Monday status conference: The pre-election edition

Today the U.S. Supreme Court is set to hand down orders before kicking off this month’s oral arguments with Wyeth v. Levine, which considers whether state tort claims over FDA-approved drugs are preempted by federal law. DC Dicta will bring you the highlights of arguments in the case, as well as any newsworthy cert grants, later today.


No S***: If you were hoping to hear the “F” word and the “S” word being said at the Supreme Court Tuesday, you better head over to the Court to listen to oral arguments in person. Chief Justice John G. Roberts, Jr. decided not the release same-day audio of Tuesday’s oral arguments in a case considering whether the FCC can impose fines for so-called fleeting expletives. The written transcript, however, will be available about an hour after oral arguments conclude in the case Tuesday morning. (SCOTUSBlog)

Civic duty? Tomorrow is Election Day, which means 24 hours from now, tens of thousands of attorneys will be dispatched to polling places and courts to take care of any voting-related shenanigans that might ensue. (Politico)

And you thought no one cared about the World Series: While DC Dicta stopped paying attention to postseason baseball when the Red Sox lost, Justice Samuel Alito – a Phillies Phan – is pretty happy about how it all worked out. (Legal Times)

Lawyers must get cryptic: Lawyers and law firms will need to evaluate their data systems to make sure they are in compliance with the new state laws requiring encryption for data in transit. (Lawyers USA)

Baby bottle drama: A report issued last week by a panel of scientific experts says the Food and Drug Administration ignored studies showing possible health hazards from a chemical commonly used in baby bottles, sippy cups and other products.The panel, comprised of members of the Science Advisory Board and other scientists and academics, said that the agency should not have excluded a number of studies citing concerns about the chemical from draft safety assessments released in August. (Lawyers USA)

I am not a crook! Sen. Ted Stevens says he is not a convicted felon, at least until the appeal process is over. He’s also asking the Justice Department to investigate the conduct of federal prosecutors who participated in the trial that led to his conviction for lying about home renovations and gifts he received from a wealthy businessman. (AP)

Even the Vice President gets sued:  A group suing Dick Cheney to preserve a wide range of records from his time as vice president can depose one of his top aides, federal courts ruled Friday. (AP)


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