Last year the US Court of Appeals for the District of Columbia Circuit vacated the repeal of the CPP, vacated the ACE Rule, and sent the issue back to the EPA.

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