Dormant Commerce Clause--Extraterritoriality Doctrine--Fourth Circuit Invalidates Maryland Statute Regulating Price Gouging in the Sale Of Generic Drugs.--Association for Accessible Medicines v. Frosh, 887 F.3d 664 (4th Cir. 2018)
Civil Rights--Eighth Amendment--Third Circuit Holds Parents of Mentally Ill Young Man Held in Solitary Confinement Stated Claims of Cruel and Unusual Punishment.--Palakovic v. Wetzel, 854 F.3d 209 (3d Cir. 2017)
Tort Law--Expert Testimony in Asbestos Litigation--District of South Carolina Holds the Every Exposure Theory Insufficient to Demonstrate Specific Causation Even If Legal Conclusions are Scientifically Sound.--Haskins v. 3m Co., Nos. 2:15-cv-02086, 3:15-cv-02123, 2017 WL 3118017 (D.S.C. July 21, 2017)
Antitrust Law--Hospital Mergers--Third Circuit Clarifies Geographic Market Definition and Raises Bar for Efficiencies Defense
Preemption — ERISA Preemption — Sixth Circuit Holds That ERISA Does Not Preempt Michigan Medicaid Tax Law
The Psychology of Cruelty: Recognizing Grave Mental Harm in American Prisons
Physically Intrusive Abortion Restrictions as Fourth Amendment Searches and Seizures: A new conceptual avenue for challenging abortion restrictions
Hobby Lobby, corporate law, and the theory of the firm: why for-profit corporations are RFRA persons
National Federation of Independent Business v. Sebelius: the Patient Protection and Affordable Care Act
Affordable convergence: "reasonable interpretation" and the Affordable Care Act
Constitutional law -- free exercise clause -- Ninth Circuit rejects strict scrutiny for pharmacy dispensing requirement. -- Stormans, Inc. v. Selecky, 571 F.3d 960 (9th Cir. 2009)
Employment law -- Family and Medical Leave Act of 1993 -- Department of Labor regulations alter substitution of paid leave provision under the FMLA. -- FMLA Final Rule, 73 Fed. Reg. 67,934 (Nov. 17, 2008) (codified at 29 C.F.R. pt. 825 (2009))
Constitutional law--substantive due process--Pennsylvania Supreme Court holds that criminal defendant's best interests justify forcible medication.--Commonwealth v. Sam, 952 A.2d 565 (Pa. 2008)
State constitutional law - same-sex relations - Supreme Court of Michigan holds that public employers may not provide healthcare benefits to same-sex domestic partners of employees. - National Pride at Work, Inc. v. Governor of Michigan, 748 N.W.2d 524 (Mich. 2008)
Tort law - loss of a chance doctrine - Massachusetts Supreme Judicial Court accepts loss of a chance in medical malpractice suits. - Matsuyama v. Birnbaum, 890 N.E.2d 819 (Mass. 2008)
Health law - genetics - Congress restricts use of genetic information by insurers and employers. - Genetic Information Nondiscrimination Act of 2008, Pub. L. No. 110-233, 122 Stat. 881 (to be codified in scattered sections of 26, 29, and 42 U.S.C.)
First amendment -- California Supreme Court holds that free exercise of religion does not give fertility doctors right to deny treatment to lesbians. -- North Coast Women's Care Medical Group, Inc. v. San Diego County Superior Court, 189 P.3d 959 (Cal. 2008)