FDA Law Blog

JULY 7, 2021

Senior Circuit Judge Sentelle, who drafted the opinion, found determinative the statutory restriction prohibiting FDA from interfering in the practice of medicine: When Congress has spoken in a statute, we assume that it says what it means and that the statute means what it says. Circuit Court of Appeals to overturn the ban.

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SCOTUSBlog

APRIL 16, 2021

They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA. They further argue that Alaskan Natives’ health care needs have been, and will continue to be, met by regional tribal nonprofits.

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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).

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Laws Contract Statute Construction 59

ClimateChange-ClimateLaw

SEPTEMBER 29, 2021

However, if the ICJ does take up a climate change question, I am sure that any state that wanted to take a position could readily find NGOs and academics that would be very happy to draft submissions for it at no charge. So the ICJ would be flooded with detailed briefs and factual statements.

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ClimateChange-ClimateLaw

MARCH 29, 2023

Vanuatu published the first draft of the resolution in late 2022. The draft was then altered through a series of consultations with UN delegates in the following months. On March 1, 2023, Vanuatu announced overwhelming support for the draft resolution with 105 co-sponsor states. The initiative gained traction.

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LexForti

OCTOBER 27, 2022

The recent inclusion of substituted performance as a statutory relief in the Specific Relief Act , 1963 has been considered to be of significance to construction contracts, for the reason that it will help to reduce delays and costs. [1] Turnkey Contracts.

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Patently O

MARCH 30, 2022

You’ll note that the statute does not suggest any difference between well-known or novel elements in their use of means-plus-function language. Rather, as the statute recites, the scope is “construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.”

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Conflict of Laws

NOVEMBER 4, 2022

Not surprisingly, due weight was given to Switzerland and Belgium, as the former is considered to have a model legislation on the discipline and the latter has the “youngest” statute of continental Europe. The opposite path has led to the drafting of the French project, which stems directly from an initiative of the Ministry of Justice.

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Patently O

MARCH 22, 2024

Although not clear if this will be enforced, it may become more of a requirement for examiners to provide a claim construction section in their office action rejections. The statute provides: (f) Element in Claim for a Combination.— It also allows the applicant to clarify their intended construction early in prosecution if needed.

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At the Lectern

JUNE 13, 2024

has not been a friend of arbitration,” the dissent said, “By again putting arbitration on the chopping block, this statute invites a seventh reprimand from the Supreme Court of the United States.” ” The arbitration provider had extended the due date, but, quoting the Second District, Division Two, decision in Gallo v.

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Patently O

NOVEMBER 9, 2021

Johnston’s attorney Morton Jacobs drafted the patent application and also argued the case all the way to the Supreme Court (eventually losing). 101 by reason of its construction with software rather than hardware for its programming elements. ” This Court treated the scope of § 103 in detail in Graham v. John Deere Co. ,

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SAV Paralegal Services

OCTOBER 11, 2021

Fortunately, any term that is found in contravention of Canadian statutes and laws is found unenforceable and nullified. The most obvious area for an employment contract to contravene a Canadian statute is the minimum legally required termination notice period. Furthermore, a recent legal development in the case of Waksdale v.

Contract 52

Contract Paralegal Services Paralegals Paralegal 52

Patently O

MARCH 28, 2024

The Motivation to Combine: In patent law, the “motivation to combine” doctrine plays a central role in determining whether a claimed invention is obvious under our guiding statute, 35 U.S.C. § But it appears he didn’t have much familiarity with patent law, for sure, or with these patents, based on his deposition.

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Conflict of Laws

DECEMBER 15, 2020

The common law action has not been abolished by statute or disapproved judicially but, sadly, it is not widely understood or used by practitioners/courts in Nigeria. The construction placed on the statutory regime. This paper argues for a reawakening of the common law action.

