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16 Nov 2021, 1:49 pm by Jonathan H. Adler
[As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.] [read post]
16 Nov 2021, 10:20 am by Jonathan H. Adler
[In rejecting Breeze Smoke's application for a stay of the FDA's rejection of their product applications, the Sixth Circuit disagrees with the Fifth Circuit.] [read post]
15 Nov 2021, 7:34 pm by Jonathan H. Adler
[The vast majority of law firm contributions to political candidates go to one party.] [read post]
15 Nov 2021, 3:50 pm by Jonathan H. Adler
[While the court identified serious problems with the new OSHA regulation requiring larger employers to vaccinate or test their workers, its opinion was rushed and sloppy.] [read post]
12 Nov 2021, 9:17 am by Jonathan H. Adler
[A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles. [read post]
12 Nov 2021, 9:01 am by Jonathan H. Adler
[A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.] [read post]
11 Nov 2021, 7:10 am by Jonathan H. Adler
[The FTC is apparently taking actions based upon votes cast by a Commissioner who is no longer on the Commission.] [read post]
10 Nov 2021, 1:49 pm by Jonathan H. Adler
[In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.] [read post]
10 Nov 2021, 9:32 am by Jonathan H. Adler
[The full court will consider the proper standard for judicial review of COVID restrictions in religious institutions.] [read post]
4 Nov 2021, 2:59 pm by Jonathan H. Adler
[The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.] [read post]
4 Nov 2021, 2:59 pm by Jonathan H. Adler
[The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.] [read post]
4 Nov 2021, 6:55 am by Jonathan H. Adler
[The federal standard contains some carve outs that were not part of the White House announcement, likely to help insulate rule from legal challenge.] [read post]
31 Oct 2021, 9:48 am by Jonathan H. Adler
[However the Supreme Court handles the S.B. 8 litigation, it may unleash mischief in other policy areas.] [read post]
29 Oct 2021, 2:03 pm by Jonathan H. Adler
[A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.] [read post]
27 Oct 2021, 4:02 pm by Jonathan H. Adler
[Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications ] In 2016 the Food & Drug Administration "deemed" electronic cigarettes, vaping pens, and other electronic Nicotine delivery systems ("ENDS") to be "tobacco products" under the Family Smoking Prevention and Tobacco Control Act. [read post]
27 Oct 2021, 7:24 am by Jonathan H. Adler
[Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.] [read post]
23 Oct 2021, 6:53 am by Howard Bashman
“The Firearms Policy Coalition Targets Texas S.B. 8; The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law”: Jonathan H. [read post]