FDA Law Blog

JUNE 15, 2022

In 2019, we blogged that the District Court found for the plaintiffs, holding that CMS did not have the statutory authority to make such a change without first conducting a hospital acquisition cost survey data. The District Court opinion was subsequently reversed by the D.C. The statute sets this “average price” as ASP plus 6%.

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SCOTUSBlog

NOVEMBER 12, 2024

Court of Appeals for the 9th Circuit allowed the action to proceed, and the Supreme Court agreed to review the matter. At issue in the case is the Private Securities Litigation Reform Act, a statute adopted in 1995 to stem securities class actions.

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall.

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JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. Gregory Greer was convicted in the first case under §922(g) and sentenced to prison, but after the Rehaif decision, he appealed that conviction. Decisions in both cases should come this summer.

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LegalReader

NOVEMBER 8, 2021

Court’s decision has long-term implications regarding medical malpractice statute of limitations.

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At the Lectern

NOVEMBER 18, 2024

When a Court of Appeal found untimely a motion to vacate a nine-year-old default judgment for improper service, it concluded that, although the applicable statute (Code of Civ. Well, case law doesn’t anymore, not after today’s Supreme Court decision in California Capital Insurance Company v.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Supreme Court’s Decision The Supreme Court expressly overruled Chevron. Natural Resources Defense Council, Inc. ,

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Broadcast Law Blog

JULY 16, 2021

One example is a recent US District Court ruling on a motion for summary judgment of a copyright lawsuit brought by a photographer when his photos of Willie Nelson and Carlos Santana appeared on a news website to illustrate articles on the musicians. However, relying on the creative commons license can be perilous.

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FDA Law Blog

SEPTEMBER 30, 2022

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. Burr , 551 U.S.

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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At the Lectern

FEBRUARY 25, 2021

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. Coverage of the decision: Bob Egelko in the San Francisco Chronicle.

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SCOTUSBlog

MAY 23, 2022

Share Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. The question in Shinn v. The three liberal justices dissented. “The

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JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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Mondaq

MAY 9, 2022

Supreme Court decision issued last week barring the. Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S.

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Constitutional Law Reporter

JUNE 10, 2024

Supreme Court upheld the funding scheme that supports the Consumer Financial Protection Bureau (CFPB or Bureau). As the Supreme Court explained in Cincinnati Soap Co. The Fifth Circuit Court of Appeals agreed, holding that the CFPB’s funding mechanism violates the Appropriations Clause. Supreme Court’s Decision The U.S.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government.

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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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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. The Court further found that the context and the statutory text both supported its interpretation.

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Conflict of Laws

JUNE 26, 2024

Maggie Gardner ( Cornell Law School ) will speak, in English , about the topic Beyond the Presumption Against Extraterritoriality For the last decade, the debate over prescriptive jurisdiction in the United States has been monopolized by the Supreme Court’s rejuvenated presumption against extraterritoriality. Under this framework, U.S.

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The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

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SCOTUSBlog

JUNE 23, 2023

Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. Coinbase thinks that its user agreement forces the customers into arbitration, but the district court disagreed. Provident Consumer Discount Co. ,

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FDA Law Blog

JULY 8, 2024

By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. Jarkesy.

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SCOTUSBlog

FEBRUARY 23, 2023

The statute, though, contains several exceptions to the discharge, generally describing debts that Congress regarded as so important or reflecting such objectionable behavior that it is inappropriate for the debtor to discharge them. For Barrett, the case begins and ends with the language of the statute.

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Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. The Fifth Circuit Court of Appeals agreed with the government’s assessment.

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Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void.

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FDA Law Blog

MAY 30, 2024

Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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SCOTUSBlog

MARCH 20, 2023

Finding a likelihood that consumers would confuse the “Bad Spaniels” toy with Jack Daniel’s, the trial court ruled in favor of Jack Daniel’s and barred VIP from continuing to manufacture the Bad Spaniels toy. Court of Appeals for the 9th Circuit reversed on both counts. Jack Daniel’s offers a similar argument on the dilution statute.

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Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar.

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At the Lectern

MAY 5, 2022

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. As it turned out, the decision did not come as a surprise.

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At the Lectern

JULY 18, 2024

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.” The court reverses the First District, Division Two, Court of Appeal’s 2-1 published opinion.

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Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court.

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Patently O

APRIL 22, 2021

Supreme Court heard oral arguments on April 21, 2021 in the pending assignor estoppel case of Minerva Surgical Inc. The basic idea is that an inventor who signs the oath-of-inventorship and assign rights to a third party is estopped from later challenging the patent’s validity in court. by Dennis Crouch. Hologic Inc.

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SCOTUSBlog

DECEMBER 3, 2022

Share The court will hear its second bankruptcy case of the week next Tuesday, with Bartenwerfer v. Dissatisfied with the purchase, Buckley eventually obtained a judgment in a California state court based on the failure of the Bartenwerfers to disclose information about the house on the standard-form Transfer Disclosure Statement.

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Conflict of Laws

OCTOBER 2, 2023

It is titled: CSA Okoli, A Yekini & P Oamen, “The Igiogbe Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions.” Contrary to this popular view, this work argues that the Igiogbe custom can be displaced by statute and other customary or religious laws.

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SCOTUSBlog

APRIL 22, 2022

Davenport , the Supreme Court held on Thursday that a federal court cannot grant habeas relief to a convicted state prisoner whose constitutional rights were violated at trial unless that prisoner satisfies both the judicially-created Brecht v. The Supreme Court held in 2005 in Deck v. Share In Brown v. In Brecht v.

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