Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

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There is no dispute that the Facebook messages Billy Raymond Counterman sent to local Colorado musician Coles Whalen made her feel afraid. For years, Counterman sent increasingly menacing messages in which he suggested that he had seen Whalen – who is identified only by her initials in court documents, but who has discussed the case on her website – while driving and made comments such as “Die” and “Fuck off permanently.” Whalen told a family member that she was

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Washington family counselor challenges state’s ban on conversion therapy

Washington family counselor challenges state’s ban on conversion therapy

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Conversion therapy, the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling, is outlawed or heavily restricted in roughly half of the country. This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state … Read the rest

Shameless Plug: Reed Smith team authors product liability chapter for digital health law guide

As our loyal readers know, the blog has been keeping a close eye on plaintiffs’ efforts to apply product liability law to software . This is of course an area of keen interest to medical device, software, and tech companies active or entering the digital health space.

The blog’s own Eric Alexander, with Reed Smith co-authors Gerry Stegmaier, Jamie Lanphear, and Michael Rubayo, has now written a very thorough chapter on this subject for the International Comparative Legal Guides’ fourth … Read the rest

Announcement of opinions for Friday, April 14

Announcement of opinions for Friday, April 14

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On Friday, April 14, we will be live blogging as the court releases opinions in one or more argued cases from the current term.

Click here for a list of FAQs about opinion announcements.

 

The post Announcement of opinions for Friday, April 14 appeared first on SCOTUSblog.

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Consumer Expectations Test Cannot Save Design Defect Claim from Preemption

When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it.  Otherwise, we’d be required to turn in our bar card, our defense hack card, and our friendly neighborhood DDL blogger card.  

In Polson v. AstraZeneca Ltd. Partnership,  2023 WL 2770687 (D.Conn. April 4, 2023), the plaintiff had taken medicine to address constipation caused by opioid pain treatments. She alleged that the anti-constipation medicine caused her to suffer life threatening … Read the rest

The morning read for Tuesday, April 11

The morning read for Tuesday, April 11

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read:

  • Justice Department asks Supreme Court to reverse ruling striking down bump stock ban (Tierney Sneed, CNN)
  • Abortion Pill Ruling May Face Headwinds at the Supreme Court (Adam Liptak, The New York Times)
  • Unusual Moves, a Slow Start, and What We Should Expect from the Remainder of the Term (Adam Feldman, Empirical SCOTUS)
  • Senate panel
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Ohio State asks court to toss lawsuits over sexual abuse by former university physician

Ohio State asks court to toss lawsuits over sexual abuse by former university physician

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Over a period of 20 years, the late Dr. Richard Strauss sexually abused at least 177 male students in his role as a physician with the Ohio State University’s athletics department and student health center. This week, we highlight cert petitions that ask the court to consider, among other things, … Read the rest