SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). It is an appeal from one of the many cases pending before Judge Polster in the Northern District of Ohio as part of the National Prescription Opiate Litigation.

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Fordham Law News

MARCH 31, 2025

5] This is largely attributed to the stability of Delaware corporate law, the predictability of corporate litigation, and the expertise of the Court of Chancery. [6] 18] Another jurisdiction that seems to be entering the incorporation battleground is Ohio. 6] However, recent developments have begun to erode this stronghold.

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Patently O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. A challenger wouldn’t necessarily have to hurry to the courthouse.

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Paralegal Mentor

MAY 15, 2014

We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. Professor Mitchell’s litigation experience includes practicing before the U.S. Cooley Law School.

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Constitutional Law Reporter

MARCH 5, 2024

One of the most closely watched is Ohio v. Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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FDA Law Blog

OCTOBER 4, 2023

By Faraz Siddiqui — Last week, a federal court in Ohio denied a preliminary injunction motion by four Chambers of Commerce in their lawsuit against the Medicare Drug Price Negotiation Program. As such, that statute was unjust, confiscatory and violated their constitutional due process rights. Order at 22.

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Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. 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. Norfolk Southern Railway Co.

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Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property.

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SCOTUSBlog

APRIL 25, 2022

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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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 19, 2023

Share The Supreme Court has held that the Ohio National Guard’s dual-status technician employees have federal labor rights. The question before the court was whether the Federal Service Labor-Management Relations Statute applies to dual-status technicians working for the Guard. The Federal Labor Relations Authority and the U.S.

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SCOTUSBlog

NOVEMBER 8, 2022

The plaintiff in the case is Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. But if Mallory prevails, he warned, “every state could have a statute like this, which would mean… that every business” could be sued anywhere in the country that it does business.

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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. Returning Relists.

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SCOTUSBlog

JUNE 21, 2022

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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SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. Woodson , 960 F.3d 3d 852 (6th Cir.

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SCOTUSBlog

DECEMBER 8, 2021

1988), which invalidated under dormant commerce clause doctrine an Ohio law providing that the state’s statute of limitation would not run against corporations that were not present in the state and had not designated an agent for service of process. Midwesco Enterprises, Inc. relisted after the Dec. 3 conference). Luxshare, Ltd. ,

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JonathanTurley

OCTOBER 31, 2021

In Berea, Ohio, the promoters of the 7 Floors of Hell haunted house at the Cuyahoga County Fairgrounds appreciate realism but one employee took it a bit too far. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. 32; 285 S.W. 455 (1926). “A

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The sophomore from New Miami High School in Ohio died from a prior medical condition at the at Land of Illusion haunted house. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Kansas City Light & Power Company v. 32; 285 S.W. 455 (1926).

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SCOTUSBlog

APRIL 15, 2022

Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. In these specialized contexts, as in the statutes of old, employers are afforded the opportunity to rebut causation presumptions. But rebuttal is problematic. In Goodyear Atomic Corp.

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Conflict of Laws

FEBRUARY 29, 2024

Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework.

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Laws Court Divorce Tort 75

Constitutional Law Reporter

MARCH 17, 2025

Richards : The case centers on the Prison Litigation Reform Act (PLRA), which provides: No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.

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SCOTUSBlog

OCTOBER 4, 2024

Three courts of appeals have adopted a literal interpretation of the law, he said, “to criminalize only the making of statements that are false,” while four others (including the one in which he was convicted) “interpret the statute more broadly” to apply also to misleading statements.

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JonathanTurley

NOVEMBER 21, 2021

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 product-liability tort gives companies an incentive to minimize risks while empowering litigants to seek redress for injuries. Yet it leaves the matter far from resolved.

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JURIST

JULY 2, 2022

The Texas and Ohio Supreme Courts Friday denied motions by state abortion providers seeking relief from the states’ now-effective anti-abortion laws. Just hours after Roe was overturned , Ohio Attorney General Dave Yost received permission from a federal judge that the law could take effect.

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SquirePattonBoggs

JANUARY 26, 2022

Today, the Sixth Circuit will consider another governmental mandate–this one, a tax mandate–as it hears argument (by video) in a case that pits Ohio once more against the federal government. At the time of ARPA’s enactment, Ohio stood to receive $5.4 Ohio never made any secret about its intent to take the money. 802(c)(2)(A).

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JonathanTurley

JANUARY 19, 2022

Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. 1 (1990), an Ohio high school wrestling coach sued over an opinion column alleging that he had lied under oath at a public hearing, saying that it was tantamount to an allegation of perjury.

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JonathanTurley

OCTOBER 30, 2023

Here are some of the prior selectees: __ In Berea, Ohio, the promoters of the 7 Floors of Hell haunted house at the Cuyahoga County Fairgrounds appreciate realism but one employee took it a bit too far. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

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SCOTUSBlog

JANUARY 23, 2025

Court of Appeals for the 6th Circuit exceeded its powers under the Antiterrorism and Effective Death Penalty Act in concluding that every fairminded jurist would agree that the Ohio courts violated the Constitution in refusing to bar testimony from a victim of an attempted murder identifying her attacker. Relisted after the Jan. 10 and Jan.

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The Crime Report

JULY 7, 2021

In contrast to a redistributive funding framework, Ohio State University law professor Amna Akbar argues in a December 2020 California Law Review article that scholars need to take seriously activist calls for abolishing the police. A Model for Defunding: An Evidence-Based Statute for Behavioral Health Crisis Response.

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FDA Law Blog

NOVEMBER 3, 2024

The opinion cited a central holding from Loper Bright , that “courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.” Board of Governors of the Federal Reserve extended the statute of limitations for challenges to agency rules. Corner Post v.

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JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. The result is a horn of plenty for litigators.

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SCOTUSBlog

JANUARY 6, 2022

One set of challengers is a group of 27 states, led by Ohio, who argue that the mandate is “nothing more than a pretext for increasing the number of vaccinated Americans.” The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.

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SCOTUSBlog

JANUARY 16, 2025

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.

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JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”.

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Above The Law

APRIL 7, 2025

In another environmental case, Ohio v. Empire Health Foundation (2021) and Ohio v. Texas (2021) and Ohio v. It happened once so far this term in City and County of San Francisco v. EPA where Barrett dissented along with Justices Kagan, Sotomayor, and Jackson. EPA from OT 2023, the justices voting alignment was the same.

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Above The Law

MARCH 26, 2025

Plaintiffs, including transgender minors and advocacy organizations, argued that the orders violated the separation of powers, conflicted with existing statutes, and infringed on equal protection rights. The case has gone through multiple rounds of litigation, including a prior en banc decision by the Ninth Circuit, a remand from the U.S.

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