FDA Law Blog

APRIL 3, 2025

Ohio , and Corner Post have fundamentally altered the scope of agency authority. Like FCC, FDA relies on broad statutory authority from Congress under a unique statute. Those decisions are changing the way agencies, including FDA, exercise their rulemaking and enforcement authorities. Last week, the U.S.

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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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LegalReader

NOVEMBER 16, 2021

The lawsuit alleges that Facebook--now known as Meta--violates securities statutes by allegedly misleading investors about the negative mental health effects of its product.

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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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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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Fordham Law News

MARCH 31, 2025

18] Another jurisdiction that seems to be entering the incorporation battleground is Ohio. Ohio is currently home to more than 15 Fortune 500 companies and offers a statute-based approach to corporate law, which offers companies increased stability. [19] Texas: What Is The Better Option for Your Business? 3, 2025), [link]. [20]

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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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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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LawSites

JULY 19, 2022

He also confirmed that, to date, two bars have signed on with Decisis, the Ohio State Bar Association (OSBA), which began offering it to members last October, and the Nebraska State Bar Association (NSBA), which started with the service on May 2. Pfeifer said there was no intent to hide the product’s relationship to RELX and LexisNexis.

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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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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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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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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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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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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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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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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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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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Hoban Law Group

JUNE 8, 2021

Including improper drug claims in the labeling of non-drug products can expose your company to liability from the FDA/FTC to consumer actions brought under state consumer protections statutes, class action lawsuits, etc. Ensure the Validity and Compliance of All Other Product Claims.

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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

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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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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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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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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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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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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FDA Law Blog

OCTOBER 4, 2023

By Faraz Siddiqui — Last week, a federal court in Ohio denied a preliminary injunction motion by four Chambers of Commerce in their lawsuit against the Medicare Drug Price Negotiation Program. As such, that statute was unjust, confiscatory and violated their constitutional due process rights. Order at 22.

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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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SquirePattonBoggs

SEPTEMBER 18, 2023

Judge Griffin further noted that every other circuit that has considered the meaning of “a sentence” in the statute has come out differently than Jackson and Carpenter. According to Judge Griffin, the “historical fact” approach only made grammatical sense if one replaced the word “has” in section 403(b) with “had.”

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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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JURIST

NOVEMBER 21, 2023

Mackenzie Damon went to college in Ohio and worked in the Ohio House for several years before coming to the University of Pittsburgh School of Law, where she is currently a 1L.

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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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SCOTUSBlog

APRIL 25, 2022

This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., orders) that aid the exercise of their jurisdiction even though no statute expressly authorizes the orders. In 1993, Raymond Twyford was convicted of aggravated murder and sentenced to death in Ohio.

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SquirePattonBoggs

FEBRUARY 14, 2023

The Court held that an Ohio aggravated-robbery offense, R.C. In other words, the statute does not say what state of mind the defendant must possess in displaying, brandishing, indicating possession of, or using a deadly weapon. 2d 1038 (Ohio 2009), which held that the deadly-weapon element in R.C. 2d 26, 34 (Ohio 2010)).

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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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JURIST

AUGUST 21, 2024

According to the Arizona Revised Statutes under 19-102 , the description of the initiative could not be more than 200 words, and for it to be disqualified, it either must have “(1) ‘omitted a ‘principal provision’ of the measure’ or (2) failed to accurately communicate the principal provisions’ general objectives.”

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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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