SCOTUSBlog

DECEMBER 3, 2023

The question on which the court granted review in Purdue Pharma’s case looks deceptively narrower: whether, as part of the bankruptcy deal for Purdue, the manufacturer of OxyContin, the owners of the company, the Sackler family, could be shielded from all civil liability in exchange for a $6 billion contribution to the settlement.

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Litigating Litigation Tort Statute 110

Patently O

FEBRUARY 24, 2022

Eligibility under Section 101 : American Axle & Manufacturing, Inc. The statute indicates that any party to an IPR final-written-decision has a right to appeal. The asserted patent covers a new method of manufacturing an automobile drive-shaft with reduced vibration. Neapco Holdings LLC, et al. , Patreon, Inc., 35 U.S.C. §

Laws 95

Laws Court Litigation Litigating 95

FDA Law Blog

JUNE 16, 2023

Kirschenbaum — On May 24, Minnesota enacted the Commerce and Consumer Protection Omnibus Bill, Senate File 2744 ( SF 2744 ), which significantly expands the state’s existing drug pricing activities with serious implications for all drug manufacturers, and particularly generic drug manufacturers. We address each below. Best price?

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Manufacturing Calendaring Healthcare Statute 45

Customs & International Trade Law

SEPTEMBER 17, 2021

According to the State Department, Keysight cooperated in the investigation by submitting a voluntary disclosure that acknowledged the charged conduct, implemented remedial compliance measures, and signed a statute of limitations agreement tolling the statutory period. Associate Attorney of Diaz Trade Law, Sharath Patil , assists U.S.

Technology 75

Technology Manufacturing Education Laws 75

FDA Law Blog

DECEMBER 12, 2022

How could the manufacturers even follow this guidance without illegally departing from their previously approved labeling? The Kentucky AG uniquely adds that FDA’s proposal improperly interferes with the Commonwealth’s exercise of supervisory authority over its physicians, including statutes addressed to obtaining informed consent.

Drafting 52

Drafting Manufacturing Legal Legal 52

Patently O

APRIL 15, 2021

An inferior officer decision will interpret the statute as providing the PTO director with substantial authority; a principal officer decision will downplay the role of the PTO director. Patent Eligibility : Of the pending eligibility cases, I find American Axle and Ariosa the most interesting: American Axle & Manufacturing, Inc.

Laws 83

Laws Court Technology Construction 83

FDA Law Blog

APRIL 19, 2021

The Court decision limiting FDA’s discretion provides regulatory certainty for device manufacturers, as the claimed discretion, if recognized by the Court, would have meant that any medical device potentially could be classified and regulated as a drug.

Court 40

Court Manufacturing Statute Technology 40

ClimateChange-ClimateLaw

JUNE 14, 2023

As these allegations of antitrust violations have risen to the fore, Republican Attorneys General have also taken aim at asset managers’ responses to ESG-related shareholder proposals. There are several statutes that form the basis of our antitrust laws. And what are the permissible boundaries of that behavior?

Finance 105

Finance Government Laws Legal 105

FDA Law Blog

AUGUST 8, 2024

Rescheduling or descheduling from the most stringent schedule under the CSA, should one of those actions occur, would loosen federal manufacturing, import/export, distribution, and security requirements. Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations.

Healthcare 59

Healthcare Manufacturing Attorney Statute 59

At the Lectern

DECEMBER 19, 2024

The Second District, Division Six, published opinion , held that the car manufacturer in the case “is not a third party beneficiary of the sale contract and petitioners are not estopped from objecting to arbitration.” Section 11362.3 ” Another f orum selection grant-and-hold. Lockton Companies, LLC – Pacific Series v.

Manufacturing 45

Manufacturing Contract Court Statute 45

Conflict of Laws

SEPTEMBER 15, 2024

For instance, in a case involving a request for evidence from French airplane manufacturing companies by victims of an airplane crash, instead of a first resort to the Hague Evidence Convention, the U.S. On the basis of case law in England and the U.S. 3] Collins argued that in practice, U.S. 3] Collins argued that in practice, U.S.

