SCOTUSBlog

MAY 1, 2023

Natural Resources Defense Council , the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. Court of Appeals for the District of Columbia Circuit rejected the companies’ challenge to the rule.

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The Crime Report

JULY 27, 2021

Meanwhile, twenty-three states and the District of Columbia have such laws, known as “chemical endangerment of a child” statutes, on the books. Prosecutors quickly began deploying the law against pregnant women, interpreting a “chemically toxic environment” to mean the pregnant body itself.

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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.

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The Crime Report

JUNE 18, 2021

The rioting statute has provoked debate among defense lawyers, civil liberties advocates and prosecutors after the Justice Department turned broadly to the civil disorder law in 2020 to prosecute protest-related unrest after the death of George Floyd in Minneapolis police custody.

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Gravel2Gavel

NOVEMBER 22, 2021

COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. by Anthony B. The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

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JURIST

FEBRUARY 4, 2021

.” The district court denied Germany’s motion to dismiss , which a panel of the US Court of Appeals for the District of Columbia Circuit affirmed , and the Supreme Court agreed to hear the case.

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SCOTUSBlog

MAY 7, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Ojedokun v. Guzman Loera v.

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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.

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Manufacturing Statute Litigation Litigating 75

LettersBlogatory

NOVEMBER 7, 2022

. § 1391(f), which allows cases against foreign states and their subdivisions to be brought in a district “in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated,” or in the District of Columbia.

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SCOTUSBlog

MAY 25, 2021

Court of Appeals for the District of Columbia Circuit held that Section 107(a) cost-recovery actions and Section 113(f)(3)(B) contribution actions are mutually exclusive. However, the court held that Guam’s contribution action was barred by a three-year statute of limitations that ran from the date of the settlement.

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SCOTUSBlog

APRIL 23, 2021

Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. However, the court held that Guam’s contribution action was barred by a three-year statute of limitations that ran from the date of the settlement.

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Patently O

APRIL 18, 2024

by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. ” But the copyright statute is different – it does not appear to expressly require a human author. The case, Thaler v. Perlmutter , No. 23-5233 (D.C. ” The U.S.

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The Crime Report

APRIL 14, 2022

However, in 2007, the Court upheld, in District of Columbia v Heller , statutes limiting the possession of firearms from being carried in “sensitive places,” such as schools.

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LawSites

JULY 19, 2022

With the acquisition, Fastcase became the sole legal research provider for the bar associations of all 50 states, the District of Columbia, the U.S. He described the service as a basic research service with cases, statutes, administrative materials and court rules. million lawyers in the country.

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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. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S.

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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. The district court and U.S.

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FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). These lawsuits were filed between January and June of 2021. Code Ann.§

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The Crime Report

DECEMBER 5, 2022

In addition, 39 states and the District of Columbia have similar prohibitions on their statutes, with many expanding the restrictions to include individuals under temporary, or ex parte, orders prior to a full hearing. Ruling that these laws are unconstitutional will put mainly women and children in danger.

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SCOTUSBlog

OCTOBER 30, 2021

The court should decide the case based on text, history, and tradition, the methodology it applied in District of Columbia v. 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. Trouble is, Rex v.

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SCOTUSBlog

APRIL 15, 2022

By statute, one factor that can support a continuance for the “ends of justice” occurs when “the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible.” After the chief judge denied this request, the judge in Olsen’s case dismissed the indictment with prejudice.

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The Crime Report

JUNE 16, 2022

All 50 states and the District of Columbia allow “initial aggressor” limitations on self-defense claims. Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. Nevertheless, according to the paper written by Cynthia Lee, the Edward F.

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SCOTUSBlog

NOVEMBER 2, 2021

For this reason, any state statutes containing widespread prohibitions or overly burdensome regulations on the concealed carry of firearms must be immediately questioned. Citing District of Columbia v.

