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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. What arguments could you raise, she queried, that would be different than the manufacturer?

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Dog toy poking fun at Jack Daniel’s leads to dispute over parody exception to trademark protections

SCOTUSBlog

The case involves a dispute between Jack Daniel’s (the largest American whiskey manufacturer) and VIP Products (the second-largest American dog toy manufacturer). 7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.”

Statute 101
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Supreme Court Makes Quick, Unanimous Work of Seventh Circuit’s Interpretation of False Claims Act Scienter Requirement

FDA Law Blog

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. The Supreme Court Decision The unanimous Supreme Court was having none of it.

Court 40
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Federal appeals court denies New York healthcare workers religious exemption to COVID-19 vaccine mandate

JURIST

A Second Circuit decision vacated two lower court rulings which allowed healthcare workers to claim religious exemptions to New York’s COVID-19 vaccine mandate. The decision also vacated an injunction from the Northern District of New York and a prior Second Circuit ruling on an Eastern District of New York case.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. In Cooper Tire & Rubber Company v.

Statute 101
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The Anti-ESG Movement Has Not Fared Well in Court, but Critical Decisions Are Pending

ClimateChange-ClimateLaw

The federal court ruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts. The SEC has argued the petition is moot because it already allowed the corporation to exclude the proposal, but the case remains open, and intervenor party NAM (the National Association of Manufacturers) is still pursuing the case.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Northern Plains Resource Council v. Army Corps of Engineers , No.