Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. The FDA is headquartered in Maryland, and that was the office that received the ANDA documents. and probably also in Maryland, but not in N.J. Celgene Corp. Mylan Pharma ( Fed.

Statute 95

Statute Manufacturing Court Decisions Court 95

Gravel2Gavel

MAY 27, 2021

The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court? In this case, both the Maryland federal district court and the U.S. SUPREME COURT. BP PLC, et al.

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Statute Court Administrative Law Laws 45

SCOTUSBlog

JANUARY 18, 2021

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. Under federal law, cases filed in state court can be transferred – the technical term is “removed” – to federal court if they meet one of several criteria. Arguments of the oil companies.

Statute 130

Statute Court Reporting Court Court Reporter 130

FDA Law Blog

SEPTEMBER 30, 2022

Kirschenbaum — In November 2020, we blogged about a decision by the Federal District Court of Maryland dismissing a Federal False Claims Act (FCA) qui tam suit alleging that Forest Laboratories knowingly reported inflated best prices under the Medicaid Drug Rebate Program (MDRP), resulting in underpayment of rebates. Burr , 551 U.S.

Court Decisions 40

Court Decisions Statute Court Manufacturing 40

SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may ultimately prove dispositive in BP v. Justice Stephen Breyer appeared unconvinced.

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Statute Court Government Laws 100

JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. Hogan: “I would respectfully request that you direct the Maryland State Police to enforce Maryland and Montgomery County laws that squarely prohibit picketing at the homes of Supreme Court Justices who reside in Maryland.”

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Court Laws Statute Constitutional Law 42

SCOTUSBlog

MAY 27, 2022

Maryland , a defendant must show that he could not have obtained the suppressed, exculpatory evidence through his own independent efforts of “self-help” or “due diligence” as the U.S. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C. In Blankenship v. Blankenship v.

Diligence 75

Diligence Government Statute Misdemeanor 75

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

Statute 119

Statute Construction Court Felony 119

The Crime Report

JULY 29, 2021

The report says that as a consequence of bias in the criminal justice system, the statutes meant to protect racial minorities and marginalized groups are less effective. Hate crime laws in the U.S. Advocates are quoted in the report claiming that existing laws can discourage hate crime victims from coming forward.

Laws 59

Laws Immigration Statute Court 59

SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C. 17 and Mar.

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Statute Court Administrative Law Government 107

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

SCOTUSBlog

SEPTEMBER 17, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing two of his customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. Hansen appealed to the U.S. Court of Appeals for the 9th Circuit. In United States v. Mansfield v.

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Immigration Statute Government Tort 75

FDA Law Blog

OCTOBER 12, 2022

For example, the Maryland standing order allows all Maryland licensed pharmacists to dispense naloxone, including any necessary sup??plies By statute, certain activities are automatically excluded from particular DSCSA requirements upon the declaration of a public health emergency under section 319 of the PHS Act.

Healthcare 52

Healthcare Manufacturing Statute 52

ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM Interconnection had identified grid congestion across the Pennsylvania-Maryland border and concluded that such congestion had led to approximately $800 million in costs from 2012 to 2016. For instance, in its 2013 report on Policies for a Modern and Reliable U.S.

Court 73

Court Construction Laws Government 73

Patently O

MARCH 16, 2024

The statute reads, in relevant part: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. Maryland , 378 U.S. ” 42 U.S.C. Quoting Griffin v. 130 (1964).

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Government Court Statute Cause of Action 64

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

Manufacturing 59

Manufacturing Statute Court Decisions Court 59

The Crime Report

OCTOBER 3, 2023

Fifty sexual abuse survivors have opened a lawsuit against the Maryland government, alleging rampant sexual abuse of young people in six of the states juvenile justice facilities over five decades, Erin Cox and Steve Thompson report for the Washington Post.

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Statute Lawyer Lawyers Government 40

SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc. 28 and Oct.

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Tort Construction Court Felony 93

ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure.

Statute 57

Statute Government Court Laws 57

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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Government Construction Court Statute 96

Broadcast Law Blog

MAY 15, 2012

By federal statute, sponsors of "electioneering communications" must disclose the names and addresses of each donor who contributed $1000 or more to the sponsoring organization. " Maryland Rep. This is is the provision that led to the US District Court decision at issue.

