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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, which gives the FDA the power to regulate tobacco products and requires manufacturers to obtain the FDAs permission before putting a new tobacco product on the market. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids.

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New York City’s Building Electrification Law Wins in District Court

ClimateChange-ClimateLaw

City of New York , plumbing and building trade groups challenged New York Citys Local Law 154 of 2021 , a piece of legislation that prohibits fossil fuel combustion in most new buildings. This blog post discusses Local Law 154, unpacks Judge Abrams decision, and ends with a refresher on California Restaurant Association v.

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Justices to review novel bankruptcy maneuver in public harms litigation

SCOTUSBlog

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? As William Harrington, the U.S. Trustee argues is different.

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US appeals court upholds Illinois assault rifle ban

JURIST

In response to the ruling, Illinois Governor Pritzker stated : The 7th Circuit Court of Appeals has affirmed what gun safety advocates have said from day one—the Protect Illinois Communities Act is a commonsense law that will keep Illinoisans safe. This is not the only litigation involving PICA. 50 caliber rifle and certain pistols.

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US judge declares California assault weapon ban unconstitutional

JURIST

The California law makes it a felony to manufacture, distribute, import, keep for sale or lend assault weapons. Additionally, Benitez took issue with the fact that the law penalizes law-abiding citizens and “takes away” the choice from California residents to use AR-15s for self-defense.

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US Supreme Court rules death row prisoner may have pastor touch him and pray out loud during execution

JURIST

Sotomayor wrote separately “to underscore the interaction between prison officials’ obligations to set such rules and the exhaustion requirement of the Prison Litigation Reform Act. Since that day, Ramirez has manufactured more than a decade of delay to evade the capital sentence lawfully imposed by the State of Texas.

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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7