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Nike Initiates ITC Proceeding to Block adidas From Importing “Infringing” Primeknit Sneakers

The Fashion Law

Unlike district court litigation, which can take several years to reach a trial date, a case filed before the ITC can proceed to an evidentiary hearing before an administrative law judge in eight to nine months.”.

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Decades Later, Congress Continues Debating the Preserve Access to Affordable Generics (and Biosimilars) Act; But will the Recent Jarkesy SCOTUS Decision Finally Put an End to the Insanity?

FDA Law Blog

Rather, the bill is structured so that liability is fully determined by an Administrative Law Judge (“ALJ”) in an administrative proceeding without a jury, with “conclusive” factual findings made by that ALJ. And like its predecessor bills, S. 142 includes narrow exceptions: (B) Exception. Hopefully, the cockroach is dead.

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro! Axon Enterprise, Inc. The company faced a series of demands from the FTC it viewed as unreasonable. rescheduled before the Nov. 10 and Jan. 14 conference).

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Menthol vapes and forum shopping, FDA tobacco control comes before justices

SCOTUSBlog

If the lower courts decision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. The law at the center of the case is the Family Smoking Prevention and Tobacco Control Act.

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The Preserve Access to Affordable Generics and Biosimilars Act: It’s Back! And Bigger and Bolder than Before!

FDA Law Blog

The bill allows the FTC to proceed before an Administrative Law Judge, a process that implicates both the separation of powers and the Seventh Amendment. When the FTC uses its administrative process, it is acting as the investigative body, prosecutor, administrative judge, and appellate body. 5) CIVIL PENALTY.

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The Preserve Access to Affordable Generics and Biosimilars Act: It’s Back! And Bigger and Bolder than Before!

FDA Law Blog

The bill adopts the very Administrative Law Judge process that the U.S. The latest iteration of proposed Section 27 in S. But then come the newly revised penalties provisions: (4) CIVIL ACTION.In 5) CIVIL PENALTY. Let us count the ways. 1096 has some pretty significant Constitutionality concerns.

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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.

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