Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In Lindke v.

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At the Lectern

MAY 30, 2024

.’ ” 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. Superior Court (Guevara) (see here ). Clark (2024) 15 Cal.5th

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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. The case was returned to the Court of Appeals.

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FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C.

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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

Part 1: Multiple PTEs Under the PTE statute at 35 U.S.C. § For years after the enactment of the Hatch-Waxman Amendments the PTO interpreted the PTE statute to permit multiple PTEs, provided there are separate, but not necessarily different, regulatory review periods. 351, 355-56 (1985). 156(d)(5) (see our prior post here.)

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Conflict of Laws

FEBRUARY 22, 2024

The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. 2/13276/2023/02 of 17 January 2024 is nothing but another example of this entrenched practice that can be observed in the vast majority of countries in the region. 5/11341/2023/02 of 4 January 2024 ).

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Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. Supreme Court unanimously held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. City of St.

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Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. January 3, 2024). In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed.

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SCOTUSBlog

MAY 31, 2024

Louisiana did not initially file a response to Granier’s petition, but – when instructed to do so by the Supreme Court – it countered that Granier was not entitled to relief because no Supreme Court decision had clearly accepted claims of implied bias. relisted after the May 23, 2024 conference) Delligatti v.

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LegalTalkNetwork

JULY 10, 2024

Chevron Deference On June 28, 2024, the court issued a 6-3 ruling that reduced the authority of federal agencies. This decision overturned a fundamental 1984 precedent known as Chevron v. The Chevron ruling mandated that courts defer to agencies’ reasonable interpretations of unclear statutes.

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SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. CVSG: 5/7/2024 (rescheduled before the Dec. Texas , 23-248 Issue : Whether the Texas Court of Criminal Appeals’ decision that James Broadnax failed to establish a prima facie equal protection claim conflicts with this court’s decision in Batson v. Kentucky ex rel.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

A Hawaii court held that the Hawai‘i Environmental Policy Act requires environmental review for commercial taking of aquarium fish and that Department of Land and Natural Resources issuance and renewal of licenses for commercial aquarium collection without environmental review was invalid and illegal. EPA (Supreme Court of Guyana).

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SCOTUSBlog

MAY 28, 2024

The case was the only addition to the justices’ docket for their 2024-25 term. The question came to the court in the case of Natoya Cunningham , who was convicted by a six-person jury and sentenced to eight years in prison. A Florida state court upheld Cunningham’s conviction. Nike has denied any wrongdoing.

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JURIST

JULY 15, 2024

None of the statutes cited as legal authority for the appointment … gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith. After careful study of this seminal issue, the answer is no.

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