SCOTUSBlog

JANUARY 10, 2023

Share From the beginning of Monday’s oral argument in Ohio Adjutant General’s Department v. Federal Labor Relations Authority , it was crystal clear that Ohio Solicitor General Benjamin Flowers would focus like a laser beam on the claim that the FLRA has no statutory authority to issue orders against state agencies. Kagan asked.

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Above The Law

DECEMBER 27, 2021

Ohio making it legal to serve alcohol at 18. A mob of one: Federal prosecutors are getting crafty with their statute application. [ . * Do you want a fork with that shake? Starting Jan. 1, you're gonna have to opt-in for your plasticware in Washington. [ The Daily News ]. * "Yeah I serve it, but I don't touch the stuff."

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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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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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JURIST

FEBRUARY 11, 2022

In Ohio, Nebraska, and Florida, legislation has passed and legalization is pending as state governments plan how to roll out their systems. Current statutes are simply inadequate to address online betting at this scale and has forced officials like James to address the problem themselves.

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SCOTUSBlog

JANUARY 6, 2023

Share Ohio Adjutant General’s Department v. Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard.

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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.

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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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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.

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The Crime Report

JULY 26, 2022

A new bill in the Ohio legislature would lift the 25-year statute of limitations on criminal prosecution of rape cases, reports ABC 6. Bill Seitz, says that rape is not as serious as murder, which is the only crime in Ohio with no statute of limitations. One opponent, State Rep.

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The Crime Report

JUNE 29, 2022

The decision forced federal and state governments to review their statutes to ensure that administration of the death penalty did not discriminate and was applied consistent to the Eight Amendment, prohibiting cruel and unusual punishment. 50 years ago today, the Supreme Court in their opinion on Furman v.

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JURIST

JANUARY 12, 2024

A grand jury declined to return an indictment Thursday against Brittany Watts, an Ohio woman facing an abuse of corpse charge after suffering a miscarriage in her home. The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse.

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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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Patently O

JULY 24, 2024

deference to reasonable agency interpretations of ambiguous statutes) in Loper Bright Enterprises v. Board of Governors of the Federal Reserve System , the rule could be challenged by a firm that did not exist in November 2018 and therefore would not immediately be subject to the Administrative Procedure Act’s 6-year statute of limitations.

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Constitutional Law Reporter

JANUARY 26, 2023

The Ohio Adjutant General’s Department v. Federal Labor Relations Authority: The case stems from a collective-bargaining dispute between the Ohio National Guard and the union that represents its technicians. Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.: Under Dellmuth v.

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S.

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SCOTUSBlog

JANUARY 5, 2024

That prompted the challengers – Ohio, Indiana, and West Virginia, along with trade associations and companies affected by the plan – to come to the Supreme Court last fall, asking the justices to intervene. In September, a divided panel of the U.S. Court of Appeals for the D.C. In a brief, unsigned order on Dec. Bissonnette v.

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SquirePattonBoggs

JANUARY 13, 2021

In 2016 Michigan enacted a statute permitting licensed retailers (the third tier) to offer home delivery. While consumers undoubtedly welcomed this development (particularly on those harsh winter weekends when they were facing— and losing to —the Ohio State Buckeyes), retailers in neighboring states apparently were not impressed.

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The Crime Report

JULY 9, 2021

Department of Justice (DOJ) are jointly responsible for enforcement of criminal civil-rights statutes, according to the BJS report. The states with the largest number of federal hate crime investigations recorded over the period were: Michigan, Ohio, Mississippi, Texas and California.

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FDA Law Blog

MARCH 5, 2024

According to AstraZeneca, the statute defines a qualifying single source drug by reference to its individual “approval,” and “any other reading. contradicts the plain text of the statute and therefore must be set aside.” Ohio (9 June 2023). Opinion at 17. see also 42 U.S.C. 1320f-1(e)(1)(A). 2023) Jardiance Merck D.D.C. (6

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Conflict of Laws

JUNE 28, 2023

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. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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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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SCOTUSBlog

DECEMBER 3, 2023

Instead, it originally proceeded as a multidistrict litigation, with thousands of plaintiffs and dozens of industry defendants consolidated before a single judge in federal district court in Ohio. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle.

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Constitutional Law Reporter

AUGUST 28, 2023

Facts of the Case Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. Norfolk Southern noted that when the complaint was filed, Mallory resided in Virginia, and the complaint alleged that Mr. Mallory was exposed to carcinogens only in Ohio and Virginia.

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Patently O

MAY 30, 2024

2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 2018), which held that a related statute providing for Patent Term Extension (PTE) due to FDA regulatory delays is not limited by ODP. Ohio Brass Co. , 4th 1216 (Fed.

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SCOTUSBlog

FEBRUARY 25, 2022

The dispute in this case is between DaVita, one of the two dominant providers of outpatient dialysis services in the United States, and Marietta Memorial Hospital, a small Ohio hospital that operates an employer health plan. The first comes from the lower court’s acceptance of DaVita’s argument as a “disparate impact” reading of the statute.

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JURIST

APRIL 16, 2021

The US Court of Appeals for the Sixth Circuit has upheld Ohio’s HB 214 law that prohibits doctors from performing an abortion with the knowledge that a women’s reason for terminating the pregnancy is a fetal Down syndrome diagnosis. The plaintiffs were four medical service providers and one doctor who provide abortions in Ohio.

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Patently O

FEBRUARY 19, 2024

Rather, both the statute and the US constitution simply required an “invention.” But, in its key and still leading analysis of the statute, the Supreme Court explained that the new law was “intended merely as a codification of judicial precedents embracing the Hotchkiss condition.” ” Graham v. 2d 157 (D.C.

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SCOTUSBlog

JUNE 27, 2023

The plaintiff in the case was Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. By relabeling their long-arm statutes,” she wrote, “States may now manufacture ‘consent’ to personal jurisdiction.” This article was originally published at Howe on the Court.

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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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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. Court of Appeals for the Sixth Circuit, the Ohio Supreme Court, and trial and appellate courts in Ohio and Michigan. Cooley Law School.

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Conflict of Laws

AUGUST 24, 2023

They do not disregard the interests of possessors of property or the general interest in certainty of title, but they give effect to those interests through statutes of limitations, which limit the time the original owners have to initiate lawsuits to recover the property and in this way deter the original owners from sleeping on their rights.

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Constitutional Law Reporter

SEPTEMBER 3, 2024

Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms. The Eleventh Circuit similarly found that the statute’s individualized-explanation requirements were likely to fall. Office of Disciplinary Counsel of Supreme Court of Ohio , 471 U.S.

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SCOTUSBlog

APRIL 7, 2023

Richard Strauss sexually abused at least 177 male students in his role as a physician with the Ohio State University’s athletics department and student health center. Ohio State launched a public investigation into Strauss’ conduct in April 2018. In The Ohio State University v. Snyder-Hill and The Ohio State University v.

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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

APRIL 21, 2021

The shooting of Ma’Khia Bryant, 16, in Columbus, Ohio has sparked protests despite the police releasing a videotape that appeared to show Bryant moving to stab another girl. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects. Garner , 471 U.S. ” T ennessee v.

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SquirePattonBoggs

MAY 14, 2021

TOMS King (Ohio) LLC , the plaintiff alleged that defendants provided her with a receipt that included both the first six and the last four digits of her credit card number. On Tuesday, the Sixth Circuit became the latest court to address what happens when a merchant fails to truncate a credit card number as directed by Congress.

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