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. to ensure the content adheres to Louisiana law prior to issuing the registration.

Manufacturing 132

Manufacturing Government Laws Statute 132

Patently O

JANUARY 17, 2022

Back in 1969, long before Bubba Gump, Louisiana Judge Alvin Rubin explained the virtues of shrimp: “Shrimp, whether boiled, broiled, barbecued or fried, are a gustatory delight.” ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent. by Dennis Crouch. Laitram Corp. Deepsouth Packing Co.,

Manufacturing 120

Manufacturing Litigation Litigating Statute 120

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 123

Statute Construction Court Felony 123

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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Court Statute Lawyer Lawyers 52

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.

Statute 110

Statute Court Administrative Law Government 110

The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. In a 5-4 decision, it struck down mandatory death sentencing statutes. In addition, a seven-justice majority found guided discretion statutes to be constitutional.

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Statute Lawyer Lawyers Court 105

SCOTUSBlog

MARCH 28, 2022

Louisiana that it precluded all suits against a state (or its agencies) in federal court, including suits brought by state citizens to enforce federal constitutional provisions. Despite the apparently narrow language of the amendment – limited to suits in federal court brought by non-citizens of the state – the court held in 1890 in Hans v.

Court 83

Court Government Statute Felony 83

Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

Tort 59

Tort Statute Court Construction 59

JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

Immigration 211

Immigration Court Rules Court Statute 211

Broadcast Law Blog

JANUARY 29, 2023

While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

Sports 98

Sports Manufacturing Statute Laws 98

JonathanTurley

SEPTEMBER 7, 2021

She was charged under Louisiana law with malfeasance in office. The statute itself reads like criminalized negligence. The report was taken on August 23, 2021.”. She was ultimately dismissed after an investigation. What followed was relatively rare. What is interesting about the law is how broad the language is.

Malfeasance 34

Malfeasance Mens Rea Statute Laws 34

The Crime Report

JUNE 23, 2022

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. The report studied 39,253 people serving life-without-parole sentences in 20 states, representative of three-quarters of the LWOP population across the country.

Statute 142

Statute Court Decisions Court 142

SCOTUSBlog

OCTOBER 13, 2022

Louisiana , 21-993. permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Until next time, stay safe ! New Relists. Returning Relists. 28 and Oct.

Tort 101

Tort Construction Court Felony 101

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Louisiana , 21-993. relisted after the Oct. 28 conference). Returning Relists. 14 and Oct.

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Government Construction Court Statute 105

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

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Court Statute Education Administrative Law 100

Patently O

JANUARY 24, 2022

The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico). We have recently written an article in which we proposed a two-prong solution to the judge shopping problem.

Litigation 58

Litigation Litigating Court Statute 58

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 100

Construction Statute Felony Court 100

Constitutional Law Reporter

DECEMBER 19, 2022

Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. Please check back for updates.

Court 52

Court Laws Statute Immigration 52

The Crime Report

JANUARY 13, 2023

There’s nothing in any of the statutes that say, ‘If an agency doesn’t do this within 30 days, the secretary can fine them $500 or penalize them.’ It is incumbent upon the agencies themselves to comply with these statutes.”. We don’t have any stick,” Newsome said.

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Attorney Litigation Litigating Depose 105

SCOTUSBlog

MAY 28, 2021

In Louisiana v. Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. Louisiana v.

Felony 135

Felony Statute Court Attorney 135

SCOTUSBlog

MARCH 16, 2023

And she argues that Dobbs has nothing to do with mootness, because she was arguing her due process rights were violated through Chapman’s “ graft[ing] [of] a new notice requirement onto a statute that does not require notice ” rather than because of her abortion rights alone. But Doe nonetheless states that she does not oppose vacatur.

Court 19

Court Statute Litigation Litigating 19

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C.

