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.

Court Rules 52

Court Rules Statute Court Attorney 52

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.

Healthcare 105

Healthcare Statute Manufacturing Government 105

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.

Statute 52

Statute Court 52

Mondaq

JULY 12, 2022

As a general matter, courts and statutes tend to be more permissive of non-compete agreements in the context of the sale of a business.

Statute 40

Statute Court Laws 40

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.

Court 98

Court Statute Government Legal 98

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.

Statute 52

Statute Construction Court Drafting 52

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.”

Court 108

Court Statute Drafting Laws 108

Law 360

FEBRUARY 29, 2024

The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.

Statute 40

Statute Court Litigation Litigating 40

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.

Manufacturing 75

Manufacturing Statute Litigation Litigating 75

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?

Statute 52

Statute Court 52

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.

Statute 40

Statute Court 40

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.

Laws 211

Laws Small Business Attorney Finance 211

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.

Court 84

Court Statute Education Lawyer 84

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

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.

Punitive Damages 40

Punitive Damages Manufacturing Statute Government 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 62

Statute Government Court Litigation 62

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.

Statute 52

Statute Laws Court Legal 52

Patently O

JUNE 17, 2024

The appellate court held that the district court’s analysis was deficient in several key respects, including not addressing the statute of limitations defense, defining trade secrets too broadly, and not sufficiently assessing irreparable harm and the public interest. EOFlow, Co. , 2024-1137 (Fed. June 17, 2024).

Statute 64

Statute Court Diligence Manufacturing 64

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.

Tort 74

Tort Statute Laws 74

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.

Laws 104

Laws Court Government Statute 104

FDA Law Blog

JUNE 3, 2024

Wasserstein — Today’s email brings an interesting, and somewhat confusing settlement of what should have been an ordinary antikickback statute case , and may bring about a clash between what many companies do and what the government may be objecting to. Or, perhaps your loyal blogger is reading too much into a brief settlement document.

Statute 52

Statute Government 52

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.

Statute 104

Statute Court Education Administrative Law 104

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.

Manufacturing 45

Manufacturing Statute Litigation Litigating 45

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

While the preemption claim rang hollow to observers from the start, the idea that the ambitious climate laws passed in states like New York, Massachusetts, Minnesota, and California could limit local authority on climate was troublesome.

Laws 135

Laws Court Government Construction 135

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.

Laws 40

Laws Statute 40

FDA Law Blog

AUGUST 8, 2024

Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations. Other states variously control marijuana as a schedule III (Minnesota), schedule VI (Arkansas, Massachusetts, North Carolina and Tennessee), schedule VIA (Alaska), or schedule Z (Maine).

Healthcare 59

Healthcare Manufacturing Attorney Statute 59

Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

Statute 40

Statute Technology Legal Legal 40

SCOTUSBlog

DECEMBER 11, 2020

Massachusetts imposes extra limitations to the Supreme Court’s established line of free-exercise jurisprudence during a pandemic. The post Petitions of the week: Re-opening church doors and opening evidentiary doors appeared first on SCOTUSblog.

Court 60

Court Statute Litigation Litigating 60

Broadcast Law Blog

OCTOBER 11, 2013

The battle over services that record and stream over-the-air TV without compensation to TV broadcasters has become even more confusing, with a US District Court judge in Boston denying an injunction to stop the Aereo service in Massachusetts in a suit brought by Hearst Corporation, which owns a local TV station.

Court 40

Court Statute Court Rules 40

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.

Statute 40

Statute Court Calendaring Healthcare 40

At the Lectern

JULY 28, 2022

The opinion acknowledged, “under our interpretation of the relevant statutes a provider has greater remedies against a private health care service plan than it does against a public entity health care service plan.” ” Horvitz & Levy filed the successful petition for review.

Government 49

Government Court Contract Cause of Action 49

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.”

Court 40

Court Litigation Litigating Attorney 40

The Crime Report

AUGUST 5, 2022

Despite 48 states outlawing it, and the House voting unanimously to do the same, the Massachusetts Senate adjourned its final formal session this week without taking a vote on a measure that would make the sharing of nonconsensual pornography illegal in the state, reports the Boston Globe.

Statute 122

Statute Legal Legal Court 122

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. 1500 Massachusetts Avenue. I am still trying to get the correct name of this lawsuit filed last year, but it involves a Halloween prank gone bad in Massachusetts. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Taunton High School. __.

Tort 50

Tort Litigation Litigating Construction 50

JURIST

JUNE 24, 2023

” The states of Texas and Louisiana originally filed their lawsuit against the federal government in 2021, saying: The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so.

Immigration 211

Immigration Court Rules Court Statute 211

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. 1500 Massachusetts Avenue. The Massachusetts case of Smith v. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct. Tauton High School District. 32; 285 S.W.

Tort 48

Tort Litigation Litigating Construction 48

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.

Court 111

Court Statute Law School Constitutional Law 111