The Crime Report

SEPTEMBER 2, 2022

And in November 2020 America elected its first president ever to openly oppose capital punishment. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. This time the court’s verdict was less equivocal, though no less divided.

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FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

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FDA Law Blog

FEBRUARY 27, 2024

But all kidding aside, some of the recent decisions we found are rather distressing. Part 1: Multiple PTEs Under the PTE statute at 35 U.S.C. § Despite a rather long history of granting multiple PTEs, in 2020, in an about-face, the PTO took the position that multiple PTEs are no longer supported by the statute.

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Statute Court Decisions Court Laws 59

FDA Law Blog

SEPTEMBER 29, 2021

Department of Health and Human Services (“HHS”), which reported that discounted purchases totaled $38 billion in 2020, a 27% increase compared to 2019. HRSA based its opinion on the statute and agency precedents over the last 25 years. Drug Manufacturers Fight Back Against Proliferation of Contract Pharmacy Arrangements. Becerra , No.

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SCOTUSBlog

APRIL 16, 2021

The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act. They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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Court Statute Lawyer Lawyers 52

The Crime Report

JUNE 23, 2022

A previous report from the Sentencing Project in 2020, No End in Sight, revealed a 66 percent increase in inmates serving life without parole since 2003. Report authors highlighted a recent Supreme Court decision in Canada. LWOP Around the Country.

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Statute Court Decisions Court 142

Patently O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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Patently O

SEPTEMBER 21, 2022

You’ll recognize Click-to-Call from the 2020 Supreme Court decision finding institution decisions ordinarily not judicially reviewable. 1367 (2020) (Thryv is a DBA name of Ingenio). The statute is not crystal clear on this point–even more so now that we recognize that partial institution was improper.

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Statute Construction Litigation Litigating 58

FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

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Manufacturing Statute Government Calendaring 59

Patently O

OCTOBER 5, 2022

In 2019/2020, Novartis purchased the portfolio from Genentech, took over prosecution of the pending cases (including some US applications) and started its enforcement campaign. The opinion conflicts with the Second Circuit’s decision in In re del Valle Ruiz , 939 F.3d 3d 520 (2d Cir. Lilly Application for Extension.

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Litigation Litigating Statute Court 61

Conflict of Laws

MAY 31, 2021

9] This approach is that a Nigerian court cannot assume jurisdiction where the cause of action arose in one State, or another foreign country. This approach is that more than one court can have jurisdiction in matters of conflict of laws where the cause of action is connected to such States. This is a discussion for another day. [1]

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Contract Cause of Action Court Laws 98

Conflict of Laws

JANUARY 11, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

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Conflict of Laws

NOVEMBER 23, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Badr, Yehya Ibrahim.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

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Drafting Laws Litigation Litigating 52

At the Lectern

NOVEMBER 24, 2021

The Courts of Appeal will also be evaluating SB 775 in three other cases, where the Supreme Court yesterday granted review, vacated the appellate court decisions, and transferred for reconsideration in light of the new legislation. Gentile (2020) 10 Cal.5th See In re White (2020) 9 Cal.5th Lopez case. (See

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Personal Injury Felony Court Government 49

Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

Court 52

Court Contract Stare Decisis Entertainment 52

Conflict of Laws

DECEMBER 7, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Patently O

AUGUST 18, 2022

In particular, if you look at the estoppel statute, it appears to apply only to claims that were part of the inter partes review. The court identifies this case as a unique situation resulting from an intervening Supreme Court decision. At that point, the district court stayed litigation until the IPR concluded in 2020.

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Litigation Litigating Court Statute 75

At the Lectern

AUGUST 19, 2021

” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. ” The court depublished the opinion of the Second District, Division Eight, in People v. 4th 522; In re Scoggins (2020) 9 Cal.5th Banks (2015) 61 Cal.4th 4th 788; People v.

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Court Laws Court Decisions Felony 40

At the Lectern

MAY 1, 2024

California Commerce Club : Does California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. The court granted review in August 2022. The court granted review in October 2022. Sundance, Inc.

Calendaring 45

Calendaring Entertainment Court Statute 45

At the Lectern

FEBRUARY 10, 2022

which the court decided two weeks ago. In Lawson , the court held that, instead of a U.S. Supreme Court decision, a California statute provides the evidentiary standard — a more plaintiff-friendly one — for whistleblower retaliation claims. The lead case is Lawson v. PPG Architectural Finishes, Inc.

Court 56

Court Statute Court Decisions Laws 56

Conflict of Laws

AUGUST 31, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Arslan, Ilyas.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Arslan, Ilyas.

Drafting 40

Drafting Laws Litigation Litigating 40

At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”

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Court Punitive Damages Statute Immigration 40

Conflict of Laws

SEPTEMBER 28, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Arslan, Ilyas.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JANUARY 11, 2024

Court decisions In 2019, a US District Judge for the Central District of California, applying Spanish law, found that court filings did not demonstrate a “willful blindness” on the part of the Museum, when it added the painting to its collection.

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Statute Laws Court Court Rules 45

JonathanTurley

MAY 25, 2021

In July 2019, Georgia Southern University (“GSU”) invited Martin to speak at the 2020 International Critical Media Literary Conference. 50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. O.C.G.A. §

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Court Rules Contract Laws Court 50

At the Lectern

MAY 30, 2024

Mayfield (2020) 50 Cal.App.5th ’ ” The appellate court also found inapplicable the Legislature’s intent statement in newly enacted Assembly Bill 600 that, in resentencing proceedings under section 1172.1 , which the bill amended, “courts have full discretion. Williams (1998) 17 Cal.4th 4th 148, 164, fn.

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Court Manufacturing Contract Attorney 45

Conflict of Laws

NOVEMBER 17, 2021

For example, a report by Singapore Academy of Law Reform Committee in February of 2020 strongly recommended introduction of appeals on question of law into international arbitration seated in Singapore, [ii] and has ignited a debate in this regard. coming into effective since October 2020?,available iii] Article 26.8

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JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

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Court Statute Laws Healthcare 208

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 166-172 (available here ) Brand, Ronald A. 2019-02, pp 1-35 Brand, Ronald A.

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Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. — Dennis Crouch.

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Statute Court Litigation Litigating 78

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 166-172 (available here ) Brand, Ronald A. 2019-02, pp 1-35 Brand, Ronald A.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 166-172 (available here ) Brand, Ronald A. 2019-02, pp 1-35 Brand, Ronald A.

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Drafting Laws Litigation Litigating 40

Constitutional Law Reporter

AUGUST 2, 2023

Borrowers with eligible federal student loans who had an income below $125,000 in either 2020 or 2021 qualified for a loan balance discharge of up to $10,000. Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan.

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Court Education Drafting Legal 52