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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.

Mens Rea 100
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Upcoming Supreme Court Oral Arguments in IP & Tech Cases

Patently O

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. The question is whether his intent (mens rea) matters, or can he be convicted based only upon the reasonably perceived threat of the recipient.).

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Argument analysis: Justices doubt FTC’s authority to compel monetary relief

SCOTUSBlog

The FTC commonly uses that authority to seek what it characterizes as “restorative” monetary awards on the theory (supported by old Supreme Court cases and dominant for half a century in the courts of appeals) that the statutory authority to obtain an “injunction” implicitly includes all traditional forms of equitable relief.

Mens Rea 117
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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

We note our prior writings on the subject, which extend to five pages of posts , We note further that the JAMA editorial cites our own John Fleder , which makes sense since John is one of the foremost experts on Park liability from his time at the Department of Justice’s Office of Consumer Litigation as well as private practice with our firm.

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

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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Detailed Analysis of POCSO Act, 2012

LexForti

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.

Statute 52
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Order to show cause ends streak of no straight grants

At the Lectern

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.