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ACLU asks US Supreme Court to overturn Arkansas law requiring pledge not to boycott Israel

JURIST

The American Civil Liberties Union (ACLU) and the ACLU of Arkansas Thursday filed a petition with the US Supreme Court challenging an Arkansas law requiring state contractors to sign a pledges stating they will not boycott Israel. America was founded on political boycotts, and boycotts are a powerful way to speak and create change.

Laws 162
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US Government launches antitrust suit against Live Nation Entertainment, claiming business practices that harm artists and fans

JURIST

1 of the Sherman Act states that contracts that limit trade are illegal, whereas § 2 states that every person who attempts to monopolize, or attempts to monopolize, any part of trade, is guilty of a misdemeanor.

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Arkansas Law Prohibiting Manufacturer 340B Contract Pharmacy Restrictions Upheld by 8th Circuit

FDA Law Blog

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state. 23-92-604(c)(1), (2) (Act 1103).

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PhRMA Sues Arkansas for Meddling in the Federal 340B Drug Discount Program

FDA Law Blog

By Faraz Siddiqui — Last week, we blogged about a growing list of drug manufacturers that have refused to follow a 2010 guidance issued by the Health Resources and Services Administration (“HRSA”), which permits 340B covered entities to contract with multiple pharmacies to dispense drugs to covered entity patients. Code Ann. § Code Ann.§

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D.C. Circuit Sides with Manufacturers in Latest 340B Contract Pharmacy Case

FDA Law Blog

In 2010, the Health Resources and Services Administration (HRSA) authorized covered entities to contract with an unlimited number of retail pharmacies to fill prescriptions for their patients. There, the Court held that the Arkansas law was not preempted by the 340B statute or the Federal Food, Drug, and Cosmetic Act.

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Opinion analysis: Court rejects challenge to states’ authority to regulate pharmacy reimbursements

SCOTUSBlog

Rutledge involves an Arkansas statute of that sort, which has three salient provisions. Tracking the Supreme Court’s standard framework for ERISA pre-emption cases, Sotomayor separately considers whether the Arkansas statute has an “impermissible connection” with ERISA plans and whether it “refers to” ERISA.

Statute 105
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Split En Banc 8th Circ. Upholds Ark.'s Israel Boycott Ban

Law 360

An Arkansas law prohibiting the state from contracting with companies that boycott Israel does not violate the First Amendment, a split en banc Eighth Circuit ruled Wednesday, reversing a split three-judge panel's decision after finding that the law affects only economic decisions, not protected free speech.