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The Oklahoma Supreme Court reversed Tuesday a $465 million verdict against Johnson & Johnson (J&J) for public nuisance through its prescription opioid marketing campaign in the state. The Court applies the nuisance statutes to unlawful conduct that annoys, injures, or endangers the comfort, repose, health, or safety of others.
Share At the last Supreme Court oral argument of Justice Stephen Breyer’s career, the court stepped into a dispute over the state of Oklahoma’s criminal jurisdiction authority in Indian country. Oklahoma v. Oklahoma , which reaffirmed that the reservation of the Muscogee (Creek) Nation within Oklahoma remains “Indian country.”
Custodia Legis, the Law Librarians of Congress , offers webinars on legal research issues as part of its Orientation of Law Library Collections. For those interested in Oklahoma law, the Orientation to the Law Library Collections will be presented by the Oklahoma State Law Library staff.
Denezpi’s legal team appealed on double-jeopardy grounds and then appealed the denial, where the 9th Circuit denied him. Justices heard arguments in Oklahoma v. Castro-Huerta in April, a case which will relitigate the State of Oklahoma’s ability to prosecute crimes involving Native Americans in Indian country.
By statute, one factor that can support a continuance for the “ends of justice” occurs when “the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible.” City of Edmond, Oklahoma v. In his petition , Gottesfeld maintains that the circuits are split on this question.
Most of the rhetoric and activity has occurred in the first two categories in the US, so we focus there, in an effort to differentiate political narratives from legal reality. There are several statutes that form the basis of our antitrust laws. And what are the permissible boundaries of that behavior?
landlords and advertisers) that their support could “expose them to FCC enforcement or other legal actions.” I had the privilege of interviewing FCC Commissioner Michael O’Rielly at the Oklahoma Association of Broadcasters convention the week before last. What is the reality of this actually happening?
A group of civil rights organizations filed suit on Tuesday challenging Oklahoma HB 1775 , which prevents public schools from requiring students to learn about critical race theory and gender discrimination. ” It prohibits implying that students of any race should feel shame for the actions of their ancestors. .”
The Oklahoma Supreme Court Wednesday struck down two abortion bans as unconstitutional, but abortion remains illegal in the state. ” Because both statutes require a “medical emergency” for a physician to legally perform an abortion, the court found them unconstitutional.
Share On Thursday, the Supreme Court held that a federal prisoner cannot raise a claim of legal innocence if he has already challenged his conviction – even if that claim was unavailable at the time he filed his challenge. Fast forward to 1996: In the wake of the Oklahoma City bombing, Congress passed AEDPA.
The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases.
that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. Even though Abitron largely made sales in Europe, Hetronic sued on its home turf, the Western District of Oklahoma.
One clinic in Oklahoma said “the numbers of calls it received from Texans increased from approximately three to five calls per day to between fifty and fifty-five.” ” The post DOJ files suit challenging Texas six-week abortion ban appeared first on JURIST - News - Legal News & Commentary.
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. Is the tribe entitled to only enough to cover the IHS-funded activities?
In a statement, the Arizona Department of Corrections, Rehabilitation and Reentry said it was “prepared to perform its legal obligation and commence the execution process as part of the legally imposed sentence, regardless of method selected.” In Arizona, where 115 inmates are on death row, hydrogen cyanide has been deployed before.
The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. A jury in Oklahoma City awarded Hetronic more than $90 million. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple.
Furthermore, the Texas Legislature has the constitutional authority to regulate medical practice, and parents can choose only among legal medical procedures. The Supreme Court said last week that it will review the legality of state efforts to ban gender-affirming medical care for minors.
The Mississippi Women’s Bill of Rights reflects a broader trend among Republican-controlled legislatures in the US to address and restrict the legal acknowledgement of transgender and gender-nonconforming individuals through limited definitions of sex and gender.
The state of Oklahoma put James Coddington to death on Aug. It marks the beginning of a busy period at the Oklahoma State Penitentiary’s execution chamber. Photo courtesy Oklahoma Dept. Today, fewer jurisdictions are using the death penalty, but some – like Oklahoma – seem to be doubling down. James Coddingon.
After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Hetronic International, Inc. involves the international reach of the Lanham Act, which provides civil remedies for infringement of U.S. trademarks. 14 and Oct. 28 conferences).
Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. But the outcome could also have longer-term consequences for how, and from whom, Alaskan Natives receive essential services. First, some background. Just as, in McGirt v.
Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.
At issue in Oklahoma v. Judge Julius Richardson concurred in the judgment, asking the Supreme Court to clarify the legal tests governing the inquiry. Brenda Evers Andrew was convicted in Oklahoma state court of conspiring with her boyfriend, James Pavatt, to murder her estranged husband, Robert Andrew. New Relists Oklahoma v.
Its legal proceedings take place out of public view, under seal, with a low standard of evidence and often a court-appointed attorney for the fetus — but none for the person gestating it. Today, 44 states and the District of Columbia have laws aiming to protect fetal development from drugs or alcohol. Case starts with visit to doctor.
Facebook now petitions for review , supported by “friend of the court” briefs from law professors and former Securities and Exchange Commission officials , by the Chamber of Commerce and other industry groups , and by the Washington Legal Foundation. Oklahoma ,” which is now being briefed for argument in the fall. Kentucky ex rel.
Wade, o pponents of abortion are pushing for stricter bans at state levels—even criminalizing women who travel outside their states where abortion remains legal. 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. South Dakota.
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. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v.
If that language continues to be upheld on appeal, the SIFMA decisions foreshadows the strength of ERISA’s protections for fiduciary autonomy in making sound investment decisions, so long as plan fiduciaries are steadfast in their commitment to their legally mandated duties.
Already, Dobbs has produced legal instability and increased the risk of avoidable harms to both individual and public health. People from states with restrictive regimes, like Oklahoma , already are traveling to states that protect access. Hellerstedt. Some states, like California, pay for low-income patients’ care.
Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia.
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. Relisted after the Jan. 10 conference.)
CNN noted that prominent legal figures like Leonard Leo of the Federalist Society have argued that the criticism is an overreaction to a procedural ruling, not a substantive one. Despite this backlash, some conservatives have come to Barretts defense. Jackson Womens Health Organization , which overturned Roe v.
Intratek Computer , the government will weigh in on the effect of a federal whistleblower statute on an arbitration agreement between an employer and its employee. Farell , a class-action lawsuit involving the legality of a $35 overdraft fee charged by Bank of America. In Robertson v. Personalweb Technologies v. million in fees.
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