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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. Decedent himself ultimately accepted a settlement in lieu of further litigation.

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Justices take up Native health care funding cases and a dispute over sentencing guide

SCOTUSBlog

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.”

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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule

Constitutional Law Reporter

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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Compassionate-release, the First Step Act, and jurors on social media

SCOTUSBlog

When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. In Loughry v. The First Step Act amended 18 U.S.C. § Courts of Appeals, erred in concluding that Chadbourne & Parke v.

Statute 90
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More Venue and Corporate Games: This time with ANDA filing

Patently O

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. Celgene Corp. Mylan Pharma ( Fed. Lets talk first about acts of infringement.

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As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River

SCOTUSBlog

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Over one hundred years ago, the Supreme Court found that the creation of Indian reservations arising from Indian land cession treaties in the arid west necessarily created Indian reserved water rights.

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. PJM therefore concluded that there was a public need for the project, based on FERC-approved methods for determining public need.

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