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National Law Journal

3rd Circuit Judges Zero In on Constitutional Challenges to Medicare Drug Pricing Program

Part of the drugmakers' argument is that the federal scheme violates the First Amendment by compelling speech.
6 minute read

National Law Journal

Supreme Court Reinstates Horseracing Safety Law, Blocks 5th Circuit Decision

The legislation was a response to a high number of incidents plaguing the world of horse racing. In 2019, for instance, Congress found that 441 thoroughbreds died from injuries related to racing, a far greater fatality rate than in other parts of the world.
4 minute read

The Legal Intelligencer

Marketing Co. Sues to Stop Pa.'s New Bar on Lawyers Soliciting Clients Through Text

Among the recently approved rule changes is the addition of commentary explaining that the bar on attorneys using "live, in-person contact" to solicit work extends to contact made through text messaging.
4 minute read

Texas Lawyer

Texas Supreme Court Lets Drunk Drivers Take the Fifth After Drinking a Fifth

"Although the Fifth Amendment privilege against self-incrimination is not absolute, the Texas Supreme Court found it trumps the discovery needs of civil litigants, even if the privilege effectively bars a civil action from proceeding forward," according to Quentin Brogdon of Crain Brogdon.
7 minute read

National Law Journal

Why ACLU's New Legal Director Says It's a 'Good Time to Take the Reins'

"Applying Chevron deference in immigration cases and deferring to the Board of Immigration Appeals is like deferring to the prosecution on the meaning of criminal law," Cecillia Wang said. "The Loper Bright decision represents an opportunity to hit the reset button in places where courts have inappropriately deferred to agency interpretations of the laws that Congress enacted."
8 minute read

Connecticut Law Tribune

'This Case Was My Life': Solo Practitioner Gets $4.9M Settlement

"You had to really have a vision of what was happening here," solo practitioner Michelle Holmes said. "This idea that people got fired over complaining about a porta-potty in the parking lot, nobody could really see the First Amendment component of the case. ... I really dug deep and I could see what the case was about."
3 minute read

Daily Report Online

Standing to Sue? 3rd-Party Discrimination Dispute Lands Before Justices

"What is the violation of your client's own rights?," Justice Andrew A. Pinson asked appellant counsel during oral arguments Tuesday.
7 minute read

New York Law Journal

The Supreme Court Revisits Retaliatory Arrests

Martin Schwartz discusses the legal landscape for individuals challenging the constitutionality of what they believe to be a retaliatory arrest.
12 minute read

National Law Journal

ACLU's Strangio Will Become First Openly Trans Attorney to Argue at Supreme Court

The case, U.S. v. Skrmetti, is the first time the Supreme Court will consider the constitutional right of trans youth to obtain access to gender-affirming care like hormone therapy and puberty blockers.
4 minute read

Daily Report Online

Tune in Tuesday: Georgia Supreme Court Bears Down on Final Oral Arguments of 2024

Supreme Court of Georgia to hear constitutional challenges surrounding custody and discrimination disputes during Oct. 22 oral argument session. The court will have two in December and has set its final arguments for December.
3 minute read

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