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The 2017 Supreme Courtdecision in TC Heartland gave renewed teeth to the venue statute governing litigation. The FDA is headquartered in Maryland, and that was the office that received the ANDA documents. and probably also in Maryland, but not in N.J. Celgene Corp. Mylan Pharma ( Fed.
Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.
Kirschenbaum — In November 2020, we blogged about a decision by the Federal District Court of Maryland dismissing a Federal False Claims Act (FCA) qui tam suit alleging that Forest Laboratories knowingly reported inflated best prices under the Medicaid Drug Rebate Program (MDRP), resulting in underpayment of rebates.
In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Courtdecisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence. 21 and Feb.
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.
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.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-courtdecision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.
What they are really doing is trying to avoid the need to reveal the identity of their contributors, following a US District Courtdecision in March. By federal statute, sponsors of "electioneering communications" must disclose the names and addresses of each donor who contributed $1000 or more to the sponsoring organization.
Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”
Several of them are sequels to earlier high courtdecisions. First Amendment The current court is very solicitous of First Amendment rights. Maryland and Napue v. Below we briefly discuss those 14 cases. So perhaps unsurprisingly, many of the relisted petitions – six of them – implicate the First Amendment.
The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Courtdecision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. ADDITION TO THE NON-U.S.
While the Supreme Court routinely throws out lower-courtdecisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. Lewis , 24-473 Issue : Whether Maryland v. Relisted after the Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan.
But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. It argues that the 3rd Circuit’s decision has thrown all of that into upheaval and must be reviewed. The case involves the application of Brady v.
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.
Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. A federal district court rejected this challenge, and the U.S.
A Supreme Courtdecision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.
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.” In re Enbridge Energy, LP , Nos.
After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline.
His 2022 report , in the aftermath of the courtsdecision overturning the constitutional right to abortion, stressed the importance of judicial security. A California man, Nicholas Roske, is scheduled to stand trial in Maryland next year on charges that he attempted to assassinate Justice Brett Kavanaugh in 2022.
Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. DECISIONS AND SETTLEMENTS. 20-1530 (U.S. 29, 2021); North American Coal Corp. 20-1531 (U.S. City of New York v.
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. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.
They argue that the court nonetheless should grant review in order to clarify the law for future elections. Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, has already opined that “ there is a strong likelihood that the [Pennsylvania] Supreme Courtdecision violates the Federal Constitution.”
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