Law 360

MAY 24, 2022

cannot use a free speech statute to duck a climate change suit brought by the Massachusetts Attorney General, the state's top court ruled Tuesday, finding that the law in question applies to private suits but not public enforcement actions. ExxonMobil Corp.

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Law 360

JUNE 8, 2023

The Massachusetts long-arm statute gives representatives of a New Hampshire man injured in a car crash jurisdiction to advance his defect claims against the maker of his 2004 Chrysler Sebring convertible in the Bay State, according to a Thursday order from the state's high court.

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HowAppealing

OCTOBER 14, 2021

New York takes a long shot at saving its firearm carry ban.”

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LettersBlogatory

JANUARY 20, 2022

Ciampa was a Massachusetts resident, and so Berg and Bedenbaugh brought an action in March 2019 against Ciampa in a Massachusetts state court. Therefore, it was necessary to bring an action on the judgment against Ciampa in order to obtain recognition and enforcement of the judgment against Ciampa herself in Massachusetts.

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LettersBlogatory

SEPTEMBER 26, 2022

The reason is that Massachusetts was one of the few states that had not enacted the UEFJA. But shortly after the Fidelity judgment, Massachusetts adopted the statute. Once I get a Massachusetts judgment on a Florida judgment, shouldn’t that Massachusetts judgment be conclusive in Massachusetts?

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FDA Law Blog

JULY 7, 2021

The only place in the country that uses GEDs for SIB/AB is the Judge Rotenberg Educational Center in Massachusetts (JRC), and the patients it treats suffer from severe behaviors, such as head-banging or self-biting, that have not been resolved using conventional treatments. FDA cleared 510(k)s for GEDs in the 1990s.

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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.

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FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. Another reason drug manufacturers may want to update their marketing policies are the numerous state requirements tied to the Code.

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The Crime Report

AUGUST 5, 2021

The Mexican government has filed a federal complaint in Massachusetts against Interstate Arms Corp. The Mexican government has filed a federal complaint in Massachusetts against Interstate Arms Corp. arguing that the gunmakers’ activities violated Connecticut and Massachusetts consumer protection laws.

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FDA Law Blog

OCTOBER 3, 2022

district court of Massachusetts by former employee and whistleblower Michael Bawduniak in April 2012 as a qui tam action. The Alert described several factors that could potentially violate the antikickback statute. Wasserstein — On September 26, 2022, Biogen Inc. This lawsuit was brought to the U.S. See United States ex rel.

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SCOTUSBlog

JULY 21, 2021

But the group does support a constitutional amendment imposing 18-year term limits and allowing each sitting president to fill two seats per four-year term, although the group believes that term limits imposed by statute would pose constitutional issues. Gabe Roth, executive director of Fix the Court, presented a different view.

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FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. Another reason drug manufacturers may want to update their marketing policies are the numerous state requirements tied to the Code.

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LettersBlogatory

SEPTEMBER 1, 2021

The Boston Public Health Commission was created by statute, Chapter 147 of the Acts of 1995. The statute gives the BPHC the power make public health rules and regulations, but only consistent with other state law. But leaving aside questions about the wisdom of the new moratorium, I am concerned that it might simply be unlawful.

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ClimateChange-ClimateLaw

AUGUST 31, 2021

However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. (The plaintiffs are now back in the district court seeking much more modest relief.).

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SCOTUSBlog

OCTOBER 2, 2023

Share The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” A jury awarded Planned Parenthood nearly $2.5 million, but the group contended that its conduct was protected by the First Amendment.

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SCOTUSBlog

APRIL 28, 2021

United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Navy for the cost of cleaning up the Ordot Dump. But the U.S.

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FDA Law Blog

MARCH 12, 2024

Kaleo also delisted, but not without noting that “the decision to list each of these patents was proper, consistent, and required by the applicable statutes, regulations, and FDA’s guidance available at the time of listing.” FTC’s and Congress’s activities seem to have triggered litigation.

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SCOTUSBlog

OCTOBER 30, 2021

New York finds solace in the Statute of Northampton (1328), which forbade any person to “bring no force in affray of the peace, nor to go nor ride armed” in certain places. Sir John Knight (1686) read the statute to prohibit “going or riding armed in affray of peace,” i.e., in a manner “to terrify the King’s subjects.”