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Laws Court Legal Legal 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Army Corps of Engineer permits for construction of a portion of a proposed methanol refinery and export terminal in Washington (the Kalama Project). The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

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MyCase

JANUARY 24, 2024

Save Time and Enhance Efficiency AI-powered tools can automate various tasks, such as legal research, contract drafting, and document review. Does a power drill mean that we no longer rely on construction workers? Think of it this way: Does a calculator make an accountant’s job obsolete? Of course, not.

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Conflict of Laws

MAY 17, 2022

Since 2014 the American Law Institute2 now seeks to draft a new “Restatement” – the Third – of the subject, with the aim to clarify and perhaps to bring more uniformity to the resolution of conflict-of-laws problems. Examples drawn from existing drafts of new provisions may serve to venture some evaluation of these proposed changes.

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LexForti

NOVEMBER 5, 2021

This study aims to explore these changes and assess the scope and judicial interpretation of amendment of pleadings in Civil procedure with a doctrinal legal research method by using primary sources like cases, statutes, legal commentary and reports. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

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InHouseBlog

JULY 29, 2023

Otherwise, the Buyer’s counsel will typically prepare the initial draft purchase agreement based on the deal terms in the offer letter/term sheet/LOI, which will then be commented upon by the Target’s counsel. Whether the standard is actual knowledge or “constructive knowledge” (i.e.,

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SCOTUSBlog

JUNE 24, 2023

Kavanaugh noted that Congress defined the offenses in the immigration statute more broadly than the federal statute criminalizing obstruction of justice when it included the phrase “relating to” in the statute. Such “redundancies are common in statutory drafting,” Kavanaugh wrote. citizen].”

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Patently O

FEBRUARY 10, 2021

Indefiniteness : The statute requires “one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.” In general, the Federal Circuit sees definiteness as an extension of claim construction — and thus is for the judge to decide.

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LawTechnologyToday

MARCH 23, 2023

These assistants employ and train paralegals and legal professionals to assist lawyers with various legal support services , including document management, research, and drafting documents. With the emergence of legal technology, there is now greater transparency between legal firms and virtual legal assistants.

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JURIST

APRIL 15, 2024

The party briefs mostly focused on the word “rewarded” in the statute. A broad and unclear definition of “corruptly”, she argued, would chill gift-giving to public officials as well as to employees of private entities covered by the statute. Sinzdak refused to accept that narrower construction.

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JonathanTurley

SEPTEMBER 29, 2022

However, in my view, the media’s interpretation of the letter has exceeded any reasonable construction of the law. The Idaho law should have been drafted more clearly and expressly recognized that the law is not meant to curtail academic freedom in professors expressing support or opposition to abortion rights.

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JonathanTurley

NOVEMBER 19, 2022

In fairness to Judge Cox, the opinion below makes a creative case for such a construction. Yet, despite this well-written decision, I still believe that the court is wrong to ignore the plain meaning of the statute. First, a court ordinarily applies this type of rule or canon of construction when the statute is ambiguous or unclear.

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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. Mayor & City Council of Baltimore , No.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

The federal district court for the District of Maine declined to issue a preliminary injunction barring construction of the New England Clean Energy Connect (NECEC), an electricity transmission project to connect the New England energy grid with non-fossil fuel sources of electric power. 1442, or the civil-rights removal statute, 28 U.S.C.

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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Among the inadequacies found by the court was Ecology’s failure to consider climate change in drafting the permits.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a separate order, the court directed the parties to file supplemental briefs on eight issues related to the scope of authorized activities under the permit, separation of powers, and the developer’s authority to construct the pipeline without a permit if the president lacks authority to issue the cross-border permit. City of Oakland v.

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SCOTUSBlog

FEBRUARY 23, 2023

More recently, after Congress refused to appropriate funds for construction of a border wall, Donald Trump declared a national emergency to divert $6 billion in military spending for the project. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.” But that has not happened.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. In February, the Ninth Circuit temporarily enjoined certain construction work for the duration of the appeal.

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