Above The Law

DECEMBER 27, 2021

1, you're gonna have to opt-in for your plasticware in Washington. [ Ohio making it legal to serve alcohol at 18. A mob of one: Federal prosecutors are getting crafty with their statute application. [ This makes a lot more sense than if Ja Rule were consulted. [ Do you want a fork with that shake? Starting Jan.

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Above The Law

MAY 26, 2023

Washington Post ] * Judge loses defamation suit over being linked to QAnon. Courthouse News Service ] * The Pacific Legal Foundation had themselves a DAY yesterday. Law360 ] * Of the previous 100 anti-LGBTQ+ statutes passed, half of them were this year. * Ken Paxton on the verge of impeachment. of papers outside his office.

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JURIST

FEBRUARY 4, 2021

After negotiations with the German government failed, the heirs filed a suit in the federal district court in Washington, DC, asserting several common law property claims and seeking $250 million in compensation. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.

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FDA Law Blog

JANUARY 28, 2024

Gonzalez — In a new publication in the Washington Legal Foundation’s (WLF) Legal Backgrounder , we argue that FDA’s recent proposed rule regulating Laboratory Developed Tests (LDTs) is vulnerable to legal challenge, once finalized. By Jeffrey N. Gibbs & Steven J.

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FDA Law Blog

JUNE 6, 2022

As faithful readers of our blog know, FDA’s broad interpretations of its governing statute have not always fared that well in the courts. Circuit and the Eleventh Circuit Court of Appeals has limited the Agency’s discretion to interpret the statute as it sees fit. In each of three cases— Genus v. FDA , Catalyst Pharms., FDA —the D.C.

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The Crime Report

JUNE 2, 2021

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.”

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The Crime Report

JUNE 27, 2022

For the sake of civilian safety, police must intervene if they see misconduct by colleagues,, according to a forthcoming paper in the George Washington Law Review. Kaufman, who is also a Visiting Associate Professor of Law, Washington University in St. Such laws could take several forms.

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Patently O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. Three years later, Congress substantially rewrote the statute and, at that time changed the pronouns. 303, 308 (1980) (quoting 5 Writings of Thomas Jefferson 75–76 (Washington ed. LEGAL HIST. Gender Soc.

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SCOTUSBlog

NOVEMBER 29, 2021

Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.

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The Crime Report

JUNE 16, 2022

Still, the case illustrated the confusion surrounding application of the “initial aggressor” legal doctrine in U.S. jurisprudence, according to a forthcoming Legal Studies Research Paper published under the auspices of George Washington University Law School. The jury didn’t agree.

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LawSites

JULY 27, 2022

Two working groups in California have been studying potential reforms, with one examining creation of a regulatory sandbox program similar to Utah’s, and the other having recommended that specially trained paraprofessionals be allowed to provide limited legal services. Listening as the chief justice answers my question. .

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SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed. That’s all for this week.

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Stare Decisis Statute Court Government 100

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Animal Legal Defense Fund.

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SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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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

MAY 13, 2023

When the Fed filed a motion to dismiss the groups’ complaint, arguing that the statute of limitations had run because it had issued the rule 10 years ago, the groups amended their complaint to add the Corner Post, a truck stop in Watford City, North Dakota that first opened for business in 2018. Sauk-Suiattle Indian Tribe v.

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SCOTUSBlog

DECEMBER 10, 2021

Washington. In 2018, the Animal Legal Defense Fund – which, according to Kansas Gov. Animal Legal Defense Fund. Animal Legal Defense Fund. In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. The case is Kelly v.

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SCOTUSBlog

OCTOBER 4, 2024

In 2011, Thompson borrowed $110,000 from Washington Federal Bank for Savings, a small bank in Chicago’s Bridgeport neighborhood, where the Daley family made its name. Washington Federal Bank for Savings shut down in 2017 in the wake of an embezzlement scheme by the bank’s executives, and a few days after the bank’s president died by suicide.

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LawSites

AUGUST 15, 2023

The Seattle-based legal tech startup Clearbrief already uses artificial intelligence to strengthen your legal writing by finding the best evidence in the record to support your arguments (or debunk your opponent’s). That is why, said Schafer, it is important for users of the technology to “trust but verify.”

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ClimateChange-ClimateLaw

APRIL 18, 2023

But local governments operate under varying legal parameters, and the Ninth Circuit decision has different implications for different building electrification requirements depending on location, legal landscape, and policy approach. This post is not expressing a legal opinion on Ithaca’s code.) Clean Air Act, not EPCA.