Laws 59

Laws Contract Court Litigation 59

Customs & International Trade Law

OCTOBER 28, 2022

DOC determines that imports of quartz slab manufactured in the People’s Republic of China (China) and processed in Malaysia are covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on certain quartz surface products from China. . Secretary of Commerce has determined that U.S.

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

Customs & International Trade Law

OCTOBER 4, 2021

1592 is the statute CBP utilizes when issuing penalties, based upon whether CBP believes an importer was negligent, grossly negligent or fraudulent when using an incorrect HTS. Associate Attorney of Diaz Trade Law, Denise Calle assists U.S. Penalties for non-compliance can be severe. Also discuss how updating the plan regularly.

Attorney 52

Attorney Education Laws Manufacturing 52

The Crime Report

JUNE 18, 2021

Reffitt attorney William L. The rioting statute has provoked debate among defense lawyers, civil liberties advocates and prosecutors after the Justice Department turned broadly to the civil disorder law in 2020 to prosecute protest-related unrest after the death of George Floyd in Minneapolis police custody. Since Jan. Since Jan.

Laws 105

Laws Manufacturing Statute Attorney 105

JURIST

MARCH 18, 2024

Attorneys for Israel denied the “outrageous” accusations leveled by South Africa that Israel was manufacturing a health crisis and famine in Gaza. South Africa has the ability to modify or add to the provisional measures in a previously issued ICJ order as given in Article 41 of the Statute of the ICJ.

Construction 197

Construction Manufacturing Statute Court 197

Patently O

SEPTEMBER 26, 2022

The most anticipated case last year was the 101 eligibility petition regarding automobile drive shaft manufacturing process. The petition was filed by noted Jones Day attorney Greg Castanias along with former SG Noel Francisco and BMS (Juno) deputy GC Henry Hadad. American Axle (cert denied).

Court 126

Court Laws Manufacturing Statute 126

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 59

Laws Contract Statute Construction 59

Customs & International Trade Law

SEPTEMBER 30, 2023

The rule elaborates on two core provisions of the statute: Prohibiting CHIPS funds recipients from expanding material semiconductor manufacturing capacity in foreign countries of concern for ten years; Restricting recipients from certain joint research or technology licensing efforts with foreign entities of concern.

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Government Small Business Diligence Technology 104

SCOTUSBlog

MAY 3, 2021

the question that the government has been asked to weigh in on involves the statute of limitations for violations of the “child find” obligation of the Individuals with Disabilities Education Act, which imposes a duty on school districts to identify, locate and evaluate all children who have disabilities and may need services. E.M.D.H. ,

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Government Tort Court Manufacturing 104

Patently O

JUNE 17, 2024

The appellate court held that the district court’s analysis was deficient in several key respects, including not addressing the statute of limitations defense, defining trade secrets too broadly, and not sufficiently assessing irreparable harm and the public interest. EOFlow, Co. , 2024-1137 (Fed. June 17, 2024). 1836(d). .”

Statute 64

Statute Court Diligence Manufacturing 64

Patently O

JULY 6, 2022

Steve Gass has a PhD in physics and also a patent attorney. And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. In the area of obviousness though, the doctrine was developed by courts and then implemented by statute in 1952. Kappos , 561 U.S.

Stare Decisis 75

Stare Decisis Statute Court Construction 75

At the Lectern

MAY 30, 2024

” Division Two brushed off the statement as “an uncodified declaration in a subsequent law amending a different statute” (cf. It also ruled against the Attorney General, concluding the prosecution wouldn’t be able to withdraw from the plea bargain because of any sentence reductions at the resentencing hearing.

Court 45

Court Manufacturing Contract Attorney 45

Foley Hoag LLP

JANUARY 28, 2022

If passed and signed into law, the Act would create significant reporting requirements related to environmental sustainability, social development (in particular worker rights), and ethical business (ESG) standards for retailers and manufacturers. The New York Attorney General would be responsible for enforcement of the Act.

Diligence 40

Diligence Manufacturing Attorney Drafting 40

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro! Next up is Texas v.

