FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. This decision may encourage more state-level efforts to adopt similar laws.

Manufacturing 59

Manufacturing Contract Statute Court 59

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. The law on this subject is complicated. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state.

Court 52

Court Statute Lawyers Lawyer 52

Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

Tort 59

Tort Statute Court Construction 59

Broadcast Law Blog

JANUARY 29, 2023

For more details about the extension and about other technical issues with the FCC’s filing systems, see the article we recently published on our Broadcast Law Blog. Notwithstanding the extension, licensees should not wait until the last minute to upload documents, as there may still be residual issues with the system for some time.

Sports 98

Sports Manufacturing Statute Laws 98

Patently O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Guest post by Professors J. Jonas Anderson and Paul Gugliuzza. – Jason.

Litigation 60

Litigation Litigating Court Statute 60

JURIST

JULY 13, 2022

Louisiana Judge Donald Johnson Tuesday granted a petition filed by reproductive health providers against the state’s abortion ban, the latest in a back-and-forth case set in motion after the US Supreme Court struck down Roe v. Johnson granted a temporary restraining order against state laws designed to take effect after Roe v.

Attorney 223

Attorney Statute Litigation Litigating 223

JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

Immigration 211

Immigration Court Rules Court Statute 211

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

Court 59

Court Government Litigation Litigating 59

Above The Law

FEBRUARY 5, 2025

We may, however, be shuffling toward clarity with a new ruling out of Louisiana in the case styled Vetter v. In other words, RMG would concede the domestic portion of the “Double Shot” copyright but claimed that it also had a massive number of discrete “Double Shot’ copyrights that arose under the law of every non-U.S.

Law Firms 95

Law Firms Law Firm Laws Court 95

JURIST

MAY 30, 2021

The Louisiana House of Representatives Thursday passed the controversial Senate Bill 156 requiring schools to designate athletic teams and sporting events based on the biological sex of the team members. The bill now moves to Democratic Governor John Bel Edwards to be signed into law.

Sports 104

Sports Cause of Action Statute Attorney 104

SCOTUSBlog

JUNE 3, 2024

United States , the justices agreed to weigh in on a federal sentencing law that imposes a mandatory minimum sentence for anyone who carries a gun during a “crime of violence.” In Delligatti v. The justices denied review in Granier v. Both the state courts and the lower federal courts rejected Granier’s request for post-conviction relief.

Statute 112

Statute Court Laws 112

Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional and because the landowners failed to prove that their claims arose within twelve years of the lawsuit being filed, it dismissed the case. Last week, the U.S.

Court 52

Court Laws Statute Immigration 52

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

Statute 135

Statute Construction Court Felony 135

The Crime Report

SEPTEMBER 20, 2023

This statute permits a defendant’s attorney to enter into plea negotiations with the U.S. 3553(a) (imposition of a sentence) requires a federal judge to consider the sentencing factors spelled out in that statute in order to impose a “substantively reasonable sentence.” These negotiations are known as “proffer meetings.” .

Statute 105

Statute Contract Court Attorney 105

SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

Felony 123

Felony Statute Attorney Court 123

SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C. 17 and Mar.

Statute 117

Statute Court Administrative Law Government 117

SCOTUSBlog

MARCH 28, 2022

In 1795, they ratified the 11th Amendment , which provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State.”.

Court 95

Court Government Statute Felony 95

The Crime Report

FEBRUARY 8, 2023

Problem was, Rahimi had no respect either for the protection order or for the rule of law. In January 2021, the Arlington Police determined that Rahimi between December 2020 and January 2021 terrorized both the general community and law enforcement of Arlington. A federal grand jury indicted him under 18 U.S.C. § Supreme Court.

Statute 98

Statute Court Attorney Legal 98

SCOTUSBlog

JUNE 29, 2022

101 ; and (2) whether patent eligibility (at each step of the Supreme Court’s two-step framework) is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent. Louisiana , 21-993. CVSG: 5/24/2022. relisted after the June 23 conference).

Statute 86

Statute Court Government Laws 86

The Crime Report

JANUARY 13, 2023

The illegal destruction of disciplinary records can make it harder to hold deputies accountable in a court of law, or track problem officers moving from department to department, said Sam Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha. We’re not a law enforcement or compliance agency.

Attorney 105

Attorney Litigation Litigating Depose 105

SCOTUSBlog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. Louisiana , 21-993. Amgen argues that the Supreme Court has held that whether a patent satisfies the “enablement” requirement is a jury question, and argues that the U.S. 28 conference).

