Patently O

MARCH 21, 2021

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. 251 (2013) (patent litigation attorney malpractice lawsuit does not arise under the Patent Act). The statute abuts and parallels the Constitution, and that means statutory interpretation becomes constitutional interpretation.

Contract 100

Contract Statute Court Cause of Action 100

JonathanTurley

OCTOBER 30, 2022

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. See Pennsylvania General Assembly Statute §7102. 32; 285 S.W.

Tort 35

Tort Litigating Litigation Construction 35

JURIST

SEPTEMBER 9, 2021

The US Court of Appeals for the Seventh Circuit issued an opinion on Wednesday setting aside the District Court for the Southern District of Indiana’s ruling that several Indiana abortion restrictions from Indiana Code Section 16-34-2-1 were unconstitutional.

Court 197

Court Statute Litigation Litigating 197

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Health and Hospital Corporation of Marion County, Indiana v. The Supreme Court heard oral arguments in five cases last week. Norfolk Southern Railway Co.:

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

JonathanTurley

OCTOBER 31, 2021

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. See Pennsylvania General Assembly Statute §7102. 32; 285 S.W.

Tort 36

Tort Litigating Litigation Construction 36

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. Goertz , involving the question of what statute of limitations state prisoners face when raising claims seeking DNA testing of crime-scene evidence.

Statute 86

Statute Stare Decisis Court Drafting 86

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

Statute 103

Statute Court Education Administrative Law 103

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. We wrote in more detail about these changes, here.

Government 59

Government Legal Legal Statute 59

JonathanTurley

OCTOBER 25, 2021

Previously in the term, Justice Amy Coney Barrett similarly declined to grant a request for emergency relief on behalf of eight students at Indiana University against a vaccine mandate. Trustees of Indiana University : Indiana University allows for medical or religious exemptions.

Government 43

Government Court Laws Law School 43

The Crime Report

JULY 15, 2022

States can and should ensure such statutes provide extensive due process protections. Indeed, both can be reconciled with public opinion, as most Americans both support the Second Amendment as an individual right and back reasonable limitations on it.

Laws 98

Laws Technology Court Legal 98

JonathanTurley

OCTOBER 30, 2023

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. See Pennsylvania General Assembly Statute §7102. 32; 285 S.W.

Tort 44

Tort Litigating Litigation Construction 44

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The result is a horn of plenty for litigators.

Tort 32

Tort Statute Criminal Law Court 32

SCOTUSBlog

JANUARY 13, 2021

Soon after the court issued its final late-night order, Montgomery was put to death by lethal injection at the federal execution facility in Terre Haute, Indiana. Four separate cases relating to Montgomery’s execution reached the justices in emergency litigation over the past several days. She was pronounced dead at 1:31 a.m.

Court 115

Court Government Attorney Statute 115

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.”

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. The case is Does v.

Healthcare 96

Healthcare Tort Education Court 96

SCOTUSBlog

SEPTEMBER 6, 2021

Most people following the litigation over S.B. The Supreme Court could neither enjoin the flagrantly unconstitutional abortion restrictions nor lift the circuit court’s unexplained order pausing lower-court litigation, the “rule-of-law story” goes, because the Supreme Court’s hands were tied.

Litigation 137

Litigation Litigating Statute Government 137

ClimateChange-ClimateLaw

APRIL 9, 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. s consumer protection statute. By Margaret Barry and Korey Silverman-Koati. and non-U.S.

Court 117

Court Statute Litigating Litigation 117

JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. On the existing evidence, they will likely fail on appeal, even if they survive the trial level litigation. COUNT TWO (Aiding and Abetting Assault and Battery). Code § 22-1322 – Incitement to Riot).

Punitive Damages 46

Punitive Damages Tort Statute Court 46