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US federal court reverses ban on law requiring burial or cremation of fetal remains

JURIST

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

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Supreme Court Finds CMS’ Reduction of Medicare Hospital Outpatient Payment Rates for 340B Hospitals was Not Authorized by Statute

FDA Law Blog

Circuit, but today, the Supreme Court reversed again and upheld the District Court’s opinion in American Hospital Assn v. Writing for a unanimous court, Justice Kavanaugh explained that the Medicare statute provides CMS a choice between two options on how to set reimbursement rates for drugs provided in the hospital outpatient setting.

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4th Circuit En Banc Judgment Affirms District Court Decision in Best Price Stacking Case

FDA Law Blog

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.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The court also declined to vacate BLM’s leasing decisions and instead enjoined BLM from issuing drilling permits for the leases while it responds to the court’s decision. DECISIONS AND SETTLEMENTS. WildEarth Guardians v. Bernhardt , No. 1:16-cv-01724 (D.D.C. Circuit held this new proceeding in abeyance.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

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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COVID – Consolidated Appropriation Act “CAA” and Bankruptcy 12-27-20

Diane Drain

December 27, 2020 Congress passed the longest bill ever – 5,600 pages. It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. 2020 WL 7579338 (11th Cir. December 22, 2020).

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The late-May calendar is another 9-case blockbuster

At the Lectern

California Commerce Club : Does California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. The court granted review in August 2022. The court granted review in October 2022. Sundance, Inc.