SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien).

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The Crime Report

JULY 29, 2021

Hate crime laws in the U.S. A comprehensive national review of hate crime laws by MAP shows gaps and variances in laws after a year-long focus on COVID-era hate violence directed at Asian Americans and Asian immigrants. In at least 13 states, law enforcement recorded hate crimes listed Black offenders at a rate roughly 1.6

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SCOTUSBlog

MAY 27, 2022

Issue : Whether state-law claims that allegedly conflict with federally filed tariffs involve a substantial federal question; or whether the filed-rate doctrine merely operates as a federal preemption defense that, under the well-pleaded-complaint rule, does not confer arising-under jurisdiction. In Blankenship v. PJM Interconnection, LLC.

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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.

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FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

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JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. The timing of the letter, however, is particularly interesting and may reflect a recognition of the limits of the federal law.

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SCOTUSBlog

SEPTEMBER 29, 2023

The court’s October argument session will feature six arguments over five days, on topics ranging from federal sentencing laws to voting rights. United States , a case involving federal sentencing laws that – at least according to the defendant – turns on whether the word “and” in the federal law at issue means “and” or instead “or.”

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SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce. Mansfield v.

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Gravel2Gavel

MAY 27, 2021

This is a brief account of some of the important environmental and administrative law cases recently decided. The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court?

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ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure.

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The Crime Report

MAY 12, 2022

Glenn Youngkin and Maryland Gov. Larry Hogan, both Republicans, are demanding that Attorney General Merrick Garland enforce a federal law that forbids demonstrations intended to sway judges on pending cases, reports the Washington Post. Separately, a Virginia law prohibits demonstrations of any kind at or near private residences.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM Interconnection had identified grid congestion across the Pennsylvania-Maryland border and concluded that such congestion had led to approximately $800 million in costs from 2012 to 2016. The Supremacy Clause serves to “ invalidate[] state law that interferes with or is contrary to federal law.”

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Broadcast Law Blog

MAY 15, 2012

Under Federal Election law, an "electioneering communication" is a broadcast, cable or satellite communication that refers to a clearly identified candidate for federal office within 30 days of a primary or 60 days of an election , targeted to 50,000 or more people in the state or district the candidate seeks to represent.

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Patently O

MARCH 16, 2024

I’ve been following the case as part of my work on internet and media law issues. Section 1983, which was originally enacted as part of the Civil Rights Act of 1871, provides a cause of action against any person who, acting under color of state law, deprives someone of their federal constitutional or statutory rights. 922 (1982).

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FDA Law Blog

JUNE 16, 2023

Prohibition on Excessive Price Increases The law prohibits manufacturers from imposing or causing to be imposed an “excessive price increase,” whether directly or through a wholesale distributor, pharmacy, or similar intermediary, on the sale of any generic or off-patent drug sold or dispensed to any consumer in the state.

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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.

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SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. But the U.S.

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S.

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SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” Maryland and Napue v. In Cargill , the en banc U.S. ” (relisted after the Sept. 13 and Oct 27 conferences) Tingley v. relisted after the Sept.

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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.”

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SCOTUSBlog

MARCH 6, 2025

committed his offense of conviction in 1995, when federal law required payment of restitution for 20 years after entry of judgment. The question is how such laws should be considered when state-law disputes are brought in federal court under diversity of citizenship jurisdiction because the dispute involves citizens of different states.

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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.

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SCOTUSBlog

NOVEMBER 15, 2023

Separately, federal law also permits tribes to negotiate their contracts with the IHS to allow the tribe to bill its members’ insurance (whether private insurance, federal Medicare or Medicaid, workers’ compensation, or some other kind) for the services provided. And in 2023, a divided panel of the U.S. United States , Thomas v. 3 and Nov.

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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.

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The Crime Report

AUGUST 31, 2021

In addition to civil claims that arguably define trafficking beyond its logical limits, similar lawsuits are increasingly being filed against third-party businesses and individuals who unwittingly encounter bad actors on their platform or premises, regardless of whether they alert law enforcement as soon as this clandestine crime is identified.

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The Crime Report

DECEMBER 19, 2023

In April, the Maryland legislature passed a landmark law called the Child Victims Act, which repealed the statute of limitations and permits survivors of child abuse to file civil lawsuits at any time. The law took effect on Oct. The deadline is a compromise between the Feb.

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SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S.

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JonathanTurley

DECEMBER 21, 2020

Brandon Hasbrouck is an assistant professor at Washington and Lee University School of Law, has written an article in The Nation calling for a new form of reparations based on voting. This proposal would decouple voting rights from cases and statutes designed to protect the equality of voting. Maryland, 4 Wheat. t is ours, too.

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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. 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. relisted after the Oct. 28 conference).

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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.,

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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. Maryland must establish that they were more likely than not prejudiced by the government’s suppression of favorable evidence; and (2) whether the judgment of the U.S.

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SCOTUSBlog

OCTOBER 3, 2023

Even if she never intended to stay at the hotel, the court of appeals concluded, “she was still injured in precisely the way the statute was designed to protect.” What Laufer is really trying to do is “enforce the law on behalf of other disabled persons,” Acheson tells the justices, but that is “the job of the Executive Branch, not Laufer.”

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At the Lectern

APRIL 29, 2021

where the Second District, Division Five, Court of Appeal, in a published opinion , affirmed almost $170,000 in attorneys fees after a jury awarded less than $22,000 for a violation of the Song-Beverly Consumer Warranty Act (commonly known as the “lemon law”) in the sale of a used car. Maryland (1963) 373 U.S.

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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. record requested Oct. 24 and Mar.

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FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

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JURIST

JULY 15, 2021

A Baltimore City judge issued a preliminary injunction on Tuesday to prevent Maryland Governor Larry Hogan from terminating federal unemployment assistance for over 300,000 Maryland residents. Walsh that as of July 3, 2021, Maryland would terminate its participation in the federal unemployment program.

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JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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