Above The Law

MARCH 11, 2022

The ties that bind: Giving birth in Indiana is making a change for the humane. I know long-arm statutes are a thing, but Missouri's attempt to ban abortions that happen in other states would make the court that wrote Wickard blush. [ * Word is bonded: Houston Senator is pushing for people to front part of their bail before they walk.

Statute 97

Statute Laws Court 97

JURIST

MAY 3, 2022

In Health and Hospital Corporation of Marion County, Indiana v. 1983 is a US federal statute that grants individuals the right to civil action for the deprivation of their rights. The case was first brought by Gorgi Talevski after his conditions worsened under the care of a state-run nursing facility in Indiana.

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Court Statute 207

JURIST

DECEMBER 15, 2020

The appeal cited an Indiana voter identification law requiring a photo identification presented when voting in person as justification for Kansas’ requirements: This Court’s decision in Crawford v. Marion County Election Board, 553 U.S. 181 (2008), set the stage for this dispute.

Laws 151

Laws Court Statute Attorney 151

FDA Law Blog

NOVEMBER 7, 2021

District Court for the Southern District of Indiana decided several substantive motions in Eli Lilly & Co. A key issue before the court was whether, despite the relevant statute’s silence on the issue, Congress intended to allow the use of contract pharmacies. Last week, the U.S. 1:21-cv-00081-SEB-MJD (S.D.

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Statute Contract Manufacturing Court 52

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 91

JURIST

APRIL 15, 2024

The party briefs mostly focused on the word “rewarded” in the statute. James Snyder, the former mayor of Portage Indiana accused of having criminally solicited a payment in this case, seemed calm and upbeat. Justice Kagan asked if the required mental state in the statute helps to alleviate that concern. We even briefly chatted.

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Statute Government Lawyer Lawyers 129

JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. Planned Parenthood of Indiana and Kentucky filed a complaint arguing that the law is unconstitutionally vague.

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Statute Laws Court Misdemeanor 288

The Crime Report

AUGUST 24, 2021

Leaving intact the nation’s “most aggressively broad” statute criminalizing certain speech and conduct directed toward school employees, the Masters case involved Johnathan Masters, an education graduate student who distributed surveys to secondary school students as part of his research.

Statute 128

Statute Education Misdemeanor Court 128

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.

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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 91

Stare Decisis Statute Court Contract 91

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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Court Calendaring Contract Statute 97

Conflict of Laws

JULY 19, 2021

Indiana University Maurer School of Law. Rudy Professor of Law, Indiana University Maurer School of Law. Moderator: Hannah Buxbaum , Vice President for International Affairs, Indiana University; John E. Chair in Legal Ethics and Professor of Law, Indiana University Maurer School of Law. Hosted by: Cedric Ryngaert.

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Laws Law School Statute Litigation 40

SquirePattonBoggs

JANUARY 13, 2021

In 2016 Michigan enacted a statute permitting licensed retailers (the third tier) to offer home delivery. An Indiana retailer, Lebamoff Enterprises, sued the State, arguing that the statute violated the dormant Commerce Clause by allowing in-state—but not out-of-state—retailers to deliver alcohol to Michigan residents.

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Laws Court Statute Manufacturing 55

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). Because of concerns that these contract pharmacies, which include some of the largest chains in the U.S.,

Manufacturing 52

Manufacturing Contract Statute Court 52

Constitutional Law Reporter

DECEMBER 14, 2022

Health and Hospital Corporation of Marion County, Indiana v. 1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Norfolk Southern Railway Co.:

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

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. Ensure the Validity and Compliance of All Other Product Claims.

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Manufacturing Government Laws Statute 132

At the Lectern

APRIL 28, 2022

Indiana (1972) 406 U.S. subdivision (c) and rule 4.576(b) of the California Rules of Court.” ” (Link added.) 715; In re Davis (1973) 8 Cal.3d 3d 798; U.S. 14th amend.; I, § 7; Welf. & & Inst. Code, § 5358, subds. (a)(1)(B), 4th 1025; People v.

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Court Statute Court Rules Attorney 49

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.

Court 101

Court Statute Education Administrative Law 101

HowAppealing

JANUARY 18, 2022

“Supreme Court upholds constitutionality of Indiana’s ‘revenge porn’ law”: Dan Carden of The Times of Munster, Indiana has this report. Niki Kelly of The Journal Gazette of Fort Wayne, Indiana reports that “ Indiana’s revenge-porn law upheld; State high court unanimous in Steuben County case.”

Laws 100

Laws Court Statute Lawyer 100

Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. We wrote in more detail about these changes, 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.

Calendaring 125

Calendaring Court Lawyer Lawyers 125

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

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 84

Statute Stare Decisis Court Drafting 84

JonathanTurley

OCTOBER 25, 2021

Previously in the term, Justice Amy Coney Barrett similarly declined to grant a request for emergency relief on behalf of eight students at Indiana University against a vaccine mandate. Trustees of Indiana University : Indiana University allows for medical or religious exemptions.

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Government Court Laws Law School 43

The Crime Report

JULY 15, 2022

States can and should ensure such statutes provide extensive due process protections.

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Laws Technology Court Legal 98

JonathanTurley

OCTOBER 30, 2022

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. See Pennsylvania General Assembly Statute §7102. 32; 285 S.W.

Tort 35

Tort Litigation Litigating Manufacturing 35

JonathanTurley

OCTOBER 31, 2021

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. See Pennsylvania General Assembly Statute §7102. 32; 285 S.W.

Tort 36

Tort Litigation Litigating Manufacturing 36

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. The case is Does v.

Healthcare 94

Healthcare Tort Education Court 94

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. Macy’s Parade also did not disappoint with its balloon-related mishaps.

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Tort Statute Court Criminal Law 32

SCOTUSBlog

JANUARY 13, 2021

Soon after the court issued its final late-night order, Montgomery was put to death by lethal injection at the federal execution facility in Terre Haute, Indiana. The statute does not apply to a state’s procedural rules on issues like scheduling the execution date, the government told the justices. She was pronounced dead at 1:31 a.m.

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Court Government Attorney Statute 113

SCOTUSBlog

JANUARY 29, 2024

Jane Doe 1 v. Kentucky ex rel.

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Laws Court Government Healthcare 120

JonathanTurley

OCTOBER 30, 2023

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. See Pennsylvania General Assembly Statute §7102. 32; 285 S.W.

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Tort Litigation Litigating Manufacturing 45

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. Mayor & City Council of Baltimore v. BP p.l.c. ,

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

SEPTEMBER 6, 2021

The federal death-penalty statute has a provision requiring that federal sentence implementation mimic that of the state in which the federal court sits. At the very least, Higgs raised a novel question about how the statute should apply in such a case.

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Litigation Litigating Statute Government 135

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.

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Court Statute Litigation Litigating 111

JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. COUNT TWO (Aiding and Abetting Assault and Battery). COUNT THREE (Directing Intentional Infliction of Emotional Distress). Code § 22-1322 – Incitement to Riot). Code § 22-1321 (a)(1), (a)(2), and (b)Disorderly Conduct).

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Punitive Damages Tort Statute Court 47