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Justices to hear procedural question in Maryland prison-assault case

SCOTUSBlog

Share Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. In the district court, Dupree argued that Younger’s suit could not go forward because he had not pursued all remedies, including internal grievance remedies at the prison, as required by the Prison Litigation Reform Act of 1995.

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Case preview: Justices to consider procedural issue in major climate-change lawsuit

SCOTUSBlog

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. Under federal law, cases filed in state court can be transferred – the technical term is “removed” – to federal court if they meet one of several criteria. Arguments of the oil companies.

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More Venue and Corporate Games: This time with ANDA filing

Patently O

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. The FDA is headquartered in Maryland, and that was the office that received the ANDA documents. and probably also in Maryland, but not in N.J. Celgene Corp. Mylan Pharma ( Fed.

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Court revives federal appeal for oil and gas companies in climate-change case

SCOTUSBlog

The city filed its case in a Maryland state court. That is precisely what Chevron did in this case: It transferred the suit to a federal court in Maryland – a procedure known as “removal.” The 4th Circuit ruled that it could review only whether removal was appropriate under the federal officer statute – which, it concluded, it was not.

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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

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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State “Climate Superfund” Bills: What You Need to Know

ClimateChange-ClimateLaw

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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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. Maryland v. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct. If they are found 51 percent at fault, they are barred entirely from recovery. Janik (2009).

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