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SCOTUSBlog

MARCH 26, 2024

While universes seem to be colliding, James did file a “friend of the court” brief for New York and 22 other states (plus the District of Columbia) in this case, supporting the FDA. The statute doesn’t have this sort of safe harbor that you’re suggesting.

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SCOTUSBlog

MAY 27, 2022

In district court, Georgia corrections admitted that its policy substantially burdened Smith’s religious exercise, but it argued that various safety and security concerns justified its refusal to allow beards of any greater length. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C.

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SCOTUSBlog

JANUARY 11, 2022

Court of Appeals for the District of Columbia Circuit concluding that tolling is available for a similarly worded tax provision. It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. The issue has split circuits, with the U.S.

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Constitutional Law Reporter

SEPTEMBER 22, 2021

District Court for the District of Columbia granted the plaintiffs summary judgment, holding that the CDC lacked statutory authority to impose the moratorium. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”. However, the court stayed its order pending appeal.

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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. In a report published today, Columbia Law School’s Sabin Center for Climate Change Law examines how New York law could further advance equity if New York joins TCI.

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SCOTUSBlog

JUNE 29, 2022

By the time Bruen was decided, with few exceptions, the lower courts had essentially limited the Second Amendment to protecting the possession of handguns in the home — the narrowest possible reading of District of Columbia v. Heller , which struck down prohibitions on handguns and functional firearms in the home.

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SCOTUSBlog

APRIL 20, 2021

In setting aside $8 billion in relief for tribes, the 2020 CARES Act borrowed a definition from another statute, the Indian Self-Determination and Education Assistance Act of 1975. Court of Appeals for the District of Columbia Circuit sided with the federally recognized tribes, holding the definition did not include the corporations.

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SCOTUSBlog

APRIL 16, 2021

A federal district court in D.C. Court of Appeals for the District of Columbia Circuit reversed, concluding that federal recognition is a term of art that applies only to tribes that appear on the bureau’s annual list, which excludes Alaska Native corporations. sided with the Treasury Department, but the U.S.

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SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. Court of Appeals for the District of Columbia Circuit and the U.S. The question in this challenge to the rule, he said should focus on what the best reading of the statute is.

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SCOTUSBlog

JUNE 27, 2022

But the Texas statute, and the rationales set forth in English and Duke , are outliers.” In District of Columbia v. . “We acknowledge,” Thomas wrote, “that the Texas cases support New York’s proper-cause requirement, which one can analogize to Texas’ ‘reasonable grounds’ standard.

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SCOTUSBlog

JANUARY 16, 2022

Four of them – the 2nd, 5th, 6th, and District of Columbia Circuits – have answered in the affirmative. In support of this argument, the museum points to both the text of the statute and the circumstances of its enactment: Congress removed foreign states from ordinary diversity jurisdiction under 28 U.S.C. Does Klaxon apply?

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ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM Interconnection is one such RTO, which oversees a region encompassing thirteen states, including Pennsylvania, along with the District of Columbia. In many parts of the country, transmission planning is undertaken by FERC-regulated bodies called regional transmission organizations (RTOs) and independent system operators (ISOs).

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SCOTUSBlog

MAY 2, 2021

To abrogate state sovereign immunity, the 3rd Circuit determined that Congress was required to do so expressly in the text of the statute, which the court found lacking in the NGA. Court of Appeals for the District of Columbia Circuit or the circuit in which the certificate holder is located.

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JonathanTurley

JUNE 30, 2021

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. One question is whether Cosby could now sue for not just the prosecution but the incarceration in light of the ruling of the Supreme Court. Pennsylvania is not one of them (which is quite surprising).

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SCOTUSBlog

JUNE 30, 2021

To abrogate state sovereign immunity, the 3rd Circuit determined that Congress was required to do so clearly in the text of the statute, which the court found lacking in the NGA. Court of Appeals for the District of Columbia Circuit to “affirm, modify, or set aside” orders issued by FERC.

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