Government 105

Government Construction Court Statute 105

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

Construction 99

Construction Statute Felony Court 99

SCOTUSBlog

OCTOBER 13, 2022

Fitisemanu and the Tulis argue that the 14th Amendment, adopted after the Civil War, embraced the founding-era common-law understanding of birthright citizenship. Louisiana , 21-993. United States asks the justices to overrule the Insular Cases and grant birthright citizenship to people born in American Samoa and the other U.S.

Tort 103

Tort Construction Court Felony 103

SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v.

Statute 101

Statute Court Education Administrative Law 101

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C.

Immigration 52

Immigration Court Rules Court Entertainment 52

The Crime Report

SEPTEMBER 2, 2022

Yet it left the door open for states to implement or reform their own laws – and some chose to preserve capital punishment. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework. Austin Sarat.

Statute 105

Statute Lawyers Lawyer Court 105

JonathanTurley

SEPTEMBER 7, 2021

She was charged under Louisiana law with malfeasance in office. What is interesting about the law is how broad the language is. The statute itself reads like criminalized negligence. Since I have not seen many of these cases, I wanted to share the underlying law. What followed was relatively rare.

Malfeasance 40

Malfeasance Mens Rea Statute Laws 40

SCOTUSBlog

NOVEMBER 6, 2023

Share A Texas man’s challenge to the constitutionality of a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun will come before the justices in oral argument on Tuesday. A federal appeals court in Louisiana agreed with Texan Zackey Rahimi, that the law, 18 U.S.C. §

Court 116

Court Government Divorce Laws 116

SCOTUSBlog

MARCH 16, 2023

Jane Doe, then an unemancipated 17-year-old, went to Missouri state court seeking to be granted a judicial bypass under state law that would allow her to obtain an abortion without her parents being notified. Only one of those cases is newly relisted: Chapman v. Court of Appeals for the 8th Circuit affirmed. rescheduled before the Jan.

Court 20

Court Statute Litigation Litigating 20

SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Share This article was updated on June 23 at 2:19 p.m.

Immigration 103

Immigration Court Rules Court Depose 103

SCOTUSBlog

APRIL 19, 2024

Louisiana that the Sixth Amendment (as incorporated against the states by the 14th Amendment) guarantees criminal defendants the right to a unanimous jury, it meant a unanimous 12-person jury — not a six-person jury, which is all that Florida affords some felony defendants. Next up is Lackey v. Our last new relist is Bouarfa v. Bouarfa sued.

Felony 143

Felony Immigration Court Statute 143

SCOTUSBlog

JULY 7, 2022

Kirk is director of the Center for Law & the Human Person at the Columbus School of Law at the Catholic University of America. The statute at issue in Dobbs did not deal with a prohibition on medical care in such circumstances. Share This article is part of a symposium on the court’s decision in Dobbs v. Elizabeth R.

Statute 145

Statute Laws Legal Legal 145

JURIST

JANUARY 31, 2025

The US Court of Appeals for the Fifth Circuit ruled Thursday that a federal statute requiring people to be 21 to purchase handguns from Federal Firearms Licensees (FFLs) conflicts with previous Supreme Court decisions and the Second Amendment. The court also relied on Rahimi and Bruen to support their opinion.

Statute 208

Statute Laws Court Court Decisions 208

Constitutional Law Reporter

SEPTEMBER 16, 2024

Louisiana , the U.S. The statute tasks the Department of Education with “issuing rules, regulations, or orders of general applicability” to “effectuate” Title IX’s antidiscrimination mandate. District Courts in Louisiana and Kentucky agreed with the plaintiffs and preliminarily enjoined enforcement of the rule in the plaintiff States.

Education 52

Education Government Court Constitutional Law 52

SCOTUSBlog

MAY 31, 2024

Amant, Louisiana. But the Louisiana Supreme Court reversed, saying that he could win relief only by showing the juror’s “actual bias, either by express admission or proof of specific facts showing” a sufficiently close to the case that “bias must be presumed.” That is the majority rule among the federal courts of appeals.

Court 86

Court Felony Government Laws 86

JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The lawsuit challenged the Texas law, which was set to go into effect Sept. I do view this law as containing unconstitutional elements.

Laws 38

Laws Entertainment Statute Court 38

The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. Below is an updating guide to states with now-active legislation or trigger laws banning or criminalizing abortion. Law : Alabama HB314 2019. Washington Gov.

Felony 59

Felony Statute Laws Court Decisions 59