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“Parsing Invalidating Statutes (Part II)”

HowAppealing

“Parsing Invalidating Statutes (Part II)”: John F. ” The post begins, “In a prior post, I argued that the precise language used in state statutes purporting to invalidate choice-of-law clauses and forum selection clauses can have outsized effects in litigation.

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D.C. Circuit Sides with Manufacturers in Latest 340B Contract Pharmacy Case

FDA Law Blog

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. A number of drug companies sued to enjoin enforcement. In affirming the District Court’s ruling, the D.C.

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Arkansas Law Prohibiting Manufacturer 340B Contract Pharmacy Restrictions Upheld by 8th Circuit

FDA Law Blog

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state. Code Ann. § 23-92-604(c)(1), (2) (Act 1103).

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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

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Justices to consider choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

Perhaps some of the justices will even enjoy a return to their law-school days, as they consider whether state or federal law should govern the enforceability of maritime choice-of-law clauses. The question here is whether the rules for enforcing the choice-of-law clause in a maritime contract fall within one of those gaps.

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Justices favor reliable enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The question – whether state or federal law should govern the enforceability of maritime choice-of-law clauses – at first seems technical. Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. Fireman’s Insurance Co. ,

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Federal judge finds Georgia anti-BDS law unconstitutional

JURIST

A US federal judge ruled Monday that Georgia’s anti-BDS law, which prohibits state contractors from boycotting Israel, violates the First Amendment and the due process clause of the Fourteenth Amendment. ” The post Federal judge finds Georgia anti-BDS law unconstitutional appeared first on JURIST - News - Legal News & Commentary.

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