Immigration 52

Immigration Court Rules Court Entertainment 52

SCOTUSBlog

JUNE 29, 2022

Louisiana , 21-993. 1346 ; and (2) whether deception that deprives a person of “potentially valuable economic information,” without more, can constitute “money or property” fraud under the federal mail and wire fraud statutes. Trans World Airlines, Inc. and several courts of appeals have held). relisted after the June 23 conference).

Statute 72

Statute Court Government Laws 72

JURIST

NOVEMBER 18, 2021

Attorney General Jeff Landry of Louisiana and eleven other states filed a lawsuit against the Biden administration and the Centers for Medicare and Medicaid Services (CMS), questioning their authority to issue a COVID-19 vaccine mandate for healthcare workers.

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Healthcare Statute Finance Attorney 194

SCOTUSBlog

JANUARY 13, 2022

The Department of Health and Human Services issued the rule, which applies to more than 10 million workers, in November, but two federal district courts – in Missouri and Louisiana – put the rule on hold in roughly half the states.

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Court Healthcare Government Statute 145

SCOTUSBlog

APRIL 19, 2024

Louisiana that the Sixth Amendment (as incorporated against the states by the 14th Amendment) guarantees criminal defendants the right to a unanimous jury, it meant a unanimous 12-person jury — not a six-person jury, which is all that Florida affords some felony defendants. Next up is Lackey v.

Felony 134

Felony Immigration Court Statute 134

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

Court 55

Court Government Litigation Litigating 55

JURIST

NOVEMBER 16, 2022

Essentially, a health statute used as justification by Trump administration agencies for the purposes of migrant deportation. In May 2022, a Louisiana Judge blocked the attempt to end the CDC’s Title 42 order on the grounds that ending the order violated the Administrative Procedure Act (APA) notice-and-comment requirements.

Statute 197

Statute Court 197

The Crime Report

FEBRUARY 8, 2023

His attorney then filed a specific constitutional challenge to § 922(g)(8), arguing that the statute violated Rahimi’s Second Amendment right to own and possess firearms. Thanks to the Fifth Circuit Court of Appeals, that protection no longer exists in three Southern states—Texas, Mississippi and Louisiana. Supreme Court.

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Statute Court Attorney Legal 98

SCOTUSBlog

JANUARY 19, 2022

I just don’t know of a case,” he told Stewart, challenging the constitutionality of a statute in which the Supreme Court has inquired into the relative ease or difficulty of other options when the challengers are opposed to using those options. How, he queried, “can that possibly be the law?”. Justice Stephen Breyer was also dubious. “I

Finance 95

Finance Government Laws Court 95

JonathanTurley

SEPTEMBER 1, 2023

The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it] These laws have been enacted in other states, including Louisiana, Mississippi, Virginia and Utah. Judge Ezra ruled that “H.B. 1181 is unconstitutional on its face.”

Laws 34

Laws Entertainment Statute Court 34

JonathanTurley

NOVEMBER 29, 2021

The Biden administration returned to ask for an injunction from the same justices a few weeks later and for a ruling on the statute. Louisiana (2020) (a non-abortion case) that the court cannot maintain a precedent that is “grievously or egregiously wrong.” The court ruled 5-4 to allow the Texas law to be enforced.

Stare Decisis 40

Stare Decisis Court Laws Law School 40

SCOTUSBlog

JANUARY 6, 2022

A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states. The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.

Court 143

Court Government Healthcare Drafting 143

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” The Department hosted a virtual forum discussing its review of the program on Thursday.

Statute 152

Statute Government Court Legal 152

SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Share This article was updated on June 23 at 2:19 p.m.

Immigration 110

Immigration Court Rules Court Depose 110

SCOTUSBlog

FEBRUARY 23, 2023

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. 22-448 Issue : Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. New Relists Brown v.

Government 83

Government Court Contract Malfeasance 83

SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. A close reading of Stenberg v.

Stare Decisis 122

Stare Decisis Court Laws Drafting 122