Statute 40

Statute Court Decisions Court Laws 40

At the Lectern

APRIL 29, 2021

Maryland (1963) 373 U.S. ” (Emphasis added.) A divided unpublished Fifth District opinion affirmed convictions for lewd acts on a minor and found harmless the superior court’s mistaken interpretation of a sentencing statute. ” Denying review in Howard Jarvis Taxpayers Association v.

Court 49

Court Compensatory Damages Attorney Construction 49

FDA Law Blog

JUNE 16, 2023

Importantly, “price increase” is not defined in this statute. We expect the Minnesota law to face Commerce Clause, vagueness, and possibly other constitutional challenges, similar to those brought against a generic price gouging prohibition in Maryland that was struck down by the Fourth Circuit in 2018 (see our post here ).

Manufacturing 45

Manufacturing Calendaring Healthcare Statute 45

SCOTUSBlog

OCTOBER 5, 2023

22-1148 Issue : Whether a worker planted in a business to collect information for their true employer, and who does so in nonpublic areas of the business, is immunized by the First Amendment from an action for trespass and breach of loyalty created by a content-neutral statute of general applicability. Maryland and Napue v.

Court 106

Court Tort Litigation Litigating 106

The Crime Report

DECEMBER 19, 2023

In April, the Maryland legislature passed a landmark law called the Child Victims Act, which repealed the statute of limitations and permits survivors of child abuse to file civil lawsuits at any time. The deadline is a compromise between the Feb. The law took effect on Oct.

Finance 40

Finance Statute Court Laws 40

SCOTUSBlog

MAY 26, 2023

The Supreme Court has issued a number of decisions in recent years limiting the reach of the federal wire-fraud statute, which outlaws the use of “the wires” – including internet and phone lines – to commit fraud. As part of its retention efforts, Yukom employees emailed two investors in Maryland and contacted a third by phone call.

Statute 73

Statute Depositions Immigration Court 73

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 97

Construction Statute Felony Court 97

FDA Law Blog

APRIL 3, 2023

Kirschenbaum — On March 31, the Federal District Court for the District of Maryland upheld CMS’s definition of a “new formulation” under the Medicaid Drug Rebate Program (MDRP). Under the statute, a line extension is a ‘new formulation” that is not an abuse-deterrent formulation. Vanda Pharmaceuticals, Inc. MJM-22-977 (Dist.

Court 59

Court Manufacturing Statute 59

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 77

Statute Stare Decisis Court Drafting 77

SCOTUSBlog

MARCH 16, 2023

And she argues that Dobbs has nothing to do with mootness, because she was arguing her due process rights were violated through Chapman’s “ graft[ing] [of] a new notice requirement onto a statute that does not require notice ” rather than because of her abortion rights alone. But Doe nonetheless states that she does not oppose vacatur.

Court 17

Court Statute Litigation Litigating 17

The Crime Report

MAY 4, 2022

Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes.

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Court Court Reporting Court Reporter Felony 128

The Crime Report

AUGUST 31, 2021

Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. These cases gave way to more filings against Big Tech, namely Facebook, Twitter, Salesforce, and others. The remedy should be clear.

Statute 132

Statute Tort Litigation Litigating 132

FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

Manufacturing 59

Manufacturing Statute Government Calendaring 59

SCOTUSBlog

OCTOBER 3, 2023

Even if she never intended to stay at the hotel, the court of appeals concluded, “she was still injured in precisely the way the statute was designed to protect.” The hotel’s failure to do so, the court of appeals explained, gives Laufer the right to sue. The hotel went to the Supreme Court, asking the justices to weigh in.

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Court Litigation Litigating Attorney 95

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. Maryland ; and (2) whether suppressed impeachment evidence of the state’s key witness is per se non-material under Brady because that witness’ credibility had been otherwise impeached at trial. Maryland and Napue v. Nelson ,…517 U.S. relisted after the Sept.

Laws 78

Laws Court Personal Injury Tort 78

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

Court 54

Court Government Litigation Litigating 54

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Supreme Court determined was preempted in Hughes v.

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Court Litigation Litigating Attorney 40