JURIST

JANUARY 16, 2022

Ward raises the issue of whether a prisoner can be executed by means that are not authorized by statute when the authorized means of execution, lethal injection, is potentially unconstitutional. The post SCOTUS adds five more cases to Spring 2022 docket appeared first on JURIST - News. Finally, Shoop v.

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JURIST

NOVEMBER 29, 2024

If an arrest warrant is issued, Min Aung Hlaing must appear at trial per Article 58(1)(b) of the Rome Statute. ICC member countries are obligated to arrest and transfer him to the court if he enters the territory under Article 86 of the Statute. No time limit is imposed on the ICC judges’ decision regarding the arrest warrant.

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Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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JURIST

JUNE 25, 2024

The ICC’s judges believe there are reasonable grounds to hold Shoigu and Gerasimov responsible for a series of missile strikes on Ukraine’s “electric infrastructure from at least 10 October 2022 until at least 9 March 2023.” Reactions to the warrants have been swift.

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. E2021-00189-COA-R3-CV, 2022 WL 3092906 (Tenn. In Costner v. internal citation and quotations omitted).

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FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). July 25, 2022. Pfizer, Inc. Department of Health and Human Services et al.

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Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. In Jones v. Smith & Nephew Inc. , Code Ann. §

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Mondaq

MAY 5, 2022

On April 25, 2022, the U.S. Court of Appeals for the Sixth Circuit addressed the application of the statute of limitations under the Comprehensive Environmental Response, Compensation, and Liability Act.

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JURIST

AUGUST 7, 2024

The case , filed by Ukraine on February 26, 2022, disputes Russia’s assertion that Ukraine engaged in genocidal acts in the Luhansk and Donetsk regions, which Russia had cited as grounds for launching a “special military operation” and invading the regions.

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JURIST

JUNE 14, 2024

Russia employed starvation as a method of warfare during their 85-day siege of Mariupol in 2022, said a report published on Thursday by Global Rights Compliance (GRC). The systematic crimes were intended to accelerate the capture of Mariupol, which was ultimately declared in May 2022.

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Mondaq

DECEMBER 8, 2021

A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. 3)(c) by eliminating the current statute of repose for latent claims.

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JURIST

OCTOBER 20, 2022

Russian Federation under Article 63 of the ICJ Statute. Article 63 of the Statute of the ICJ , stipulates “the right to intervene in the proceedings,” with the caveat that “the construction given by the judgment will be equally binding” upon an intervening State, not just the States directly party to the dispute.

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JURIST

JANUARY 22, 2024

The Philippines became a party to the Rome Statute , the founding treaty of the ICC, in November 2011. However, it withdrew from it in 2018 in accordance with Article 127 of the statute. Following the commencement of the preliminary examination, the Philippines subsequently withdrew from the statute.

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Mondaq

JULY 21, 2022

On July 18, 2022, the New Jersey Supreme Court issued a decision interpreting New Jersey's Direct Action Statute, N.J.S.A. 17:28-2, and held that a claimant that pursues.

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SquirePattonBoggs

FEBRUARY 14, 2023

2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. In other words, the statute does not say what state of mind the defendant must possess in displaying, brandishing, indicating possession of, or using a deadly weapon. And in United States v.

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JURIST

MARCH 24, 2023

Congress must pass appropriation statutes in order for the government to spend money. They cited the specific statute, 12 U.S.C. The court’s ruling directly conflicted with a 2022 ruling in the US Court of Appeals for the Fifth Circuit. The intent of the clause was to limit the executive branch’s spending power.

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JURIST

NOVEMBER 7, 2023

” The case, originally filed in December 2022, alleged that Cencora “fueled” the opioid crisis by repeatedly ignoring reports of suspicious prescriptions for medications they distributed being filled at pharmacies as early as 2014, with the government seeking $1 billion in damages.

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Patently O

NOVEMBER 30, 2022

The statute also charges the committee with preparing an annual report. The committee is charged with reviewing “policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office … and advise the Director on these matters.” ” 35 USC 5.

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Statute 69

Mondaq

AUGUST 3, 2022

In July 2022, the US Court of Appeals for the Ninth Circuit held that the Copyright Act's three-year statute of limitations for copyright infringement claims, 17 U.S.C. §

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JURIST

SEPTEMBER 3, 2024

Mongolia has been a ratifying party to the Rome Statute of the ICC since 2002 and thereby under a legal obligation to enforce ICC arrest warrants. Russia is not a party to the Rome Statute and has not recognized the jurisdiction of the court.

