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19 Feb 2025, 10:35 am
The issue here: what happens if the plaintiff sues in state court under state and federal law, the case is removed to federal court (because of the federal claim), and the plaintiff then drops the federal claim in order to return to state court? [read post]
28 Aug 2015, 6:32 am
Schwinn, John Marshall Law School The Ninth Circuit yesterday upheld federal laws criminalizing sexual assaults in facilities where federal inmates are held by agreement with state and local governments. [read post]
15 Oct 2021, 7:30 am
The dashboard explains each federal and state program, and how much has been received and spent to date. [read post]
15 Oct 2021, 7:30 am
The dashboard explains each federal and state program, and how much has been received and spent to date. [read post]
4 Mar 2020, 6:47 am
Garcia that federal immigration law does not preempt a state prosecution for identity theft. [read post]
18 Jan 2011, 6:27 am
Moreover, a federal court’s decision denying class certification under the Federal Rules of Civil Procedure cannot collaterally estop a decision by a West Virginia court applying that state’s procedural rules. [read post]
12 Dec 2017, 9:32 am
As we’ve noted before, in a federal system, individuals receive services from federal, state, and municipal governments. [read post]
3 Nov 2015, 11:04 am
As stated above, the penalties for a federal drug conviction are much harsher in most cases than state penalties. [read post]
14 Apr 2021, 2:17 pm
With President Joe Biden issuing a flurry of executive actions last week to strengthen federal gun laws, state representatives across the country are working in the opposite direction, taking a page from the playbook of immigration activists by advancing legislation that would make their enforcement illegal. [read post]
22 Aug 2023, 2:13 pm
But civil cases arising under state law can also be filed in federal court, if they involve more than $75K and the parties are all citizens of different states (known as "complete diversity of citizenship"). [read post]
22 Apr 2008, 2:32 pm
Another BJS report estimated that 44 percent of state inmates and 39 percent of federal inmates reported a current medical problem other than a cold or a virus.Sixteen states and the federal system reported a decrease in the number of HIV-infected prisoners and 25 states reported an increase from 2005 through 2006. [read post]
3 Dec 2021, 1:06 pm
Thus, for now, the federal contractor mandate is stayed in three states – Ohio, Kentucky and Tennessee. [read post]
19 Dec 2016, 5:01 am
A “race to the bottom” in state workers’ compensation laws has the Labor Department calling for “exploration” of federal oversight and federal minimum benefits. [read post]
14 Dec 2015, 6:18 am
My time as the public relations intern at State and Federal has come to an end. [read post]
6 Apr 2010, 10:07 pm
Ohio, like many other states, engages in liberal departures from the federal standard on such issues as exhaustion of administrative remedies, time periods for filing claims, individual liability for supervisors and managers, and damages. [read post]
8 Nov 2013, 8:10 am
That case involves the Class Action Fairness Act of 2001 (the “CAFA”), which allows defendants to remove to federal court large class actions filed in state court. [read post]
30 Nov 2006, 6:57 am
Mummagraphics, which ruled that the federal CAN-SPAM law pre-empts state spam laws. [read post]
18 Aug 2016, 8:24 am
It was the position of federal prosecutors that this ban didn’t undercut their right to go after those who cultivate and distribute the drug under federal law – even in states where marijuana was legal. [read post]
10 Apr 2024, 10:00 pm
In this edition of an ongoing series on ediscovery issues and best practices for The Legal Intelligencer , Lindsey Bonafede and Leonard Impagliazzo explore the discovery landscape for complex litigations that often have parallel matters in state or federal courts. [read post]
18 Dec 2023, 10:00 pm
Since our publication on disenrollments caused by the “unwinding” of Medicaid’s continuous enrollment condition , the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule on December 6, 2023 implementing the requirement under the Consolidated Appropriations Act for CMS to withhold federal Medicaid funding from states that do not report monthly unwinding data. [read post]