Statute 101

Statute Court Education Administrative Law 101

SCOTUSBlog

MARCH 26, 2024

New York Attorney General Letitia James is also in the same front row of the public section. Justice Clarence Thomas returns to the Comstock Act in his questioning of Jessica Ellsworth, representing the drug manufacturer, Danco. “My The statute doesn’t have this sort of safe harbor that you’re suggesting.

Court 106

Court Manufacturing Legal Legal 106

JonathanTurley

OCTOBER 30, 2022

She later deleted her account (likely after her attorney regained consciousness). See Pennsylvania General Assembly Statute §7102. Griffen then appealed and the attorney for the Haunted Hotel quoted Hunter S. The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White.

Tort 46

Tort Litigation Litigating Construction 46

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. Griffen then appealed and the attorney for the Haunted Hotel quoted Hunter S. The other employees were reportedly shaken up and Logan County Prosecuting Attorney John Bennett later suspended White. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations.

Tort 48

Tort Litigation Litigating Construction 48

Customs & International Trade Law

NOVEMBER 11, 2022

The USITC has issued a limited exclusion order against infringing products manufactured and/or imported by or on behalf of Proton Sports Inc. CBP’S Jones Act Division of Enforcement (JADE) held local training to raise awareness of the 102-year-old federal statute, officially known as the Merchant Marine Act of 1920.

Laws 52

Laws Manufacturing Finance Legal 52

JonathanTurley

OCTOBER 10, 2022

There is also the potential liability of the GPS system, though it is unclear whether he was using an App like Google Maps or a car manufacturer’s system. While North Carolina attorneys note that juries tend to require more than a one percent contributory negligence as a bar, it would present a tough challenge for this family.

Tort 34

Tort Personal Injury Legal Legal 34

Foley Hoag LLP

APRIL 5, 2023

While the Act is heavily focused on the Uyghur peoples in the Xinjiang region, it is important to bear in mind that the statute is ultimately aimed at forced labor inputs from all religious and ethnic minority groups throughout China. market deemed to have been made with forced labor regardless of where such abuses originated.

Diligence 40

Diligence Statute Manufacturing Legal 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Truck Trailer Manufacturers Association, Inc.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

APRIL 14, 2023

District Judge Thomas Rice issued an order in a lawsuit brought by 17 states with Democratic attorneys general, led by Washington, as well as the District of Columbia. The post Biden administration and drug manufacturer ask court to block suspension of mifepristone approval appeared first on SCOTUSblog.

Manufacturing 104

Manufacturing Court Statute Contract 104

Customs & International Trade Law

DECEMBER 27, 2024

Thomas Legal Luminaries Diaz Trade Law values you and appreciates your trust in us to be your Customs and International Trade Law Expert! The post 2024: A Year in Review appeared first on Customs & International Trade Law Blog.

eFiling 40

eFiling Laws Small Business Manufacturing 40

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Circuit Court of Appeals granted a motion by a truck trailer manufacturers trade group to stay the final rule adopted by the U.S. Truck Trailer Manufacturers Association, Inc. The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute.

Court 40

Court Attorney Technology Assisted Review Legal 40

ClimateChange-ClimateLaw

OCTOBER 25, 2024

Missouri’s attorney general had promulgated two rules that required securities firms and professionals to obtain consent forms from Missouri investors before incorporating a “social objective” or other “non-financial objective” into their securities recommendations or investment advice.

Court 86

Court Litigation Litigating Government 86

SCOTUSBlog

JANUARY 26, 2022

attorney in Los Angeles and a second summer as a summer associate at Munger, Tolles & Olson. During her time in the Department of Justice, Kruger twice received the attorney general’s award for exceptional service, the department’s “highest award for employee performance.” before going to clerk for Judge David Tatel of the U.S.

Court 106

Court Laws Lawyers Lawyer 106

FDA Law Blog

APRIL 2, 2025

Under current law, the FTC Commissioners and its ALJs are insulated by statute from presidential removal, raising separation of powers concerns that are currently being litigated in the courts. Attorney General (USAG). The latest iteration of proposed Section 27 in S. 5) CIVIL PENALTY. Second , S.

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Statute Manufacturing Court Attorney 59