Patently O

MARCH 16, 2024

The statute reads, in relevant part: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. Maryland , 378 U.S. ” 42 U.S.C. Quoting Griffin v. 130 (1964).

Government 64

Government Court Statute Cause of Action 64

FDA Law Blog

JUNE 16, 2023

Importantly, “price increase” is not defined in this statute. The ambiguity in this critical term makes it impossible for manufacturers to know how much they can increase prices without incurring severe penalties, and leaves the law vulnerable to legal challenge for unconstitutional vagueness.

Manufacturing 45

Manufacturing Calendaring Healthcare Statute 45

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

Court 59

Court Government Litigating Litigation 59

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” A debtor would beg to differ.”). Supreme Court determined was preempted in Hughes v.

Court 40

Court Litigating Litigation Attorney 40

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 98

Statute Stare Decisis Court Drafting 98

SCOTUSBlog

NOVEMBER 15, 2023

The legal dispute concerns the extra contract support costs that the tribes use to administer health programs. The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Maryland and Napue v. And in 2023, a divided panel of the U.S.

Healthcare 112

Healthcare Contract Court Government 112

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 100

Construction Statute Felony Court 100

SCOTUSBlog

NOVEMBER 2, 2022

The government argues that although enablement inquiry requires some factual findings, it also includes questions of law, and the Federal Circuit properly set aside a jury verdict favoring Amgen on legal grounds. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc. 14 and Oct. 28 conferences).

Government 110

Government Construction Court Statute 110

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.” Laufer decries “Acheson’s villainization of Title III testers” as “both factually wrong and legally irrelevant.”

Court 114

Court Litigation Litigating Attorney 114

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.

Statute 197

Statute Court Legal Legal 197

JonathanTurley

OCTOBER 31, 2021

However, there are still some notable additions that raise more legal frights. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. Maryland v. Not only do people enter with full knowledge but there is no charge.

Tort 49

Tort Litigating Litigation Construction 49

JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. Maryland v. Janik (2009). 32; 285 S.W. 455 (1926).

Tort 47

Tort Litigating Litigation Construction 47

JonathanTurley

MAY 11, 2024

The state statute under § 6.87(2) The statute first sets forth in two sentences what the voter must certify on the ballot envelope. In the court’s opinion , Judge Peterson expresses disbelief at the lunacy of the Elias argument, writing: “Normally, the court would begin by searching for other textual clues in the statute.

Law Firm 66

Law Firm Law Firms Laws Statute 66

The Crime Report

DECEMBER 15, 2022

Organizers across the state facing similar pushback also say they would prefer the Texas Legislature to pass laws that would decriminalize or even legalize marijuana — though they acknowledge how unlikely that is given the state’s conservative power structure. “We have legalized recreational marijuana. A town-by-town fight.

Legal 98

Legal Legal Attorney Laws 98

The Crime Report

MAY 4, 2022

Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes.

Court 128

Court Court Reporting Court Reporter Felony 128

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. It then concluded with respect to the Hymes/Harwayne-Gidansky suit that the Dodd-Frank language quoted above simply codified the pre-existing legal standard and held their claims preempted. Maryland and Napue v. Nelson ,…517 U.S. relisted after the Sept.

Laws 95

Laws Personal Injury Court Tort 95

The Crime Report

JULY 7, 2021

This essay explores what “defund the police” means to leading criminologists, community organizers and legal scholars. Hitchens, the University of Maryland criminologist, thinks spillover is likely when police flood a neighborhood experiencing high crime. This is a legal process. Berkeley, Ca., The National Conversation.

Education 116

Education Laws Government Legal 116

JonathanTurley

DECEMBER 1, 2020

” It is a term that we have previously discussed because of efforts to ban its use despite being a common reference to the status of individuals in statutes, policies, and cases, including the Trump policy at issue in this case. That’s the legal question.” They also used “undocumented” as a term.

Court 39

Court Immigration Statute Legal 39

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. In an unpublished decision, the D.C.

