SCOTUSBlog

JANUARY 6, 2023

Share Ohio Adjutant General’s Department v. Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard. The union filed another unfair-labor-practice charge with the FLRA in April 2017.

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S.

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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

JURIST

JULY 2, 2022

The Texas and Ohio Supreme Courts Friday denied motions by state abortion providers seeking relief from the states’ now-effective anti-abortion laws. Just hours after Roe was overturned , Ohio Attorney General Dave Yost received permission from a federal judge that the law could take effect.

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Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Norfolk Southern Railway Co.

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Court Statute Cause of Action Contract 40

FDA Law Blog

OCTOBER 4, 2023

By Faraz Siddiqui — Last week, a federal court in Ohio denied a preliminary injunction motion by four Chambers of Commerce in their lawsuit against the Medicare Drug Price Negotiation Program. As such, that statute was unjust, confiscatory and violated their constitutional due process rights. Order at 22.

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Manufacturing Litigation Litigating Court 59

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. The product-liability tort gives companies an incentive to minimize risks while empowering litigants to seek redress for injuries. Yet it leaves the matter far from resolved.

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Tort Litigation Litigating Manufacturing 34

Paralegal Mentor

MAY 15, 2014

We discuss the Innocence Project and the Post Conviction DNA Testing Statutes that opened the door for exoneration of the innocent around the country. Professor Mitchell’s litigation experience includes practicing before the U.S. Cooley Law School.

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Paralegal Paralegals Law School Criminal Law 40

SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle.

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Litigation Litigating Tort Statute 91

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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Statute Stare Decisis Court Manufacturing 104

SCOTUSBlog

DECEMBER 8, 2021

1988), which invalidated under dormant commerce clause doctrine an Ohio law providing that the state’s statute of limitation would not run against corporations that were not present in the state and had not designated an agent for service of process. Midwesco Enterprises, Inc. relisted after the Dec. 3 conference). Luxshare, Ltd. ,

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Statute Court Contract Litigation 85

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The sophomore from New Miami High School in Ohio died from a prior medical condition at the at Land of Illusion haunted house. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. Kansas City Light & Power Company v. 32; 285 S.W. 455 (1926).

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Tort Litigation Litigating Manufacturing 36

JonathanTurley

OCTOBER 31, 2021

In Berea, Ohio, the promoters of the 7 Floors of Hell haunted house at the Cuyahoga County Fairgrounds appreciate realism but one employee took it a bit too far. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. 32; 285 S.W. 455 (1926). “A

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Tort Litigation Litigating Manufacturing 37

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.

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Statute Stare Decisis Court Drafting 81

SquirePattonBoggs

JANUARY 26, 2022

Today, the Sixth Circuit will consider another governmental mandate–this one, a tax mandate–as it hears argument (by video) in a case that pits Ohio once more against the federal government. At the time of ARPA’s enactment, Ohio stood to receive $5.4 Ohio never made any secret about its intent to take the money. 802(c)(2)(A).

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Court Statute Government Litigation 45

Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property.

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Laws Statute Court Tort 52

SCOTUSBlog

NOVEMBER 8, 2022

The plaintiff in the case is Robert Mallory, a Virginia man who worked for Norfolk Southern, a Virginia-based railroad, in Virginia and Ohio. But if Mallory prevails, he warned, “every state could have a statute like this, which would mean… that every business” could be sued anywhere in the country that it does business.

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Court Laws Lawyer Lawyers 88

SquirePattonBoggs

MAY 13, 2022

Corpus linguistics is a tool used to identify the original public meaning of words – no small thing when the outcome of a case often hinges on the meaning of a single word in a statute or the Constitution. These examples underscore corpus linguistics’ utility in ascertaining the meaning of statutes. Woodson , 960 F.3d 3d 852 (6th Cir.

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Statute Lawyer Lawyers Court 45

JonathanTurley

OCTOBER 30, 2023

Here are some of the prior selectees: __ In Berea, Ohio, the promoters of the 7 Floors of Hell haunted house at the Cuyahoga County Fairgrounds appreciate realism but one employee took it a bit too far. See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

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Tort Litigation Litigating Manufacturing 47

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. The result is a horn of plenty for litigators.

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Tort Statute Court Criminal Law 33

SCOTUSBlog

JANUARY 6, 2022

One set of challengers is a group of 27 states, led by Ohio, who argue that the mandate is “nothing more than a pretext for increasing the number of vaccinated Americans.” 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.

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Court Government Healthcare Drafting 143

Conflict of Laws

FEBRUARY 29, 2024

Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework.

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Laws Court Divorce Tort 73

SCOTUSBlog

APRIL 15, 2022

Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. In these specialized contexts, as in the statutes of old, employers are afforded the opportunity to rebut causation presumptions. But rebuttal is problematic. In Goodyear Atomic Corp.

Contract 90

Contract Government Statute Construction 90

JonathanTurley

JANUARY 19, 2022

Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. 1 (1990), an Ohio high school wrestling coach sued over an opinion column alleging that he had lied under oath at a public hearing, saying that it was tantamount to an allegation of perjury.

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Laws Tort Court Diligence 34

ClimateChange-ClimateLaw

APRIL 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. s consumer protection statute. By Margaret Barry and Korey Silverman-Koati. and non-U.S. Center for Biological Diversity v.

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Court Statute Litigation Litigating 112

JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”.

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Punitive Damages Tort Statute Court 49

The Crime Report

JULY 7, 2021

In contrast to a redistributive funding framework, Ohio State University law professor Amna Akbar argues in a December 2020 California Law Review article that scholars need to take seriously activist calls for abolishing the police. A Model for Defunding: An Evidence-Based Statute for Behavioral Health Crisis Response.

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