Remove 2022 Remove Court Remove Mens Rea
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Hong Kong court convicts two former Stand News journalists of sedition

JURIST

” Furthermore, Kwok also ruled that the prosecution could establish the defendant’s mens rea by proving that the defendant, aware of the seditious intent within a publication, disregarded the consequence of publishing it. The trial began in October 2022, with an initial ruling expected in October 2023.

Mens Rea 104
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Good Doc, Bad Doc: Supreme Court Finds Prescriber Knowledge Counts

FDA Law Blog

Palmer — On June 27, 2022, in one of the last opinions issued during its current term, a majority of the U.S. Supreme Court (six justices) issued a noteworthy opinion on criminal liability related to prescribers of controlled substances. The Supreme Court granted certiorari to resolve the Circuit split. Gilbert & Karla L.

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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

SquirePattonBoggs

Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery offense, R.C. The Sixth Circuit reversed the District Court’s contrary decision. Borden ’s mens rea requirement mattered here because, on its face, R.C. White , No.

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Cannabis, property tax opinions filing tomorrow

At the Lectern

Tomorrow morning, the Supreme Court will file its opinions in Wheeler v. The issues as summarized by court staff when review was granted are: (1) Can a trial court dismiss a strict liability offense pursuant to Penal Code section 1385 based in part on a defendant’s lack of knowledge concerning the offense?

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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

July 25, 2022. That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Pfizer, Inc. Department of Health and Human Services et al.

Statute 98
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Venue (and Changing Venue) in Criminal Trade Secret Cases

Patently O

US , 21-1576 (Supreme Court 2022). Supreme Court, Smith argues that venue was improper in Florida. In analyzing proper venue in Federal criminal cases the courts have a two-step approach: (1) identify the essential conduct elements of the crime; and (2) determine where those conduct elements were committed. ” U.S.