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

SCOTUSBlog

When Suri responded no, she suggested that Congress could have simply drafted the law to refer to the applicant instead, and she noted that Congress had done exactly that for a different provision, involving judicial review for decisions requiring the withdrawal of tobacco products from the market.

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Why File a Protective Claim for Refund for Cannabis?

Hoban Law Group

Recent developments have made it even more attractive — for example, the basis for the argument of unconstitutionality of §280E has recently and ably been outlined by the judiciary in three dissenting opinions to a 2019 Tax Court decision (For a summary, see: [link] ).

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Leaks at the California Supreme Court

At the Lectern

Supreme Court draft opinion in a pending, exceptionally high-profile case has me considering leaks from California’s high court. Neither involved the disclosure of a draft opinion’s full text, just the bottom line of an impending decision. The extraordinary publication of a U.S. I can think of two.

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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. McCall , the other case raising the issue, which the court will now hold pending the outcome of Mallory. Next up is Bartenwerfer v.

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Are Alaska Native corporations Indian tribes? A multimillion-dollar question

SCOTUSBlog

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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SCOTUS Makes Unanimous Ruling in Hungary v. Simon

Constitutional Law Reporter

Supreme Court held that alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (FSIA). The Courts decision was unanimous. Supreme Courts Decision The Supreme Court disagreed.

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Dann v. Johnston, 425 U.S. 219 (1976): Invention as the Absolute Prerequisite to Patentability

Patently O

Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Court decision. After losing before the CCPA, the government then petitioned for Supreme Court review in the name of Marshall Dann, who was President Nixon’s Commissioner of Patents. Rather, the court found the claims obvious. John Deere Co. ,

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