JURIST

FEBRUARY 4, 2021

.” The district court denied Germany’s motion to dismiss , which a panel of the US Court of Appeals for the District of Columbia Circuit affirmed , and the Supreme Court agreed to hear the case.

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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. Court of Appeals for the District of Columbia Circuit rejected the companies’ challenge to the rule.

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The Crime Report

JULY 27, 2021

Meanwhile, twenty-three states and the District of Columbia have such laws, known as “chemical endangerment of a child” statutes, on the books. Prosecutors quickly began deploying the law against pregnant women, interpreting a “chemically toxic environment” to mean the pregnant body itself.

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SCOTUSBlog

JUNE 28, 2024

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. Court of Appeals for the District of Columbia Circuit.)

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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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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. 33 US states filed a lawsuit against Meta Platforms Inc.,

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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. Guzman Loera v.

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The Crime Report

APRIL 14, 2022

However, in 2007, the Court upheld, in District of Columbia v Heller , statutes limiting the possession of firearms from being carried in “sensitive places,” such as schools.

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SCOTUSBlog

JANUARY 24, 2025

Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought. RJR Vapor is incorporated and located in North Carolina, where challenges to the FDAs denials of applications to sell e-cigarettes had been unsuccessful.

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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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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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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

APRIL 15, 2022

By statute, one factor that can support a continuance for the “ends of justice” occurs when “the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible.” After the chief judge denied this request, the judge in Olsen’s case dismissed the indictment with prejudice.

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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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Gravel2Gavel

NOVEMBER 22, 2021

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

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The Crime Report

JULY 12, 2023

The Council of the District of Columbia has approved an emergency public safety bill aimed at addressing the increase in violent crime and homicides in Washington, D.C., The MPD previously interpreted local statute as mandating a no-pursuit policy. Martin Austermuhle reports for DCIst.

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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

JANUARY 11, 2022

Court of Appeals for the District of Columbia Circuit concluding that tolling is available for a similarly worded tax provision. It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. The issue has split circuits, with the U.S.

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SCOTUSBlog

JUNE 29, 2022

By the time Bruen was decided, with few exceptions, the lower courts had essentially limited the Second Amendment to protecting the possession of handguns in the home — the narrowest possible reading of District of Columbia v. Heller , which struck down prohibitions on handguns and functional firearms in the home.

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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. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C.

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SCOTUSBlog

APRIL 20, 2021

In setting aside $8 billion in relief for tribes, the 2020 CARES Act borrowed a definition from another statute, the Indian Self-Determination and Education Assistance Act of 1975. Court of Appeals for the District of Columbia Circuit sided with the federally recognized tribes, holding the definition did not include the corporations.

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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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SCOTUSBlog

JUNE 27, 2022

But the Texas statute, and the rationales set forth in English and Duke , are outliers.” In District of Columbia v. . “We acknowledge,” Thomas wrote, “that the Texas cases support New York’s proper-cause requirement, which one can analogize to Texas’ ‘reasonable grounds’ standard.

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Conflict of Laws

AUGUST 6, 2024

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. On the one hand, they could seek recognition and enforcement under the federal statute. Virgin Islands.

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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). These lawsuits were filed between January and June of 2021. Code Ann.§

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SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § Courts of Appeals for the 6th, 10th, and District of Columbia Circuits that rejected challenges to the bump-stock regulation. Court of Appeals for the 5th Circuit. Another provision enacted in 1986, Section 922(o)(1), bars the possession or sale of any “machinegun.”

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SCOTUSBlog

JUNE 23, 2023

McDonough involves the entitlement of veterans to educational benefits under two statutes: the Montgomery G.I. Each statute caps the education benefits that a veteran may earn under that statute at 36 months (the equivalent of a four-year college degree: nine months per academic year for four years). Rudisill v.

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Education Statute Court Government 111

Constitutional Law Reporter

MARCH 4, 2025

If FDA denies an application for authorization, “any person adversely affected by such denial may file a petition for judicial review of such denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business.”

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FDA Law Blog

AUGUST 12, 2024

As background, under the PTE statute at 35 U.S.C. § The District Court for the District of Columbia determined that “the key question at issue in this case” is the appropriate start of the testing phase: February 2010 or June 2011. Nissan thus filed an Amended Complaint and each party filed Motions for Summary Judgment.

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SCOTUSBlog

MAY 2, 2021

To abrogate state sovereign immunity, the 3rd Circuit determined that Congress was required to do so expressly in the text of the statute, which the court found lacking in the NGA. Court of Appeals for the District of Columbia Circuit or the circuit in which the certificate holder is located.

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FDA Law Blog

AUGUST 8, 2024

What has been overlooked is how rescheduling or descheduling may impact how the states and the District of Columbia might have to regulate marijuana. Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations.

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FDA Law Blog

OCTOBER 9, 2023

The Court specifically concluded that the rule “rests on two contradictory interpretations of the statute” and “conflict[s] with the regulatory definition.” By Faraz Siddiqui & Sophia R. Gaulkin & Jeffrey N. Wasserstein — The U.S.

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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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SCOTUSBlog

JUNE 30, 2021

To abrogate state sovereign immunity, the 3rd Circuit determined that Congress was required to do so clearly in the text of the statute, which the court found lacking in the NGA. Court of Appeals for the District of Columbia Circuit to “affirm, modify, or set aside” orders issued by FERC.

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JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. The case promises to be a showdown between the Supreme Court and lower courts, which have been chipping away at the high court’s prior Second Amendment rulings. Two years after Heller, in McDonald v.

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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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