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. §

Court 40

Court Statute Contract Litigating 40

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.

Statute 50

Statute Diligence Legal Legal 50

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.

Statute 64

Statute Government Court Litigating 64

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.

Court 59

Court Government Litigating Litigation 59

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.”

Court 73

Court Laws Statute Technology 73

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.

Court 118

Court Statute Government Laws 118

SCOTUSBlog

DECEMBER 17, 2021

United States , Melvyn Gear, an Australian citizen who resides in Hawaii on an H-1B visa, asks the justices to decide whether Section 922(g)(5)(B) also requires proof of knowledge of collateral law. These and other petitions of the week are below: Ham v. Issue : Whether a district court has jurisdiction under 28 U.S.C. Williams v.

Statute 107

Statute Government Court Immigration 107

SCOTUSBlog

APRIL 23, 2021

Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. Its 170,000 residents are citizens of the United States.

Statute 117

Statute Government Court Depositions 117

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.

Misdemeanor 98

Misdemeanor Felony Immigration Statute 98

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.

Litigation 75

Litigation Litigating Cause of Action Punitive Damages 75

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.)

Court 128

Court Lawyer Lawyers Real Estate 128

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.

Legal 98

Legal Legal Immigration Statute 98

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.

Laws 126

Laws Attorney Court Legal 126

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

Sports 117

Sports Court Education Laws 117

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.

Court 72

Court Government Compensatory Damages Litigating 72

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.

Court 61

Court Legal Legal Statute 61

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.

Laws 111

Laws Stare Decisis Court Statute 111

SCOTUSBlog

DECEMBER 5, 2024

Although the government argued that the statute was centrally concerned with matters of foreign affairs and that the political branches judgments were entitled to significant weight, the court concluded that those considerations could not save the statute from being held unconstitutional. Relisted after the Sept. 15 and Nov.

Court 111

Court Cause of Action Statute Government 111

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.

Court 52

Court Felony Laws Legal 52

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.”

Attorney 59

Attorney Statute Criminal Law Legal 59

SCOTUSBlog

DECEMBER 12, 2024

Last Friday , the court agreed to review two cases involving the constitutionality of a statute allowing federal courts to assert jurisdiction over the Palestine Liberation Organization and the Palestinian Authority. Hawaii , the court denied review of a Second Amendment challenge to Hawaiis handgun-licensing scheme.

Tort 121

Tort Court Government Statute 121

Above The Law

MARCH 26, 2025

Plaintiffs, including transgender minors and advocacy organizations, argued that the orders violated the separation of powers, conflicted with existing statutes, and infringed on equal protection rights. The Ninth Circuits decision in Yukutake v. He attempted to bypass the procedural bar by asserting actual innocence under Schlup v.

Court 71

Court Small Business Education Government 71

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.

Statute 64

Statute Government Court Rules Litigation 64

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.

Court 64

Court Litigating Litigation Construction 64

JURIST

MARCH 14, 2025

The Attorney Generals (AGs) for Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Washington DC and Wisconsin filed the complaint in a Massachusetts District Court.

Education 160

Education Statute Attorney Government 160

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.

Court 106

Court Immigration Statute Law Firm 106