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Justices to review novel bankruptcy maneuver in public harms litigation

SCOTUSBlog

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle.

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Former Justice Breyer Speaks At Harvard Panel On Legal Interpretation

Above The Law

(Photo by Bill O’Leary/The Washington Post via Getty Images) One of the quickest lessons you pick up in law school is that the path to knowing the law doesn’t end at finding a line in the Constitution or a statute and reading it aloud to anyone who would hear it. Court of Appeals for the Eleventh Circuit, Alana C.

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A prisoner’s bid to develop new evidence rests on a 233-year-old statute about judicial writs

SCOTUSBlog

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e.,

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While FDA Suffers Staffing Cuts, Nondelegation Case in SCOTUS Is Latest Legal Challenge to Curb Agency Powers

FDA Law Blog

Ohio , and Corner Post have fundamentally altered the scope of agency authority. Supreme Court heard oral arguments in a combined case that may add a fifth decision to the starting lineup of how we discuss agency limitsor, at least, litigation about agency limitsgoing forward. Last week, the U.S.

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Divided court rejects death-row prisoner’s attempt to gather neurological evidence

SCOTUSBlog

In this case, a federal district court relied on the All Writs Act to order Ohio prison warden Tim Shoop to transport state death-row prisoner Raymond Twyford to a medical facility for neuroimaging. Justice Stephen Breyer wrote a dissent that was joined by Justices Sonia Sotomayor and Elena Kagan.

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If it ain’t broke, don’t fix it? Justices consider whether to alter the National Guard collective-bargaining landscape

SCOTUSBlog

Share From the beginning of Monday’s oral argument in Ohio Adjutant General’s Department v. Federal Labor Relations Authority , it was crystal clear that Ohio Solicitor General Benjamin Flowers would focus like a laser beam on the claim that the FLRA has no statutory authority to issue orders against state agencies. Kagan asked.

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Justices will assess federal labor protections for National Guard technicians

SCOTUSBlog

Share Ohio Adjutant General’s Department v. Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard. The union filed another unfair-labor-practice charge with the FLRA in April 2017.

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