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Revised PhRMA Code Took Effect on January 1, 2022, and Certain State Obligations Follow

FDA Law Blog

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. Another reason drug manufacturers may want to update their marketing policies are the numerous state requirements tied to the Code. Other jurisdictions like D.C.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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SCOTUS Willfully Unfastens Infringer’s Profits From Its Mental State

Trademark & Copyright Law

For decades, a trademark owner’s chances of recovering an infringer’s profits in litigation varied depending on where the case was pending. Since Fossil did not act willfully, the District Court for the District of Connecticut refused to award Romag the profits that Fossil had earned as a result of the trademark infringement.

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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

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SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers

Constitutional Law Reporter

Petitioners Neal Bissonnette and Tyler Wojnarowski owned the rights to distribute Flowers products in certain parts of Connecticut. All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” Facts of the Case Respondent Flowers Foods, Inc.

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How to Criticize U.S. Extraterritorial Jurisdiction (Part I)

Conflict of Laws

courts apply a presumption against extraterritoriality to limit the reach of federal statutes. 2023), the Supreme Court held that federal statutes should be presumed to apply only to conduct in the United States unless those statutes clearly indicate that they apply extraterritorially. Second, U.S. Hectronic International, Inc.

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Second Circuit Holds Marketing Campaign Organizer Liable Under FTC Act for Deceptive Representations of Its Marketing “Affiliates”

Broadcast Law Blog

Court of Appeals for the Second Circuit and is a significant victory for the FTC and its co-plaintiff, the State of Connecticut. The decision in this case, FTC v. LeadClick Media, LLC , comes from the U.S. All other defendants except one settled with the FTC long ago.). LeadClick’s Defense Under the FTC Act.

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