state law

CSG Midwest
With nearly 700,000 workers employed in more than 12,000 firms, Ohio has the third-highest number of manufacturing jobs in the nation. That number, state Rep. Mark Romanchuk says, could be even higher. “Many good-paying manufacturing jobs are going unfilled,” he notes.
Ohio is not alone.
According to the National Association of Manufacturers, 2.4 million manufacturing jobs will go unfilled across the nation over the next decade. Among the factors: low unemployment, a shortage of qualified workers, and retirement rates that are outpacing the entry of younger workers into this sector. In addition, despite competitive pay and good benefits, manufacturing jobs are often viewed as being low-skilled and undesirable, carrying the image of dirty factories filled with assembly lines and repetitive work.
Ohio policymakers are hoping to dispel these misconceptions by giving more young people early exposure to real-world, on-the-job experiences. Included as part of this year’s biennial budget bill, HB 166, the Manufacturing Mentorship Program will allow 16- and 17-year-old students to work part-time in manufacturing jobs. Previously, any minor working in a manufacturing facility had to be enrolled in a career technical education program.

In Mitchell v. Wisconsin the Supreme Court held that generally when police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are permissible. The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result.

By the time the police officer got Gerald Mitchell from his car to the hospital to take a blood test he was unconscious. Mitchell’s blood alcohol content (BAC) about 90 minutes after his arrest was 0.222%.

Wisconsin and twenty-eight other states allow warrantless blood draws of unconscious persons where police officers have probable cause to suspect drunk driving.

The Supreme Court held 6-3 in Virginia Uranium v. Warren that Virginia’s statute prohibiting uranium mining isn’t preempted by the federal Atomic Energy Act (AEA).

The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result. The SLLC brief encouraged the Court to not inquire into the intent of the Virginia legislature in deciding whether the statute was preempted. Justice Gorsuch, writing for himself and Justices Thomas and Kavanaugh, went to such great length discussing “the perils of inquiring into legislative motive,” that Justices Ginsburg, joined by Justices Sotomayor and Kagan, only joined his plurality opinion as to its result (not its reasoning).

Merck v. Albrecht is a simple issue contained in a long story.

In 2009 in Wyeth v. Levine the Supreme Court held that federal law preempts state law failure to warn claims that a drug manufacturer failed to change a drug label if there is “clear evidence” the Food and Drug Administration (FDA) would not have approved the label change. In Merck v. Albrecht a unanimous Supreme Court held that a judge rather than a jury determines if the FDA would have approved the change.

The federal Food, Drug, and Cosmetic Act (FDCA) provides no federal remedy for unsafe and ineffective drugs but state law may in the form of a failure to warn claim. The FDA allows manufacturers to change warnings on drug labels when newer drug safety information becomes available. The Supreme Court has held if the FDA would not have approved a drug label change, which a state failure to warn law would have required, the FDCA preempts the state law claim.

CSG Midwest
By 2022, every hospital emergency room in Illinois must have staff that can provide specialized care to victims of sexual assault. This new requirement is the result of HB 5245, a bill passed unanimously by the General Assembly and signed into law this summer. Under the law, a trained provider will have to be present in the emergency room within 90 minutes of the patient arriving in the hospital. According to the Illinois attorney general’s office, few hospitals currently provide specialized care for sexual assault victims.

Pages