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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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Nevada Supreme Court upholds state ban on ghost guns, reversing lower-court decision

JURIST

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. In 2021, the Nevada legislature passed AB 286. Justice Lidia S.

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Federal appeals court refuses to stay decision striking down CDC eviction moratorium

JURIST

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. Congress extended the moratorium to January 31, 2021, and the CDC further extended it to March 31.

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Out now: Zeitschrift für vergleichende Rechtswissenschaft (ZVglRWiss) 120 (2021) No. 4

Conflict of Laws

This article further discusses whether there should be a per se bar to the extraterritorial application of Section 1782 and explains the broad implications that the recent appellate courtsdecisions on both issues have for foreign litigants and entities that are subject to the United States’ jurisdiction. The first issue U.S.

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More Venue and Corporate Games: This time with ANDA filing

Patently O

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Although the notice letter is a critical aspect of the Hatch-Waxman process, the Federal Circuit found that the letter was not an “act of infringement” as required by the venue statute. Celgene Corp.

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Would I FIE to You? FDA’s First Interchangeable Exclusivity Determination Results in Expiration

FDA Law Blog

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. Boehringer’s interchangeable Cyltezo in 40 mg/0.8 mL and 20 mg/0.4

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Justice Jackson Offers Fresh Interpretation of 14th Amendment in Alabama Case

The Crime Report

Milligan is a case about whether Alabama’s 2021 redistricting plan for the state’s U.S. A lower court decided that the maps did violate Section 2. “This is an important statute,” Kagan said of the Voting Rights Act of 1965. House seats violated Section 2 of the Voting Rights Act of 1965.

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