FDA Law Blog

JUNE 15, 2022

Kirschenbaum — In 2017, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule to significantly decrease the rate the government will reimburse 340B hospitals in 2018 for outpatient prescription drugs from average sales price (“ASP”) plus 6% to ASP minus 22.5%. The statute sets this “average price” as ASP plus 6%.

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Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Alex Mills, Party Autonomy in Private International Law (CUP, 2018) p. The parties also agreed that English law should be the governing law.

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JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Decisions in both cases should come this summer. Two years ago in Rehaif v.

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SCOTUSBlog

FEBRUARY 21, 2024

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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Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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SCOTUSBlog

JANUARY 19, 2022

Share Four years ago, Congress passed the First Step Act , a bipartisan criminal-justice law that aimed to reduce overly severe sentences. Last year, the Supreme Court trimmed the scope of that law, unanimously ruling that one of its reforms does not apply to certain low-level crack-cocaine offenders. The case, Concepcion v.

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

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Patently O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. Because of that heavy threshold, a CVSG is typically seen as an important signal that the court is likely to grant certiorari. Qualcomm Incorporated , No. 35 U.S.C. § Alice Step 1).

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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. ,

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At the Lectern

NOVEMBER 2, 2021

Malcolm Maclachlan reports in today’s Daily Journal about impending state legislation to change the name of the UC Hastings law school because of recent focus on the institution’s founder, Serranus Hastings. In 1878, he donated $100,000 of his considerable wealth to found Hastings College of Law. 276-280, 348-350.).

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The Crime Report

JUNE 29, 2021

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. The Government claims that the easement includes public access, which petitioners dispute.

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Constitutional Law Reporter

MAY 10, 2023

The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. The Supreme Court is expected to issue opinions in the cases prior to the end of the Term in June.

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Joseph Greenlee is the director of constitutional studies at FPC Law. Bruen is a happy ending to a cautionary tale about what happens when constitutional rights are left to government discretion.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. While a handful of local prohibitions fall within the Ninth Circuit decision’s scope, many more do not. Options that remain available to local governments are addressed in the next section.

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SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Court of Appeals for the 9th Circuit. From 2012 to 2016, Hansen earned an estimated $1.8

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SCOTUSBlog

FEBRUARY 21, 2022

Some background about the general compromise that governs that problem sets the stage for this dispute. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. The success of that facility led to proliferation of the business model.

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SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The government again seeks review of the 9th Circuit’s holding. Two years ago, in United States v. citizenship through adult adoption.

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FDA Law Blog

JUNE 7, 2023

The court handed down its decision in cases colloquially referred to as SuperValu, which readers may recall from our coverage of another, related circuit court decision and the Supreme Court oral arguments. In this case, the Supreme Court provided greater clarity on how to interpret that requirement.

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Conflict of Laws

JUNE 7, 2023

Written by Christina Shin, University of Sydney Law School On 1 June 2023, International Children’s Day, the University of Sydney’s Centre for Asian and Pacific Law (CAPLUS) hosted an online webinar discussing the issue of children’s welfare and voices in private international law (PIL).

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SCOTUSBlog

MAY 28, 2024

Instead, they contended, he supplied the guns that his fellow gang members used to commit the crimes, and under a Texas law known as the “law of parties” he could face the same punishment that the shooters faced: death. A Florida state court upheld Cunningham’s conviction. Nike has denied any wrongdoing.

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SCOTUSBlog

FEBRUARY 21, 2022

Government officials – tribal, federal, and state – have established initiatives to address the disturbingly disproportionate rates of violent crimes perpetrated against indigenous women. He was arrested and charged by a federal law enforcement officer with violations of the Ute Mountain Ute Tribal Code and the U.S.

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Conflict of Laws

MAY 6, 2024

Dr Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham; Senior Research Associate; Private International Law in Emerging Countries, University of Johannesburg) We would like to thank Joy Chebet, Law Student at Kenyatta University, for her research assistance and comments.

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FDA Law Blog

NOVEMBER 30, 2022

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.”

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SCOTUSBlog

APRIL 16, 2021

Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples. Consequently, when Alaska became a state in 1959 and when, soon thereafter, oil was discovered in Prudhoe Bay, federal law left open many questions — especially land ownership.

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SCOTUSBlog

NOVEMBER 9, 2021

But when he moved back to Puerto Rico to be closer to his family, Vaello-Madero lost his SSI benefits because, by law, Puerto Rico residents are excluded from the program. On Tuesday, the Supreme Court will hear argument on whether that exclusion violates the Constitution. The case, United States v. territories.

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The Crime Report

AUGUST 18, 2022

Not all transgender people experience dysphoria, but the decision is a significant milestone in case law as discrimination protections and medical rights for transgender people are being challenged across the country. If it does, it’s a disability under the law. This is a huge win. Changing Definitions.

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Patently O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Law Review article titled “ The Permissibility of Acting Officials: May the President Work Around Senate Confirmation? — Dennis Crouch. Problem not solved, unfortunately.

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Constitutional Law Reporter

JUNE 9, 2022

1255 , which would have made Patel and his wife lawful permanent residents. Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. The majority went on to reject the opposing interpretations argued by the Government and Patel. “In

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.”

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.

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Hoban Law Group

APRIL 13, 2021

The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list. appeared first on Hoban Law Group.

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SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. However, if the statutory language is ambiguous, the court turns to step two. In 2020, the U.S.

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