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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Patently O

FEBRUARY 3, 2023

by Dennis Crouch The Supreme Court will be handling some significant cases over the next few months that may have a major impact for folks working in IP & Tech fields. Hetronic (Extraterritorial application of US Trademark Law — damages from foreign sales). The following is brief list sorted by the date of oral arguments.

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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.

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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. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). Greber, 760 F.2d

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SCOTUSBlog

JANUARY 14, 2021

The case involves Section 13 of the Federal Trade Commission Act, which allows the FTC to seek an “injunction” against a business that “is violating, or is about to violate, any provision of law enforced by [the FTC].” I read that 100 cases under this provision are in the court, compared with 10 or 12 under the regular [procedures].”

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Constitutional Law Reporter

JULY 19, 2023

Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. The Colorado Supreme Court denied review. In Counterman v.

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FDA Law Blog

AUGUST 4, 2022

On June 27, 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of New York. Pfizer, Inc. Department of Health and Human Services et al.

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At the Lectern

MAY 29, 2024

Tomorrow morning, the Supreme Court will file its opinions in Wheeler v. The issues as summarized by court staff when review was granted are: (1) Can a trial court dismiss a strict liability offense pursuant to Penal Code section 1385 based in part on a defendant’s lack of knowledge concerning the offense?

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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. In the end, it was not clear what direction the court is likely to take. Kavanaugh compared the facts at issue to an older case, Morrissette v.

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LexForti

JANUARY 12, 2022

Whatever the mens-rea may be, the actus-reus was the total elimination of a clan. What International Law says? According to Article VI of the Convention , a person charged with the offence of committing Genocide, shall be tried by the court that has the territorial Jurisdiction over the place, where the act happened.

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At the Lectern

NOVEMBER 27, 2023

Curiel , the Supreme Court today holds that a defendant serving a life-without-parole sentence for a murder committed by another should have had an evidentiary hearing to determine his eligibility for resentencing under post-conviction legislation that restricted vicarious murder liability. In People v. Sanchez (2016) 63 Cal.4th

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FDA Law Blog

SEPTEMBER 22, 2022

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.

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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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JURIST

APRIL 15, 2024

Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. 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. § United States.

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JURIST

MARCH 10, 2023

Therefore, the court does not have any license to put aside Texas’ abortion laws. Furthermore, according to Silva, all the defendants knew they were aiding in a murder and had the mens rea (guilty mind) needed to trigger the application of both statutes.

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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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JURIST

JANUARY 27, 2023

The Supreme Court of Canada Friday published two opinions which respectively struck down the mandatory minimum sentence for discharging a firearm into a house and upheld the two mandatory minimums for armed robbery with a firearm. The court handed down both decisions simultaneously.

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LexForti

NOVEMBER 17, 2022

Teesha Deb (National Law University, Orissa). The author is associated to the National Law University, Orissa. Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. INTRODUCTION. These are all examples of such situations.

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The Crime Report

JANUARY 6, 2022

The notorious abilities of Capone and these other crime kingpins to corrupt people and neutralize the forces of law pale in comparison to the former president. From his winter residence in Palm Beach, FL and his Mar-a-Lago golf club and catering facility, the Donald still holds court and has absolute power over the Republican party.

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JonathanTurley

JUNE 17, 2022

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

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JonathanTurley

DECEMBER 20, 2022

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That is a far cry from evidence showing mens rea — “guilty mind.” At 4:17 p.m., In Brandenburg v.

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