LettersBlogatory

SEPTEMBER 1, 2021

The Boston Public Health Commission was created by statute, Chapter 147 of the Acts of 1995. The statute gives the BPHC the power make public health rules and regulations, but only consistent with other state law. But leaving aside questions about the wisdom of the new moratorium, I am concerned that it might simply be unlawful.

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Statute Laws Court Legal 52

SCOTUSBlog

JANUARY 19, 2022

Other courts consider new factual or legal developments, such as new case law, intervening changes to the Federal Sentencing Guidelines, or evidence of the prisoner’s rehabilitation. Some courts look solely at the revised statutory penalties for crack cocaine to decide whether a new sentence is warranted.

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Laws Court Government Statute 104

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

While the preemption claim rang hollow to observers from the start, the idea that the ambitious climate laws passed in states like New York, Massachusetts, Minnesota, and California could limit local authority on climate was troublesome. Three legal concepts are at play here. The court quickly dispenses with the plaintiffs’ argument.

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Laws Court Government Construction 135

FDA Law Blog

MARCH 12, 2024

Kaleo also delisted, but not without noting that “the decision to list each of these patents was proper, consistent, and required by the applicable statutes, regulations, and FDA’s guidance available at the time of listing.” FTC’s and Congress’s activities seem to have triggered litigation.

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FDA Law Blog

AUGUST 8, 2024

Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations. Other states variously control marijuana as a schedule III (Minnesota), schedule VI (Arkansas, Massachusetts, North Carolina and Tennessee), schedule VIA (Alaska), or schedule Z (Maine).

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Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. Newsom previously asked the U.S. To great acclaim, Rachael Rollins, then the U.S.

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Laws Misdemeanor Attorney Felony 51

At the Lectern

JULY 27, 2023

The court granted review in two cases alleging that failures to adequately disclose hospital emergency room “Evaluation and Management Services” fees violated the state’s Consumers Legal Remedies Act and Unfair Competition Law. In an unpublished opinion , the Sixth District Court of Appeal in Capito v. In In re Ja.O. , COVID insurance.

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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.”).

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The Crime Report

AUGUST 5, 2022

Despite 48 states outlawing it, and the House voting unanimously to do the same, the Massachusetts Senate adjourned its final formal session this week without taking a vote on a measure that would make the sharing of nonconsensual pornography illegal in the state, reports the Boston Globe.

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Statute Legal Legal Court 122

SCOTUSBlog

JULY 21, 2021

Like the last meeting , various legal experts testified and answered questions from commissioners in a series of panels spread throughout the day. He said the political climate is ripe for various judicial reforms – including term limits, which his organization believes can be implemented by statute without running afoul of the Constitution.

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Court Statute Law School Constitutional Law 111

SCOTUSBlog

OCTOBER 30, 2021

New York finds solace in the Statute of Northampton (1328), which forbade any person to “bring no force in affray of the peace, nor to go nor ride armed” in certain places. Sir John Knight (1686) read the statute to prohibit “going or riding armed in affray of peace,” i.e., in a manner “to terrify the King’s subjects.”

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Court Statute Drafting Laws 106

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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Construction Statute Felony Court 100

SCOTUSBlog

MARCH 2, 2022

That brings us to what I think is a likely future grant — and here, I’m speaking of the legal issue rather this particular case (although even this particular case is worth watching closely). Issue : Whether the statute of limitations for a 42 U.S.C. Gordon College v. Commissioner of Internal Revenue , 21-379. 10 and Jan.

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Court Statute Education Lawyers 90

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. 1500 Massachusetts Avenue. Taunton High School. __. Tauton High School District.

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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. 1500 Massachusetts Avenue. Tauton High School District.

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Tort Litigating Litigation Construction 47

SCOTUSBlog

OCTOBER 10, 2024

Judge Julius Richardson concurred in the judgment, asking the Supreme Court to clarify the legal tests governing the inquiry. Gordon argues that this improper use of hearsay is rampant in Massachusetts courts. Davis seeks review of that ruling. In Gordon v. 3583(e) , cross-references some, but not all, subprovisions of 18 U.S.C.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

APRIL 23, 2021

Environmental Protection Agency to regulate greenhouse gases, and that this authority may prove central to addressing climate change under the statute. This language is nearly identical to that of Clean Air Act Section 202(a), which the Supreme Court held in Massachusetts v. Alternatively, the U.S. A summary is available here.)

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SCOTUSBlog

MAY 22, 2025

The breadth of the compassionate release statute Two cases involve the scope of judicial discretion under the co-called compassionate release statute, 18 U.S.C. It remains to be seen whether the justices will conclude that the Guidelines amendments moot this dispute, or whether the statute permits broader relief.

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Court Statute Laws Government 69

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. Massachusetts Court Upheld State Approval of Coastal Landfill’s Expansion. National Review, Inc. ,

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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.

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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.

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Court Felony Laws Legal 52

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. 1500 Massachusetts Avenue. Trimble ␣ 315 Mo.

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Tort Litigating Litigation Construction 58

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. The states appealed the dismissal of the case.

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Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

MARCH 30, 2020

Illinois has suspended the legal requirement that members of a public body must be physically present to assemble, as well as restrictions on remote participation. Massachusetts has lifted its open meetings law’s mandate that public entities meet in a public place, so long as alternative means of public access are provided.

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Laws Government Statute Technology 52

ClimateChange-ClimateLaw

MARCH 13, 2023

Following the 2007 landmark Supreme Court case Massachusetts v. B. Massachusetts v. The petitioners, joined by intervenor States and local governments, appealed this determination, and in Massachusetts v. These emissions standards were significantly loosened in the last year of the Trump Administration. EPA , 549 U.S.

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Manufacturing Government Court Administrative Law 59

Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Additionally, cases that reversed lower court decisions or set new legal precedents were considered more significant.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. In 2019, Ontario Court Dismissed Case Challenging Undoing of Cap and Trade Program.

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Cause of Action Court Government Litigation 96

JURIST

MAY 6, 2025

The US Court of Appeals for the First Circuit on Monday rejected President Donald Trump’s attempt to revoke the temporary legal status of hundreds of thousands of Ukrainians, Cubans, Haitians, Nicaraguans, and Venezuelans living in the US.

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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. Renewable Fuels Association v.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Friends of the Headwaters v.

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Court Government Technology Assisted Review Litigation 52

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.” Massachusetts High Court Upheld Transmission Line Approval. In re Hawaiian Electric Co. , SCOT-20-0000309 (Haw.

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Court Statute Litigation Litigating 49

SCOTUSBlog

JUNE 28, 2021

In Alito’s view, the 8th Circuit “applied the correct legal standard and made a judgment call on a sensitive question.” corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. Alito dissented, in an opinion that was joined by Thomas and Justice Neil Gorsuch.

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ClimateChange-ClimateLaw

JANUARY 24, 2025

With all of this uncertainty, local government and CBO grantees should for now be sure to comply with the terms of their grant agreements to avoid legal footfaults that could allow an agency to hold back future tranches of funding. Pursuant to the text of Clean Air Act Section 202 , along with a 2007 case entitled Massachusetts v.

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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. This case highlights the ongoing tension between state immigration laws and federal preemption, as well as the judiciarys role in navigating these complex legal issues.

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JonathanTurley

MAY 12, 2022

92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. Many Democrats also supported sweeping bans on protests near abortion clinics, like a law in Massachusetts that was struck down unanimously in McCullen v. In Vegelahn v. Coakley in 2014.

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