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JonathanTurley

DECEMBER 14, 2023

The complaint below alleged three counts (Intentional misrepresentation – fraud; Fraudulent Concealment; Violation of Massachusetts Consumer Protection Law). The reason may be the running of the statute of limitations. There is also an omission of contractual claims. The birth of Depoian’s child, Carolyn Bester, occurred in 1981.

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SCOTUSBlog

MARCH 2, 2022

Associate professor Margaret DeWeese-Boyd sued Gordon College, a private Christian liberal arts college in Wenham, Massachusetts, when it did not promote her to a full professorship. Issue : Whether the statute of limitations for a 42 U.S.C. Commissioner of Internal Revenue , 21-379. 10 and Jan. 7 conferences; relisted after the Jan.

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SCOTUSBlog

MAY 28, 2021

Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.

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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.,

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SCOTUSBlog

OCTOBER 12, 2021

Three days after the bombings, the Tsarnaev brothers shot a police officer at the Massachusetts Institute of Technology in the head and stole a graduate student’s SUV. Three people were killed, and hundreds of others were grievously injured. Dzhokhar Tsarnaev.

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ClimateChange-ClimateLaw

MARCH 13, 2023

Following the 2007 landmark Supreme Court case Massachusetts v. B. Massachusetts v. The petitioners, joined by intervenor States and local governments, appealed this determination, and in Massachusetts v. Since Massachusetts v. billion tons of carbon dioxide emissions by 2050. EPA , 549 U.S.

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ClimateChange-ClimateLaw

SEPTEMBER 2, 2021

Four jurisdictions (Rhode Island, Massachusetts, Connecticut and the District of Columbia) have signed a Memorandum of Understanding committing to the TCI program. The initiative seeks to reduce greenhouse through a cap-and-invest model that taxes fuel providers and reinvests the proceeds in clean transportation.

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At the Lectern

JULY 27, 2023

the Fourth District, Division Two, published opinion held a county’s child services department conducted an appropriate initial inquiry required by state statute. In In re Ja.O. , ” Gun control. The court denied review and a depublication request in People v. Related: Throwing shade at SCOTUS? COVID insurance.

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Diane Drain

APRIL 15, 2021

Several others including California, Nevada and Massachusetts shield homeowner equity at or above $500,000. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Massachusetts High Court Upheld Transmission Line Approval. In re Hawaiian Electric Co. , SCOT-20-0000309 (Haw.

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ClimateChange-ClimateLaw

APRIL 23, 2021

Environmental Protection Agency to regulate greenhouse gases, and that this authority may prove central to addressing climate change under the statute. This language is nearly identical to that of Clean Air Act Section 202(a), which the Supreme Court held in Massachusetts v. Alternatively, the U.S. A summary is available here.)

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SCOTUSBlog

JANUARY 20, 2022

This case involves Margaret DeWeese-Boyd, an associate professor of social work at Gordon College, a private Christian liberal arts college in Wenham, Massachusetts. The Massachusetts Supreme Judicial (is there any other kind?) Next up is Texas v. Commissioner of Internal Revenue , 21-379 , which has been rescheduled twice.

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SCOTUSBlog

JANUARY 19, 2022

They will do so in the case of Carlos Concepcion, who was arrested in 2007 after selling crack cocaine to an undercover federal agent in New Bedford, Massachusetts. The justices will now decide which factors count. He pleaded guilty to possessing at least 5 grams of crack with intent to distribute.

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JonathanTurley

MAY 12, 2022

92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. Many Democrats also supported sweeping bans on protests near abortion clinics, like a law in Massachusetts that was struck down unanimously in McCullen v. In Vegelahn v. Coakley in 2014.

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SCOTUSBlog

JUNE 28, 2021

corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. Massachusetts , New Hampshire sought to challenge a Massachusetts rule that taxes nonresidents on income for services performed outside the state. Doe , in which they were considering whether U.S.

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ClimateChange-ClimateLaw

MARCH 30, 2020

Massachusetts has lifted its open meetings law’s mandate that public entities meet in a public place, so long as alternative means of public access are provided. Needless to say, this statute does not allow Virginia agencies to address routine business by meeting electronically for the next few weeks or months. 3d 1163, 1166 (Mass.

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SCOTUSBlog

JULY 7, 2022

The decision was noteworthy not only because it struck down the New York law, which mirrored similar restrictions in California, Hawaii, Maryland, Massachusetts, and New Jersey, but for its methodology. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

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JonathanTurley

JUNE 9, 2023

Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges. Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. To great acclaim, Rachael Rollins, then the U.S.

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The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

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