Constitutional Law Reporter

MARCH 5, 2024

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. Warner Chappell Music, Inc.

Court 52

Court Statute Constitutional Law Contract 52

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

Stare Decisis 87

Stare Decisis Statute Court Contract 87

Conflict of Laws

JULY 19, 2021

Indiana University Maurer School of Law. Rudy Professor of Law, Indiana University Maurer School of Law. Extraterritoriality in the Global Governance of Corruption: Legal and Political Perspectives. Moderator: Hannah Buxbaum , Vice President for International Affairs, Indiana University; John E. Austen Parrish.

Laws 40

Laws Law School Statute Litigation 40

Patently O

MARCH 21, 2021

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. The statute abuts and parallels the Constitution, and that means statutory interpretation becomes constitutional interpretation. by Dennis Crouch. ” Id. The US Constitution link is important. In the recent case of Gunn v.

Contract 100

Contract Statute Court Cause of Action 100

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 legally sell hemp-derived products in the state. Ensure the Validity and Compliance of All Other Product Claims.

Manufacturing 132

Manufacturing Government Laws Statute 132

Broadcast Law Blog

FEBRUARY 24, 2022

Under the FCC’s proposals that are designed to clear up which entity is responsible for legal and regulatory compliance, such multicast streams will be part of the originating station’s license, not that of the “host” station. See the Federal Register notice, here , and read the comments submitted to the docket, here.

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Government Legal Legal Statute 59

Attorney at Work

MAY 31, 2022

The statute of limitations ran out due to his forgetting the deadline. An Indiana lawyer never responded to the plaintiffs – his clients in a multidistrict product liability case – when the court requested further details to avoid a motion to dismiss. The firm had filed a voluntary dismissal back in 2014. Causes of Missed Deadlines.

Calendaring 123

Calendaring Court Lawyer Lawyers 123

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 98

Construction Statute Felony Court 98

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.

Statute 80

Statute Stare Decisis Court Drafting 80

The Crime Report

JULY 15, 2022

Indeed, there are several reasons why the Act and Bruen decision are neither incompatible with—nor out of the mainstream of—legal and policy thought. States can and should ensure such statutes provide extensive due process protections.

Laws 98

Laws Technology Court Legal 98

JonathanTurley

OCTOBER 30, 2022

She insists in the video that she knows all of the governing legal rules and shows the path in detail. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. His negligence is also likely attributable to the employer.

Tort 34

Tort Litigation Litigating Manufacturing 34

JonathanTurley

OCTOBER 31, 2021

However, there are still some notable additions that raise more legal frights. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

Tort 35

Tort Litigation Litigating Manufacturing 35

JonathanTurley

NOVEMBER 27, 2020

In 2020, the cancelation of parades and the reduction of travel has led to a very different legal profile of holiday mishaps and malfeasance. The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Accordingly, Miller was in violation of a statute in addition to being negligent. __.

Tort 32

Tort Statute Criminal Law Court 32

JonathanTurley

OCTOBER 30, 2023

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. The video seemed more incriminating than exculpatory.

Tort 41

Tort Litigation Litigating Manufacturing 41

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. The states appealed the dismissal of the case.

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

SEPTEMBER 6, 2021

In each of these cases, the Supreme Court’s intervention overturned a lower-court disposition on a contested legal question. The legal rule forming the basis for the Supreme Court’s intervention was anything but settled. At the very least, Higgs raised a novel question about how the statute should apply in such a case.

Litigation 130

Litigation Litigating Statute Government 130

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order. Frosh , No. 2ndd (Md.

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Court Statute Litigation Litigating 115

JonathanTurley

MARCH 31, 2021

Eric Swalwell against former President Donald Trump as a serious miscalculation that could result in a legal vindication for Trump either on the trial or appellate levels. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. I recently wrote about the lawsuit by Rep.

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Punitive Damages Tort Statute Court 44