FDA Law Blog

JUNE 28, 2022

Supreme Court (six justices) issued a noteworthy opinion on criminal liability related to prescribers of controlled substances. The Supreme Court granted certiorari to resolve the Circuit split. Gilbert & Karla L. Palmer — On June 27, 2022, in one of the last opinions issued during its current term, a majority of the U.S.

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Mens Rea Court Manufacturing Government 98

SquirePattonBoggs

FEBRUARY 14, 2023

Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery offense, R.C. The Sixth Circuit reversed the District Court’s contrary decision. But Borden posed a problem for the government’s position. White , No. See United States v.

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SCOTUSBlog

JUNE 24, 2021

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. The case came to the court after Charles Borden Jr. Share In Borden v. Borden objected.

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SCOTUSBlog

MARCH 2, 2022

For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances. The government argues the intent standard is an objective one — an “honest effort” to comply with professional norms.

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Mens Rea Government Statute Court 98

FDA Law Blog

NOVEMBER 6, 2022

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Mens Rea Statute Healthcare Manufacturing 83

FDA Law Blog

AUGUST 4, 2022

That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Pfizer, Inc. Department of Health and Human Services et al. July 25, 2022. Pfizer appealed to the Second Circuit.

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Statute Mens Rea Manufacturing Court 98

Patently O

AUGUST 30, 2022

US , 21-1576 (Supreme Court 2022). Supreme Court, Smith argues that venue was improper in Florida. ” This same rule is found within Rule 18 of the Federal Rules of Criminal Procedure: “the government must prosecute an offense in a district where the offense was committed.” by Dennis Crouch. Timothy Smith v.

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At the Lectern

JANUARY 6, 2025

Collins , a 4-3-1-2 Supreme Court today holds the evidence did not support a second-degree murder conviction of a mother who didn’t protect her two-month old son from being murdered by the baby’s father. The Chief Justice has only recently expressed differences with a court majority in any case. In People v.

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Mens Rea Court Felony Legal 45

FDA Law Blog

SEPTEMBER 22, 2022

An interesting historical sidenote is that if one looks at the official Park decision from the Supreme Court, one will find our own Paul Hyman who was one co-author of the amicus curiae briefs. The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead.

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Misdemeanor Mens Rea Felony Government 59

At the Lectern

FEBRUARY 15, 2024

The Supreme Court yesterday announced it will hear six oral arguments in March, the biggest calendar of the term. The Chief Justice predicted last month that the court’s opinion output would increase during the term’s second half. The court granted review in March 2022. Vigilant Insurance Co. :

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Calendaring Mens Rea Entertainment Court 45

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Summary of the Supreme Court’s Opinions. 3 However, because the district court also found that Fossil had not acted willfully, the district court refused Romag’s request for a profits award.

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Manufacturing Mens Rea Contract Tort 52

JURIST

APRIL 15, 2024

When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. This case asks the Supreme Court to decide whether 18 U.S.C. §

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LexForti

NOVEMBER 17, 2022

In a parallel vein, the Juvenile Justice Act was passed into law in order to shield minors from crimes like “sexual assault, sexual harassment, and pornography” and to provide for the institution of Special Courts to conduct special proceedings for crimes of such manner as well as connected concerns and occurrences.

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Statute Mens Rea Court Legal 52

At the Lectern

FEBRUARY 20, 2025

At its conference yesterday, the Supreme Court issued an order to show cause in an original writ proceeding. Electronic court reporting. The court agreed to decide an original writ petition seeking an increased use of electronic recording when court reporters are unavailable. The court barely denied review in People v.

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Mens Rea Court Litigation Litigating 45

The Crime Report

JANUARY 6, 2022

In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes. Several weeks after losing the 2020 election, on Jan.6, Should the U.S.

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