The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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JURIST

APRIL 28, 2022

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.

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CARET Legal

NOVEMBER 12, 2024

AI-powered tools can now sift through vast amounts of legal data in a fraction of the time it would take a human, to identify relevant cases, statutes, and precedents with remarkable accuracy. In 2025, these technologies will revolutionize legal research, document review, and case predictions. But the impact of AI goes beyond just speed.

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JURIST

AUGUST 16, 2024

A US federal judge in Florida ruled on Thursday that the Federal Trade Commission’s (FTC) impending ban on non-compete clauses in employment contracts is likely unlawful and enjoined it. The judge concluded that the relevant statute here, Section 6(g) of the FTC Act, “falls short” of doing so.

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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. A number of drug companies sued to enjoin enforcement. Novartis and United Therapeutics Corporation sued in the D.C.

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Above The Law

MARCH 5, 2025

(Photo by Bill O’Leary/The Washington Post via Getty Images) One of the quickest lessons you pick up in law school is that the path to knowing the law doesn’t end at finding a line in the Constitution or a statute and reading it aloud to anyone who would hear it.

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FDA Law Blog

NOVEMBER 7, 2021

Kirschenbaum — On September 30, we blogged about the ongoing dispute and litigation around the use of contract pharmacies under the 340B Drug Discount Program (click here ). A key issue before the court was whether, despite the relevant statute’s silence on the issue, Congress intended to allow the use of contract pharmacies.

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc. M2020-01417-SC-R23-CV (Tenn.

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Gravel2Gavel

JANUARY 18, 2022

by Robert A. James and Shade Oladetimi. Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As With apologies to Small Business Administration practitioners, we use “PPP” in this article to refer to the infrastructure tool.).

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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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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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SCOTUSBlog

APRIL 28, 2022

The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. In Thursday’s ruling in Cummings v.

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SCOTUSBlog

MARCH 20, 2024

considered a technical question under the Bankruptcy Code, how to decide when an entity is a “party in interest” under the statute, which gives it a right to “be heard on any issue” in a Chapter 11 proceeding. One of the oddest parts of the argument was the lack of engagement with the relevant statute. Kaiser Gypsum Co.

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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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Above The Law

FEBRUARY 11, 2025

In legal research, GenAI has demonstrated significant benefits; however, it is meant to be integrated into a comprehensive workflow that includes reviewing primary law, verifying citations, and utilizing statute annotations to ensure a thorough understanding of the law.

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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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JURIST

SEPTEMBER 21, 2022

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Human rights experts across the world have accused Russia of genocide during its invasion of Ukraine. The United Nations Charter in June 1945 established the ICJ and began its activities in April 1946.

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Legal Writing Launch

SEPTEMBER 16, 2024

Whether you are drafting contracts, memos, or legal briefs, knowing how to handle numbers can significantly enhance the precision and professionalism of your documents. For example, in contracts, it is common for drafters to present numbers in both word form and numerically, such as five (5) to eliminate any possibility of ambiguity.

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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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LexForti

OCTOBER 27, 2022

Summary: This article highlights the challenges of invoking the remedy of ‘substituted performance’ in case of breach of turnkey contracts, and suggests potential solutions for the same. To this end, this article shall analyze the challenges of availing substituted performance in turnkey contracts. Turnkey Contracts.

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Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

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Statute Court Contract Tort 101

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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SCOTUSBlog

MARCH 15, 2024

The insurer’s argument is simple, relying directly on the statute’s reference to a “party in interest.” The statute does not define the term directly, though it does specify that it includes “the debtor, the trustee, a creditors’ committee, [and] a creditor.”

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LawSites

OCTOBER 27, 2021

It suggests that LegalEase and Morae had entered into contracts related to ROSS, and asks Morae to produce documents concerning “the reason LegalEase entered into one or more contracts with you concerning ROSS.” ” Here is the full text of each subpoena: Subpoena to Fastcase. Subpoena to Morae Global Corporation.

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Patently O

JANUARY 12, 2022

Plastronics Socket split into two companies: Plastronics Socket and Plastronics H-Pin under Texas “divisive merger” statute. (It is odd, but under Texas law, a division in this way is legally defined as a merger). Statute of Limitations : Plastronics also had a counterclaim. See Hooks v. Samson Lone Star, LP , 457 S.W.3d

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SCOTUSBlog

DECEMBER 13, 2020

Pharmaceutical Care Management Association firmly rejected an attack on state statutes that protect pharmacies from the prescription-reimbursement intermediaries that health-insurance providers use to administer their prescription-drug programs. Rutledge involves an Arkansas statute of that sort, which has three salient provisions.

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Patently O

MARCH 7, 2022

4-weeks after discovering the breach, Waste Management disclosed the breach to individuals as well as to the California Attorney General (required by statute). The current/former employees sued in a nationwide class action alleging negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment.

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SCOTUSBlog

NOVEMBER 3, 2023

In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. Congress also provided tribes that contract with the Indian Health Service with a third possible source of funding.

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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. In the U.S.

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SCOTUSBlog

JUNE 26, 2024

In 2014, Snyder received $13,000 from a truck company that had recently received contracts totaling over $1 million for new trash trucks for the city. And he rejected the government’s assurances that prosecutors “can be trusted not to enforce the statute against small-time violators.”

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SCOTUSBlog

FEBRUARY 16, 2024

brings the justices yet another case under a statute with which they are all too familiar – the Federal Arbitration Act. Notably, because the statute refers to a “class of workers engaged in … commerce,” the drivers argue that the characteristics of their employer are irrelevant. Share Bissonnette v. LePage Bakeries Park St.

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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. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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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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SCOTUSBlog

FEBRUARY 20, 2024

The key language protects employees, by excluding from the FAA’s arbitration requirement, all “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” LePage Bakeries Park St. Seamen, railroad workers.” Perhaps we will find out before June!

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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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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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