JURIST

AUGUST 18, 2021

Last month in a similar case, a Maryland judge issued a preliminary injunction to prevent Governor Larry Hogan from withdrawing from the CARES Act program and terminating federal unemployment assistance for over 300,000 Maryland residents. There the plaintiffs succeeded after arguing that Gov.

Court 104

Court Legal Services Legal Legal 104

JURIST

APRIL 20, 2022

Judge Sandra Ikuta stated that the statutes that govern removing cases from state to federal court must be interpreted narrowly. Two other US circuit courts have since remanded cases by Baltimore and Colorado municipalities. Other lawsuits are still pending.

Court 197

Court Statute Government Laws 197

SCOTUSBlog

MAY 26, 2023

The Supreme Court has issued a number of decisions in recent years limiting the reach of the federal wire-fraud statute, which outlaws the use of “the wires” – including internet and phone lines – to commit fraud. As part of its retention efforts, Yukom employees emailed two investors in Maryland and contacted a third by phone call.

Statute 77

Statute Depositions Immigration Court 77

JonathanTurley

MAY 11, 2024

The state statute under § 6.87(2) The statute first sets forth in two sentences what the voter must certify on the ballot envelope. In the court’s opinion , Judge Peterson expresses disbelief at the lunacy of the Elias argument, writing: “Normally, the court would begin by searching for other textual clues in the statute.

Law Firm 75

Law Firm Law Firms Laws Statute 75

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In April, the Maryland legislature passed a landmark law called the Child Victims Act, which repealed the statute of limitations and permits survivors of child abuse to file civil lawsuits at any time.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

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 59

Statute Government Court Laws 59

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.

Statute 40

Statute Legal Legal Attorney 40

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.

Court 59

Court Manufacturing Statute 59

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.

Court 61

Court Statute Litigation Litigating 61

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.

Statute 94

Statute Manufacturing Court Decisions Court 94

SCOTUSBlog

SEPTEMBER 6, 2021

The federal death-penalty statute has a provision requiring that federal sentence implementation mimic that of the state in which the federal court sits. District Court for the District of Maryland in 2001, at a time when Maryland retained the death penalty, and so there was no other-state designation in the sentencing judgment.

Litigation 134

Litigation Litigating Statute Government 134

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.

Statute 132

Statute Tort Litigation Litigating 132

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.

Statute 45

Statute Court Administrative Law Laws 45

SCOTUSBlog

JANUARY 18, 2021

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.

Statute 132

Statute Court Reporting Court Court Reporter 132

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.

Statute 101

Statute Court Government Laws 101

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.

Court Decisions 40

Court Decisions Statute Court Manufacturing 40

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.”

Court 41

Court Laws Statute Constitutional Law 41

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 99

Construction Statute Felony Court 99

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.

Diligence 80

Diligence Government Statute Misdemeanor 80

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.”

Statute 122

Statute Construction Court Felony 122

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.

Statute 81

Statute Stare Decisis Court Drafting 81

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.

Laws 59

Laws Immigration Statute Court 59

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.

Statute 109

Statute Court Administrative Law Government 109

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

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.

Immigration 80

Immigration Statute Government Tort 80

FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

Manufacturing 59

Manufacturing Statute Government Calendaring 59

The Crime Report

MAY 4, 2022

Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes.

Court 128

Court Court Reporting Court Reporter Felony 128

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.

Healthcare 52

Healthcare Manufacturing Statute 52

The Crime Report

AUGUST 9, 2023

Meanwhile, states like New York , Illinois , Nevada , and California have extended their statute of limitations on a wide range of sex crimes that expand the window for survivors to take legal action against their attackers and receive justice. That problem also extends to the statute of limitations for sex offenders.

Statute 98

Statute Healthcare Criminal Law Court 98

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.

Court 102

Court Contract Government Statute 102

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.

Court 77

Court Construction Laws Government 77

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 63

Government Court Statute Cause of Action 63

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 109

Healthcare Contract Court Government 109

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.”

Court 142

Court Laws Statute Litigation 142

SCOTUSBlog

JANUARY 14, 2022

New York, Connecticut, Maryland, and New Jersey filed suit, arguing that the new law violated the Constitution — specifically, Article I, Section 8 , and the 10th and 16th Amendments — because it interfered with states’ sovereign taxing authority by unduly coercing them to change their sovereign tax policies and by denying them equal sovereignty.

Court 98

Court Manufacturing Statute Laws 98

SCOTUSBlog

OCTOBER 3, 2023

Even if she never intended to stay at the hotel, the court of appeals concluded, “she was still injured in precisely the way the statute was designed to protect.” The hotel’s failure to do so, the court of appeals explained, gives Laufer the right to sue. The hotel went to the Supreme Court, asking the justices to weigh in.

Court 101

Court Litigation Litigating Attorney 101

SCOTUSBlog

JUNE 27, 2022

Apart from some statutes he characterized as “outliers,” Thomas concluded that this type of regulation was not found in the relevant history and therefore it infringed on the right. I supposed the obvious question to ask is whether a “shall issue” regime like the one I described in D.C., As John Marshall explained in McCulloch v.

Laws 144

Laws Government Constitutional Law Court 144