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24 Jun 2011, 11:42 am by Steven Schwinn - Guest
  In an opinion by Justice Thomas (writing for a majority that also included the Chief Justice and Justices Scalia, Kennedy, and Alito), the Court held that federal law only allowed generic manufacturers to petition the FDA to change their labels; unlike brand-name manufacturers, generic manufacturers cannot change their labels themselves. [read post]
23 Jun 2011, 2:35 pm by Rick Hills
Therefore, the specific action sought by the respondents was rendered impossible by federal law, even if a different action (petitioning the FDA for a revision of labeling rules) was not. [read post]
23 Jun 2011, 10:59 am by Jon Sands
., No. 08-16676 (6-22-11) (Thomas with B. [read post]
22 Jun 2011, 2:00 am by Stefanie Levine
On June 20, 2011, the United States Supreme Court granted Mayo's petition for certiorari in Prometheus Laboratories, Inc. v. [read post]
22 Jun 2011, 2:00 am by Stefanie Levine
On June 20, 2011, the United States Supreme Court granted Mayo's petition for certiorari in Prometheus Laboratories, Inc. v. [read post]
21 Jun 2011, 10:53 am by Evan Shultz
Turner’s petition for certiorari, which asked only whether there is “a constitutional right to appointed counsel at a civil contempt proceeding that results in his incarceration. [read post]
21 Jun 2011, 7:58 am by Nabiha Syed
Both the WSJ Law Blog and National Review Online Bench Memos respond to a recent New York Times article on Justice Thomas and his relationship with a Dallas real estate developer, Harlan Crow, to which James linked yesterday. [read post]
21 Jun 2011, 6:40 am
Justice Kennedy, joined by everyone but Scalia (concurring in part and dissenting in part) and Thomas (concurring in the judgment), designated the well-established Pickering test as the proper way to analyze a public employee Petition Clause claim: When a public employee petitions as a citizen on a matter of public concern, the employee’s First Amendment interest must be balanced against the countervailing interest of the government in the effective and efficient… [read post]
20 Jun 2011, 11:35 pm by Tomassi Law Associates
Judge Thomas Donovan denied the motion to dismiss, stating no legally married couple should be entitled to fewer bankruptcy rights than any other legally married couple. [read post]
20 Jun 2011, 1:56 pm by Lyle Denniston
Justice Clarence Thomas joined only the result, overturning the Third Circuit, while arguing that Petition Clause lawsuits by public employees should be allowed only when they make a claim against the government in its role as the sovereign, rather than simply as the worker’s employer. [read post]
20 Jun 2011, 1:40 pm by WIMS
Access links to the 2nd Circuit decision, briefs and petitions filed (click here). [read post]
20 Jun 2011, 10:40 am by Kali Borkoski
Justice Thomas filed a dissenting opinion, which Justice Scalia joined in full. [read post]
20 Jun 2011, 6:39 am by James Bickford
  Mark Caudill of Ohio’s Mansfield News Journal reports on a petition filed by a local judge, who is challenging a Sixth Circuit decision that he cannot hang a poster of the Ten Commandments in his courtroom. [read post]