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Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Arguments of the State of Indiana. Indiana Solicitor General Thomas Fisher argued in support of HHC. Share Tuesday’s argument in Health and Hospital Corp.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. of Marion County v.

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Exclusive: You keep using that word; I don’t think you know what it means.

Patently O

The pending Supreme Court case of Warsaw v. There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. One giving US district courts exclusive original jurisdiction over US patent cases and the second giving the Federal Circuit exclusive appellate jurisdiction over appeals in patent cases.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. Again, the court agreed. Toy Company, Inc.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. Again, the court agreed. Toy Company, Inc.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. A tort action for intentional infliction of emotional distress is likely to fail.

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