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The US Supreme Courtruled unanimously Wednesday that the Department of Health and Human Services (HHS) may not cut Medicare drug reimbursement for a specific group of hospitals without a survey of hospitals’ pharmaceutical acquisition costs. Justice Brett Kavanaugh delivered the opinion of the court, reversing the DC circuit.
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?
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.”
The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. The statute’s patent specific.” But, as relevant for this case, 35 U.S.C. §
On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals courtruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals courtruled that Fikre’s case was not moot.
The lower courts blocked Minerva from asserting invalidity because Minerva’s founder had filed the original patent applications and then sold the patent rights, which eventually ended up with Hologic. The lower courtsruled that the founder’s original assignment of patent rights prevented, or “estopped,” Minerva from contesting validity.
by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district courtruling ordering the correction of inventorship for U.S. Tube-Mac, is the plaintiff in this case and is looking to manufacture its own version of the container systems. The inventorship correction statute – 35 U.S.C. §
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. It’s not a high evidentiary bar, as the FCA is a civil statute written and interpreted to sweep in a wide range of fraudulent intent in order to protect Federal funds.
In yet another decision based on statutory interpretation, an appellate court has decided that FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act (FDCA) is contrary to the plain text of the statute. As courts keep hitting the Agency “…Baby, One More Time ,” the appellate court these days seems Toxic for FDA.
For instance, in a case involving a request for evidence from French airplane manufacturing companies by victims of an airplane crash, instead of a first resort to the Hague Evidence Convention, the U.S. Supreme Courtruled that comity requires an assessment of the interests of the foreign nation involved and the requesting nation. [3]
Plaintiff brought this products liability claim against numerous defendants, including several industrial equipment manufacturers who made and sold equipment used by the deceased husband at his job. The husband died after being diagnosed with mesothelioma due to asbestos exposure at work. Code Ann. § 29-28-102(6).
Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,
Then the Supreme court denied certiorari in July 2021. On June 15, 2021, a Colorado District Courtruled in Scardina v. This as an openly manufactured test case. The Court explained: “303 Creative is a for-profit, graphic and website design company; Ms. .” Now Masterpiece Cakeshop is coming back.
There is also the potential liability of the GPS system, though it is unclear whether he was using an App like Google Maps or a car manufacturer’s system. The courtruled for Google: “I conclude that it does not require the imposition of a duty. In all likelihood, it was a phone-based app.
Circuit Court of Appeals granted a motion by a truck trailer manufacturers trade group to stay the final rule adopted by the U.S. The court directed the parties to file status reports every 90 days. Truck Trailer Manufacturers Association, Inc. Department of Energy , Nos. 16-1186, 16-1252, 16-1253 (D.C.
In the petition , Smith and Wesson and other gun manufacturers challenge the claim, including the argument that their sale of lawful firearms in the United States is the proximate or legal cause for the carnage in Mexico. PLCAA specifically bars any “qualified civil liability action” against gun manufacturers and licensees.
State courts’ general jurisdiction over out-of-state businesses. McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. In Cooper Tire & Rubber Company v.
The federal courtruled 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.
That interpretation, Kruger reasoned, is more consistent with both the text of the statute and the California legislature’s intent in enacting the law. The National Shooting Sports Foundation, a trade association for gun manufacturers, argued that the requirement should be invalidated because it was impossible to implement the technology.
The courtruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Trimble ␣ 315 Mo.
The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Mayor & City Council of Baltimore v.
The court upheld other aspects of the 2018 standards, including the applicable volumes, restrictions on the use of Renewable Identification Numbers for fuel that is exported, and EPA’s accounting for small refinery exemptions. EPA remanded the standards but did not vacate the rule. American Fuel & Petrochemical Manufacturers v.
The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases. In a separate order, the court granted the motions of states and American Fuel & Petrochemical Manufacturers to intervene in support of the respondents. Union of Concerned Scientists v.
The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based
With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Chevron Corp.
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