FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C.

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Conflict of Laws

NOVEMBER 10, 2024

Keywords: private international law, international judicial cooperation, new technologies, videoconferencing, direct judicial communications, Smart contracts, and Blockchain. This paper explores how this intersection reshapes the global legal landscape, analyzing its advantages, challenges, and prospects.

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Technology Legal Legal Contract 69

SCOTUSBlog

JUNE 26, 2024

Writing for a six-justice majority, Justice Brett Kavanaugh explained that state and local governments already regulate gifts to officials, and so the federal law “does not supplement those state and local rules by subjecting 19 million state and local officials to up to 10 years in federal prison for accepting even commonplace gratuities.”

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Laws Statute Court Government 110

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress. In Thursday’s ruling in Cummings v.

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Court Rules Contract Court Statute 98

SCOTUSBlog

DECEMBER 2, 2021

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Two questions seemed especially pressing to the justices.

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Constitutional Law Reporter

JULY 23, 2024

As enacted in 1984, the statute at issue in the case, 18 U.S.C. In 2013, while Snyder was mayor, Portage awarded two contracts to a local truck company, Great Lakes Peterbilt, and ultimately purchased five trash trucks from the company for about $1.1 But the gratuities statute for federal officials, §201(c), does not.

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FDA Law Blog

MARCH 24, 2024

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. Code Ann. § 23-92-604(c)(1), (2) (Act 1103).

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Manufacturing Contract Laws Statute 59

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

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Statute Court Contract Tort 100

Conflict of Laws

APRIL 16, 2025

In particular, the question of the governing law is the subject of fierce disagreement: Whether the lex fori, the lex causae or an autonomous approach governs characterisation is hotly debated. Such discussions suggest that a decision on the governing law is important when lawyers decide questions of characterisation.

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SCOTUSBlog

JUNE 3, 2021

United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years.

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SCOTUSBlog

APRIL 14, 2023

Share The False Claims Act has for decades been the government’s primary anti-fraud statute. The Department of Justice has used the law to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting.

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Law 360

JULY 22, 2024

A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.

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Government Laws Statute Contract 52

LexForti

JANUARY 18, 2022

This article was written by Shristi Roongta, who explains what are smart contracts and elaborates upon its presence in the Indian laws. Hence the contracts are also getting digitalised. Basically, smart contracts are new age software-based contracts in which the software automates the business processes. INTRODUCTION.

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SCOTUSBlog

MARCH 11, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property. In Wilkins v.

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SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.”

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JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). When a relator files a complaint, the Government gets an initial opportunity to intervene in the case. quoting §3730(c)(3).

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SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

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SCOTUSBlog

NOVEMBER 28, 2022

Share The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli , an executive convicted of federal wire fraud in connection with bid-rigging to secure a $750 million New York state contract. Alito’s question underscores the broader question: What are the appropriate limits to the federal wire fraud statute?

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JURIST

JULY 29, 2024

Regulation of Spanish labor takes place following Spanish national legislation, which includes Labor Statute No. 2/2015 , Law Governing Social Jurisdiction No. 36/2011 , Civil Code No. 206/1889 , and case law, as well as per international norms and standards.

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Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

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SCOTUSBlog

JUNE 1, 2023

Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. At issue in two consolidated cases – United States ex rel. SuperValu Inc. and United States ex rel.

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SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. The Department of Justice has used the FCA to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting. Chamber of Commerce.

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JURIST

JUNE 15, 2024

The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law. The contractor claimed it should not be held liable for conduct performed in Iraq under US contract, even if that conduct was found to be unlawful.

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FDA Law Blog

FEBRUARY 5, 2023

By Faraz Siddiqui — In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts ). A lot is at stake here.

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Contract Statute Manufacturing Court 52

SCOTUSBlog

APRIL 20, 2022

1723 , was aimed at federal contract workers who got sick after helping clean up the Hanford nuclear site in southern Washington. Still, as discussed at length during Monday’s argument, the two statutes might not be coextensive in the benefits they offer to covered workers. The state’s old law, H.B. Under 40 U.S.C.

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SCOTUSBlog

FEBRUARY 26, 2024

Through the years, the Supreme Court has faced many cases in which state statutes have limited the activities of national banks, and it has held that the National Bank Act preempted many, though certainly not all, of those local enactments. Tuesday’s Cantero v.

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SCOTUSBlog

JUNE 22, 2022

Share The Supreme Court on Tuesday unanimously struck down a Washington state law that was aimed at helping federal contract employees get workers’ compensation for diseases arising from cleaning up nuclear waste. The case, United States v. The law thereby explicitly treats federal workers differently than state or private workers.”.

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SCOTUSBlog

DECEMBER 3, 2022

Generally, the debtor decides with respect to each contract if it wants to assume the contract or reject it. Section 365 also includes statutory rules that in some (but not all) cases permit the debtor to assign its interest in the contract to a third party. United States , argued last Wednesday. Y&H Corp. ).

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SCOTUSBlog

APRIL 21, 2022

The case involves a federal statute that provides compensation to veterans who are disabled as a result of injuries or diseases that are “contracted in the line of duty” or for “aggravation” of preexisting injuries or diseases. The justices seemed split.

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SCOTUSBlog

JUNE 27, 2021

First, she concluded, “recognized” should be given its ordinary meaning, rather than construed as a term of art for the formal government-to-government relationship between the United States and federally recognized tribes (which, everyone acknowledges, does not encompass the ANCs).

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SCOTUSBlog

SEPTEMBER 24, 2021

Brackeen , the federal government asks the justices to review and to reverse the 5th Circuit. Issue : Whether the Federal Arbitration Act displaces a state common-law rule forbidding companies from adding an arbitration requirement to their standard-form contract with customers unless the contract already includes a dispute-resolution clause.

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Statute Contract Government Court 124

Conflict of Laws

MAY 8, 2024

Whilst the CISG has been part of Australian law since 1989, it is a well-known fact that India is not a CISG Contracting State. Where – as in C P Aquaculture – it is not the case that both parties are from Contracting States, the CISG cannot apply by virtue of Art. This follows from Art. 1(1)(a) CISG. 1(1)(a) CISG. 1(1)(b) CISG.

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SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. Plain text of the statute. ZF did not achieve a knock-out win based on the plain text of the statute.

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Mondaq

FEBRUARY 16, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently reminded contractors of the importance of documenting submissions to the government and retaining that documentation.

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At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. The court granted review in County of Santa Clara v.

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Patently O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. The complaint asserts breach of contract based upon violation of its terms of service; unfair competition (based upon state law); and unjust enrichment. LyricFind scraped the data and then sold it to Google. Genius sued.

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Laws Contract Statute Court 80

SCOTUSBlog

MARCH 3, 2025

Later, when the Indian government decided to exploit the relevant spectrum for itself, it had Antrix cancel the contract. Because the contract called for arbitration, the Devas entities commenced an ICC arbitration seeking damages for the termination, in which they received an award of about $500 million.

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