Court 40

Court Attorney Technology Assisted Review Legal 40

SCOTUSBlog

JANUARY 11, 2023

Under the False Claims Act, a defendant is liable for submitting a false claim to the government for payment if it acts “knowingly,” which the statute defines as acting with actual knowledge, deliberate ignorance, or reckless disregard. That is because, as the U.S. relisted after the Jan. 6 conference). Younger , 22-210. 6 conference).

Government 106

Government Court Legal Legal 106

SCOTUSBlog

JANUARY 26, 2022

Kruger left the solicitor general’s office in 2013 to serve as a deputy assistant attorney general in another section of the Department of Justice: the Office of Legal Counsel, which (among other things) provides legal advice to the president and other agencies within the executive branch. Supreme Court’s 2013 decision in Maryland v.

Court 108

Court Laws Lawyer Lawyers 108

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 108

Laws Stare Decisis Court Statute 108

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

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan. C071785 (Cal.

Court 40

Court Statute Government Tort 40

JonathanTurley

OCTOBER 30, 2023

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. Maryland v. Janik (2009) Sgt. Trimble ␣ 315 Mo.

Tort 58

Tort Litigating Litigation Construction 58

SCOTUSBlog

JANUARY 16, 2025

But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. Two years ago, when the Supreme Court denied review on a petition questioning the legality of that practice, Justices Neil Gorsuch and Sonia Sotomayor dissented.

Tort 108

Tort Statute Court Laws 108

SCOTUSBlog

DECEMBER 31, 2024

Robertss 2023 report discussed the legal profession and the role of artificial intelligence. A California man, Nicholas Roske, is scheduled to stand trial in Maryland next year on charges that he attempted to assassinate Justice Brett Kavanaugh in 2022.

Court 124

Court Statute Government Court Decisions 124

The Crime Report

AUGUST 9, 2023

Meanwhile, states like New York , Illinois , Nevada , and California have extended their statute of limitations on a wide range of sex crimes that expand the window for survivors to take legal action against their attackers and receive justice. That problem also extends to the statute of limitations for sex offenders.

Statute 98

Statute Healthcare Criminal Law Court 98

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. 19-1189 (U.S.

Court 45

Court Statute Government Litigating 45

Above The Law

MARCH 26, 2025

Biden) What its about: Talbott involves a legal challenge to President Donald Trumps Executive Order 14183, which banned transgender individuals from serving in the U.S. Maryland v. This case highlights the ongoing legal battles over LGBTQ+ rights and the limits of executive authority in shaping healthcare policy. Abelson (D.

Court 71

Court Small Business Education Government 71

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos. EPA’s response to the petitions is due on August 5, 2021. 20-1778 (U.S.

Court 49

Court Litigating Litigation Statute 49

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. Circuit in 2016 signaled that the legal framework for the Clean Power Plan “hinges on important issues of federal that EPA then—and the court below now—got so wrong this Court was likely to grant review.” City of New York v.

Court 40

Court Government Construction Litigating 40

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Maryland Appellate Court Allowed Redaction of Attorney General’s Application to Participate in Special Assistant AG Program.

Court 122

Court Statute Litigating Litigation 122

ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act.

Court 40

Court Litigating Litigation Government 40

SCOTUSBlog

SEPTEMBER 6, 2021

In each of these cases, the Supreme Court’s intervention overturned a lower-court disposition on a contested legal question. The legal rule forming the basis for the Supreme Court’s intervention was anything but settled. At the very least, Higgs raised a novel question about how the statute should apply in such a case.

Litigation 133

Litigation Litigating Statute Government 133

SCOTUSBlog

JANUARY 21, 2021

Maryland , 20-101. Issues : (1) Whether a writ of mandamus is appropriate because, contrary to the holding of the U.S. relisted after the Jan. 15 conferences). relisted after the Jan. 15 conferences). Scarnati v. Pennsylvania Democratic Party , 20-574. relisted after the Jan. 15 conferences).

Court 104

Court Immigration Statute Law Firm 104