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In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Last up: Looks like Oklahoma will have to update its environmental impact statement for its blizzard of petitions seeking to overrule the Supreme Court’s decision in McGirt v.
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.
Abbott involves a long-running series of multi-district litigation cases arising from du Pont’s government-permitted releases of chemicals from one of its plants; because the claims of harm from exposure were varied, the cases proceeded through multidistrict litigation rather than as part of a class action. relisted after the Sept.
Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act. 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.
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.
Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. relisted after the Sept. 13 and Oct 27 conferences) Glossip v. rescheduled before the Mar. 28, and May 11 conferences; relisted after the Sept.
The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Court of Appeals for the 9th Circuit held , in a case involving Arizona’s San Carlos Apache Indian Tribe, that the payments must also include services covered by insurance. relisted after the Sept.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. and non-U.S.
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.
Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Chevron deference? 26 and Oct.
Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request. Franklin v.
The Dobbs dissent rightly predicted that discovering what kind of abortion regulation is “legitimate” will lead to even more abortion litigation. People from states with restrictive regimes, like Oklahoma , already are traveling to states that protect access. Whether rational basis review will have “teeth” is a major open question.
The loss has already had ramifications in other cases, including in Oklahoma, where state pensioner Don Keenan sued the state over its boycott of financial institutions that allegedly discriminate against the oil and gas industry. In both the Missouri and Oklahoma cases, plaintiffs successfully challenged their state’s anti-ESG rules.
Finally, there is a lengthy list of particular models that fall within the scope of the statute, notably all “AK” weapons (modeled after the Russian AK-47) and all “AR” weapons (those modeled after the AR-15). Oklahoma , so at minimum, the court should hold his petition for resolution of that case. 22 caliber rimfire ammunition).
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. Regalado , a lawsuit filed on behalf of Thomas Pratt, who was in an Oklahoma jail when he told medical personnel that he was suffering from alcohol withdrawal.
While litigation proceeded over several years, the IRS began recovering Zuchs allegedly unpaid taxes by withholding her annual tax refunds. The court of appeals agreed with Zuch that, even if the IRS lifts the levy on her property, she will still have a right to demand her withheld refunds if she prevails in the litigation. Oklahoma v.
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