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FDA Law Blog

JUNE 15, 2022

S. _ (2022). Writing for a unanimous court, Justice Kavanaugh explained that the Medicare statute provides CMS a choice between two options on how to set reimbursement rates for drugs provided in the hospital outpatient setting. The statute sets this “average price” as ASP plus 6%. Becerra, No. 20-1114, 596 U. dissenting).

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SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Broadcast Law Blog

SEPTEMBER 19, 2022

The FCC also announced that broadcast licensees can look up their Fiscal Year (FY) 2022 regulatory fee amounts by logging onto the FCC’s website at [link] and clicking on the “View Fee Information and Exempt Status for any Broadcast Property” link. In some instances, it may be necessary to clear your browser before logging onto the website.

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JURIST

MAY 1, 2022

Libya is not a party to the Rome Statute. In March 2022, the Office for the UN High Commissioner for Human Rights (OHCHR) expressed concern over the “deepening crackdown” on civil society in Libya, including arbitrary arrests and vilification campaigns on social media. The ICC began its investigation in March 2011.

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JURIST

NOVEMBER 24, 2023

Prosecutors filed for a confirmation of charges hearing against Kony on 24 November 2022. According to prosecutors, Kony is considered a person who cannot be found, and there were reasons to proceed in his absence, such as publicizing the proceedings against him and permitting the victims to put forward their views and concerns.

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JURIST

AUGUST 5, 2022

According to the ICJ, under Article 63 of the Statute of the Court , states may intervene in proceedings if the outcome will bind them. CIJ_ICJ (@CIJ_ICJ) August 5, 2022. Until today, the UK has declined to intervene or officially label Russian aggression in Ukraine a genocide. Russia ) [link] pic.twitter.com/3C6OJPPiZx.

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Patently O

FEBRUARY 24, 2022

Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. 21-746 (CVSG requested February 22, 2022). The statute indicates that any party to an IPR final-written-decision has a right to appeal. 2022)(forthcoming). Lets talk them through. Qualcomm Incorporated , No.

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JURIST

SEPTEMBER 8, 2023

An example of such restrictions can be found in the December 2022 Taliban order barring women from working with international and domestic non-governmental organization (NGO) jobs. It is the HRW’s opinion that the Taliban’s policies against women have committed crimes against humanity under the Rome Statute.

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JURIST

DECEMBER 4, 2022

On 5 December 2022, the 21 st session of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) is opening at the World Forum Convention Center in The Hague, the Netherlands. The session is scheduled from 5 to 10 December 2022. He files this report from The Hague.

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Patently O

APRIL 10, 2022

Meso Scale Diagnostics, LLC , 2022 WL 1052320, — 4th — ( Fed. In a 2019 post , Dennis explains why it is correct to refer to the Section 286 limitation on damages as a “statute of limitations.” By Chris Holman. Roche Diagnostics Corp. For the record, Judge Newman uses the term in her Roche Diagnostics dissent.).

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At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 The court granted a pro per’s petition for review in Escamilla v. Review dismissed in forum selection case.

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FDA Law Blog

JANUARY 4, 2022

On January 1, 2022, the recently revised version of the PhRMA Code on Interactions with Health Care Professionals went into effect. Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations.

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JURIST

JANUARY 17, 2023

First docketed May 17, 2022, the case originated from the criminal prosecution of the Turkish state-owned bank HalkBank by the US for its alleged involvement in aiding Iran to evade financial sanctions. In a brief to the Court, the United States’ case against Halkbank presents two separate legal arguments.

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JURIST

MARCH 5, 2024

According to a Court announcement, Sergei Kobylash, a Lieutenant General in the Russian Armed Forces, and Viktor Sokolov, a Navy Admiral, are accused of having ordered attacks on civilian objects and of having caused excessive incidental civilian harm, in violation of Article 8 of the Rome Statute. 2022 and Mar.

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JURIST

JUNE 24, 2023

.” Justices Ketanji Brown Jackson and Sonia Sotomayor dissented, with Justice Jackson writing: It is neither our job nor our prerogative to retrofit federal statutes in a manner patently inconsistent with Congress’s choices. ” The US government filed a petition for a writ of certiorari to the Supreme Court in 2022.

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JURIST

AUGUST 26, 2024

The drivers were thereafter allowed access to employment entitlements, including minimum wage and parental leave, under the New Zealand statute. The New Zealand Court of Appeal (NZCA) dismissed an appeal from Uber on Monday by reaffirming the Employment Court’s (EC) finding that four drivers were considered employees of Uber.

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