Patently O

NOVEMBER 8, 2021

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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Statute Manufacturing Court Decisions Court 95

SCOTUSBlog

MAY 17, 2021

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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Court Statute Litigating Litigation 74

SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may ultimately prove dispositive in BP v. Justice Stephen Breyer appeared unconvinced.

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Statute Court Government Laws 101

SCOTUSBlog

APRIL 25, 2025

Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting innocent sellers from liability. The district court agreed and dismissed Whole Foods with prejudice. Relisted after the Jan. 17 conferences.)

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Court Government Tort Laws 80

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

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Manufacturing Statute Court Decisions Court 59

SCOTUSBlog

MAY 27, 2022

Maryland , a defendant must show that he could not have obtained the suppressed, exculpatory evidence through his own independent efforts of “self-help” or “due diligence” as the U.S. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C. In Blankenship v. Blankenship v.

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Diligence Statute Government Misdemeanor 103

FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C. In affirming the District Court’s ruling, the D.C.

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Manufacturing Contract Statute Court 59

SCOTUSBlog

SEPTEMBER 17, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing two of his customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. Hansen appealed to the U.S. Court of Appeals for the 9th Circuit. In United States v. Mansfield v.

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Immigration Statute Government Tort 78

JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. Hogan: “I would respectfully request that you direct the Maryland State Police to enforce Maryland and Montgomery County laws that squarely prohibit picketing at the homes of Supreme Court Justices who reside in Maryland.”

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Court Laws Statute Constitutional Law 55

FDA Law Blog

APRIL 3, 2023

Kirschenbaum — On March 31, the Federal District Court for the District of Maryland upheld CMS’s definition of a “new formulation” under the Medicaid Drug Rebate Program (MDRP). Under the statute, a line extension is a ‘new formulation” that is not an abuse-deterrent formulation. Vanda Pharmaceuticals, Inc. MJM-22-977 (Dist.

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Court Manufacturing Statute 59

Gravel2Gavel

MAY 27, 2021

The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court? In this case, both the Maryland federal district court and the U.S. SUPREME COURT. BP PLC, et al.

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Statute Court Administrative Law Laws 45

ClimateChange-ClimateLaw

MARCH 14, 2024

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.

Statute 64

Statute Government Court Litigation 64

The Crime Report

MAY 12, 2022

Glenn Youngkin and Maryland Gov. However, although peaceful, the demonstrations appear to have been illegal, according to legal experts, citing a statute from 1950 that prohibits any demonstration “with the intent of influencing any judge.” Virginia Gov. Protesting the potential overturning of Roe v.

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Statute Legal Legal Attorney 40

The Crime Report

JULY 29, 2021

The report says that as a consequence of bias in the criminal justice system, the statutes meant to protect racial minorities and marginalized groups are less effective. Hate crime laws in the U.S. Advocates are quoted in the report claiming that existing laws can discourage hate crime victims from coming forward.

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Laws Immigration Statute Court 59

SCOTUSBlog

SEPTEMBER 29, 2023

One “friend of the court” brief filed in support of Pulsifer tells the justices that the lower court’s ruling “turns the statute on its head by foreclosing safety-valve relief for the vast majority of defendants to whom the statutory amendment might apply.”

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Court Statute Laws Litigation 145

FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). Because of concerns that these contract pharmacies, which include some of the largest chains in the U.S.,

Manufacturing 52

Manufacturing Contract Statute Court 52

FDA Law Blog

SEPTEMBER 30, 2022

Kirschenbaum — In November 2020, we blogged about a decision by the Federal District Court of Maryland dismissing a Federal False Claims Act (FCA) qui tam suit alleging that Forest Laboratories knowingly reported inflated best prices under the Medicaid Drug Rebate Program (MDRP), resulting in underpayment of rebates. Burr , 551 U.S.

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Court Decisions Statute Court Manufacturing 40

Broadcast Law Blog

MAY 15, 2012

By federal statute, sponsors of "electioneering communications" must disclose the names and addresses of each donor who contributed $1000 or more to the sponsoring organization. " Maryland Rep. This is is the provision that led to the US District Court decision at issue.

Statute 40

Statute Court Decisions Court Laws 40

FDA Law Blog

OCTOBER 12, 2022

For example, the Maryland standing order allows all Maryland licensed pharmacists to dispense naloxone, including any necessary sup??plies By statute, certain activities are automatically excluded from particular DSCSA requirements upon the declaration of a public health emergency under section 319 of the PHS Act.

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Healthcare Manufacturing Statute 52

ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM Interconnection had identified grid congestion across the Pennsylvania-Maryland border and concluded that such congestion had led to approximately $800 million in costs from 2012 to 2016. For instance, in its 2013 report on Policies for a Modern and Reliable U.S.

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Court Construction Laws Government 83

Patently O

MARCH 16, 2024

The statute reads, in relevant part: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. Maryland , 378 U.S. ” 42 U.S.C. Quoting Griffin v. 130 (1964).

Government 64

Government Court Statute Cause of Action 64

FDA Law Blog

JUNE 16, 2023

Importantly, “price increase” is not defined in this statute. We expect the Minnesota law to face Commerce Clause, vagueness, and possibly other constitutional challenges, similar to those brought against a generic price gouging prohibition in Maryland that was struck down by the Fourth Circuit in 2018 (see our post here ).

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SCOTUSBlog

APRIL 17, 2025

It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. Konan argues that the 5th Circuit is the lone court on the wrong side of a split in holding that the statute that prohibits conspiracy to violate civil rights, 42 U.S.C. But the U.S. Relisted after the Jan.

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Tort Court Litigating Litigation 102

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

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Court Government Litigation Litigating 59

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Supreme Court determined was preempted in Hughes v.

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Court Litigation Litigating Attorney 40

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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Statute Stare Decisis Court Drafting 98

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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Statute Construction Court Felony 143

SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” Maryland and Napue v. In Cargill , the en banc U.S.

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Court Contract Statute Government 117

SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C. 17 and Mar.

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Statute Court Administrative Law Government 130

SCOTUSBlog

NOVEMBER 15, 2023

The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Maryland ; and (2) whether suppressed impeachment evidence of the state’s key witness is per se non-material under Brady because that witness’ credibility had been otherwise impeached at trial.

Healthcare 115

Healthcare Contract Court Government 115

The Crime Report

AUGUST 31, 2021

Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. These cases gave way to more filings against Big Tech, namely Facebook, Twitter, Salesforce, and others. The remedy should be clear.

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Statute Tort Litigating Litigation 132

The Crime Report

DECEMBER 19, 2023

In April, the Maryland legislature passed a landmark law called the Child Victims Act, which repealed the statute of limitations and permits survivors of child abuse to file civil lawsuits at any time. The deadline is a compromise between the Feb. The law took effect on Oct.

Finance 40

Finance Statute Court Laws 40

The Crime Report

OCTOBER 3, 2023

Fifty sexual abuse survivors have opened a lawsuit against the Maryland government, alleging rampant sexual abuse of young people in six of the states juvenile justice facilities over five decades, Erin Cox and Steve Thompson report for the Washington Post.

Statute 40

Statute Lawyer Lawyers Government 40

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

Construction 101

Construction Statute Felony Court 101

SCOTUSBlog

MARCH 6, 2025

Brown , 24-203 Issue: Whether the Constitution permits Maryland to ban semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in America. In such cases, the rule is that federal courts apply state substantive law and federal procedural law. Relisted after the Jan. 21 and Feb. 28 conferences.)

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Court Attorney Laws Government 105

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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Government Construction Court Statute 113

SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc. 28 and Oct.

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Tort Construction Court Felony 111