FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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ClimateChange-ClimateLaw

APRIL 18, 2023

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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ClimateChange-ClimateLaw

MARCH 14, 2024

No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. In 2023, the Supreme Court of Hawaii held the opposite in City & County of Honolulu v. It is of note that the precedent concerns common law claims and courts may approach state statutes differently.

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ClimateChange-ClimateLaw

DECEMBER 2, 2022

Sunoco LP , a Hawaii state court rejected fossil fuel companies’ motions to dismiss for failure to state a claim and lack of personal jurisdiction, allowing the case to proceed. In the case that has proceeded the furthest in state court, City & County of Honolulu v.

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JURIST

APRIL 24, 2023

Each petition focuses on two federal statutes regarding the transfer of a case to federal court: 28 U.S.C. City and County of Honolulu, Hawaii , Chevron Corp. 1441(a) and 28 U.S.C. 1441(a) allows a party to remove the case to federal court if they could have first filed their complaint in federal court, known as original jurisdiction.

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SCOTUSBlog

OCTOBER 10, 2024

After Hawaii charged Christopher Wilson with carrying a handgun without a license, lower state courts dismissed the charges under the Second Amendment. Hawaii , Wilson urges the justices to overturn what he calls the state court’s failure to conduct the appropriate analysis of his charges under Bruen. In Wilson v. 30 conference.)

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The Crime Report

JUNE 30, 2021

Hawaii enacted a law last week that removes the statute of limitations for sex trafficking and distinguishes sex buyers from people selling sex. The Hawaii bill has given momentum to the movement in Maine, a state many people consider a trafficking hub.

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JonathanTurley

FEBRUARY 9, 2024

It has been 65 years since Hawaii became a state, but the Hawaiian Supreme Court appears to be having second thoughts. Hawaii apparently is controlled not by the precedent of the Supreme Court but the “spirit of Aloha.” We hold that in Hawaii there is no state constitutional right to carry a firearm in public.”

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Court decision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets. Zepeda , No. 80593-2-I (Wash.

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FDA Law Blog

NOVEMBER 17, 2024

Hawaii and related cases. The case analyzed when an enforcement obligation was required by statute as opposed to committed to agency discretion. The court ruled the agency’s action was arbitrary and capricious and entered a mandatory injunction ordering FDA to make the drug available.

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JonathanTurley

MARCH 24, 2022

Indeed, it was treated as racist to even note that Jackson’s record does not offer a clear judicial philosophy on the interpretation of the Constitution or statutes. Democratic senators like Sheldon Whitehouse have now recognized the “fact that Judge Jackson said ‘I do not have a judicial philosophy.’” Likewise, Sen.

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SCOTUSBlog

NOVEMBER 22, 2024

Stillie , the case challenging Alaska’s disclosure requirement statute for political contributions. Hawaii , 23-7517 Issue : Whether the test of New York State Rifie & Pistol Association, Inc. The Supreme Court cleared out some old relists in the last few order lists. The court denied review in Smith v. Heather Jackson, B.P.J.’s

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

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The Crime Report

DECEMBER 1, 2022

The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. Its key terms “habitually,” “severe,” even “risk,” are all matters of “degree” that neither the statute nor departmental standards define.

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JonathanTurley

MARCH 25, 2022

It was clear from the outset that Jackson would not discuss her judicial philosophy on interpreting the Constitution or statutes — the very issue Democratic senators cited in voting against Barrett in 2020. Mazie Hirono (D-Hawaii) agreed.

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ClimateChange-ClimateLaw

MARCH 9, 2021

Sunset in Hawaii. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. By Margaret Barry and Korey Silverman-Roati . and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.

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SCOTUSBlog

JULY 7, 2022

The decision was noteworthy not only because it struck down the New York law, which mirrored similar restrictions in California, Hawaii, Maryland, Massachusetts, and New Jersey, but for its methodology. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

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The Crime Report

JULY 22, 2022

Mazie Hirono , a Democrat from Hawaii. Adler of the Cato Institute notes, “Most of the major environmental statutes have not been reauthorized in decades, and new environmental measures are rarely considered. That should come as no surprise. That’s what the Republicans do all the time,” observed Sen. Jonathan H.

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JonathanTurley

NOVEMBER 10, 2021

He added “The appointment is not consistent with the language of the statute that he’s relying on and can be rescinded, I think, by the next attorney general. Mazie Hirono (D-Hawaii), and Cory Booker (D-N.J.). I would presume the next attorney general will look to see if there is any merit to the work that John Durham is doing.”

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SCOTUSBlog

JANUARY 21, 2021

Hawaii Land Use Commission , 20-54 , bought a thousand-acre tract of land in Hawaii on which it planned to build hundreds of homes. Hawaii Land Use Commission , 20-54. So this case clearly has the court’s attention. The petitioner in Bridge Aina Le’a, LLC v. relisted after the Jan. 15 conference). Bridge Aina Le’a, LLC v.

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