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SCOTUSBlog

JUNE 8, 2023

Share Several police officers outside the Supreme Court building have donned masks as haze from Canadian wildfires has become more noticeable in Washington this morning. United States , which limits the scope of identity theft under a federal criminal statute. “I Justice Sonia Sotomayor is up next with the announcement in Dubin v.

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SCOTUSBlog

MAY 20, 2022

The court will hold the other case raising that question, Ham v. Breckon , pending the outcome in Jones. This week we have only one new relist: Thomas v.

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SCOTUSBlog

OCTOBER 12, 2023

4 in the challenge to the legality of the bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin. A Washington state couple contends that the tax, known as the “mandatory repatriation tax,” violates the 16th Amendment to the Constitution, which gives Congress the power to impose an income tax.

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SCOTUSBlog

JANUARY 13, 2024

City of Seattle, Washington 23-329 Issue : Whether Seattle’s restriction on private owners’ right to exclude potentially dangerous tenants from their property violates the 14th Amendment’s due process clause. based “legally significant act,” or that the U.S. effects were “legally significant” in addition to being direct.

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SCOTUSBlog

NOVEMBER 28, 2022

Representing Percoco, lawyer Yaakov Roth told the justices that when Percoco promoted the development he was a private citizen who did not receive a salary and “possessed no legal authority to bind the state or make decisions for it.” Gorsuch pushed back, telling Reeves that Washington, D.C., “is

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The Crime Report

JULY 19, 2021

Many jurisdictions have statutes that protect public records from being intentionally damaged. Chuck Wexler, the executive director of the Police Executive Research Forum, a Washington, D.C.-based Wexler, quoted in the Washington Post, asserts that officers usually aren’t lying when they report the details of a crime inaccurately.

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SCOTUSBlog

MARCH 3, 2025

Court of Appeals for the 9th Circuit disagreed, concluding that confirmation was inappropriate because Antrix lacked adequate contacts with the Western District of Washington, where Devas brought its suit. Im looking for a legal impediment to the course that Justice Kagan outlined, and Im not hearing one.

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SCOTUSBlog

APRIL 12, 2022

Issue : Whether the statute of limitations for a 42 U.S.C. relisted after the Jan. 25, March 4, March 18, March 25 and April 1 conferences). Goertz , 21-442. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S.

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SCOTUSBlog

APRIL 28, 2022

Castro-Huerta ’s legal issues are narrower than those in McGirt. As a result, most of eastern Oklahoma is now understood to be Indian country — a development that, according to the state, has disrupted the criminal justice system there.

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SCOTUSBlog

MARCH 30, 2022

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. Issue : Whether the statute of limitations for a 42 U.S.C.

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SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. To begin with, the statute requires that the lawsuit be retained under seal while the government investigates the allegations. The Supreme Court’s sprint to the end of the term continues.

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Conflict of Laws

NOVEMBER 22, 2023

Washington (1945) and the requirement of “minimum contacts.” China’s messaging to the international community is,” they note, “somewhat confusing: it opposes the US practice of ‘long-arm jurisdiction,’ yet it has decided to build its own legal system of extraterritoriality.” Supreme Court’s decision in International Shoe Co.

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Day on Torts

JULY 26, 2022

Plaintiffs next attempted to rely on a case from Washington to support the assertion that defendant’s distribution of the photos was outrageous. Without more, this activity cannot be deemed ‘outrageous’ in the legal sense. Rather, it is free expression. Click on the link to see the book’s Table of Contents.

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Broadcast Law Blog

DECEMBER 13, 2016

As David Oxenford has previously commented, even in states where marijuana has been legalized, broadcasters should be cautious about accepting advertising for marijuana or related paraphilia. Nevertheless and although it is nowhere stated in the statute, the PTO has determined that “use in commerce” means “legal use in commerce.”

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Washington (1945). It is cross-posted at Transnational Litigation Blog.

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The Fashion Law

OCTOBER 26, 2021

As the Washington Post reported last week, “Container ships are clogging ports, awaiting cargo or unable to get past the gridlock to unload their goods,” which range from toys and apparel and sneakers and electronics.

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LettersBlogatory

NOVEMBER 7, 2022

The most it could do, though, was allege that the Province had property in New York, and the statute is referring to the property that is the subject of the action. And very often the underlying claim didn’t have a strong connection with the United States in the first place.

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