Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

Statute 52

Statute Diligence Court Constitutional Law 52

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. It may have been Justice Clarence Thomas’s 74th birthday, but he was the one delivering gifts on June 23, 2022. In 2018, the U.S.

Government 124

Government Court Laws Statute 124

Conflict of Laws

JANUARY 11, 2024

Court decisions In 2019, a US District Judge for the Central District of California, applying Spanish law, found that court filings did not demonstrate a “willful blindness” on the part of the Museum, when it added the painting to its collection. The case was returned to the Court of Appeals.

Statute 45

Statute Laws Court Court Rules 45

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II.

Drafting 52

Drafting Laws Litigation Litigating 52

Patently O

FEBRUARY 10, 2022

On appeal, however, the Federal Circuit has reversed–holding that the Eddings letter constituted a “commercial offer for sale of the claimed design” and therefore created a bar to patentability under the statute. by Dennis Crouch. Larry Junker v. Medical Components, Inc. ( Junker’s U.S. Design Patent No.

Contract 76

Contract Manufacturing Statute Contract Law 76

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.” By JP Ellison & Holly N.

Manufacturing 72

Manufacturing Healthcare Contract Government 72

Diane Drain

DECEMBER 31, 2020

The Consolidated Appropriation Act “CAA”, I can only assume, like so many of the other laws created by the Legislative branch, that this huge Act contains lots of special interest provisions, but I regress. This provision, if it becomes effective, will sunset on December 27, 2022. PPP loans to debtors (or trustees).

Small Business 104

Small Business Contract Statute Government 104

Patently O

OCTOBER 5, 2022

Although most international civil courts offer some access to discovery, no other country has as extensive or powerful of a process. Italian law, for instance, has no obligation of discovery absent a specific court order. Lilly has argued that Novartis’ approach violates European competition laws. But, the U.S.

Litigation 60

Litigation Litigating Statute Court 60

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II.

Drafting 40

Drafting Laws Litigation Litigating 40

Patently O

SEPTEMBER 16, 2022

Unfortunately, the PTA statute is not a model of clarity and has been the subject of numerous court battles over various quirky elements. The provision at issue in Sawstop has to do with PTA added for PTAB appeals and district court challenges. Chan & Newton both graduated from GWU Law in 2010 & 2011 respectively.

Statute 61

Statute Court Court Decisions Technology 61

Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. EU private international law rules are almost always value neutral. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

At the Lectern

OCTOBER 27, 2022

Zuniga (2022) 79 Cal.App.5th 5th 870, a case Division Five concluded was “on all fours with our case,” but it found to be “somewhat unsatisfying” and as “leav[ing] the law muddled” an analysis in Zuniga distinguishing rather than disagreeing with a First District, Division One, opinion ( People v.

Court 56

Court Statute Court Decisions Attorney 56

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

Drafting 40

Drafting Laws Litigation Litigating 40

Patently O

AUGUST 18, 2022

Almost all patent law professionals will agree that an accused infringer with good prior art generally has a much better chance of getting the claims cancelled via IPR rather than asking a jury to decide. August 17, 2022). The court identifies this case as a unique situation resulting from an intervening Supreme Court decision.

Litigation 73

Litigation Litigating Court Statute 73

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. Amurodov, Jahongir. Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

Drafting 40

Drafting Laws Litigation Litigating 40

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

Manufacturing 59

Manufacturing Statute Court Decisions Court 59

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 16 February 2022: New entries are printed bold. Åkerfeldt, Xerxes. Beaumont, Paul.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137.

Drafting 52

Drafting Laws Litigation Litigating 52

FDA Law Blog

FEBRUARY 27, 2024

Part 1: Multiple PTEs Under the PTE statute at 35 U.S.C. § For years after the enactment of the Hatch-Waxman Amendments the PTO interpreted the PTE statute to permit multiple PTEs, provided there are separate, but not necessarily different, regulatory review periods. 351, 355-56 (1985). 156(d)(5) (see our prior post here.)

Statute 59

Statute Court Decisions Court Laws 59

SCOTUSBlog

FEBRUARY 21, 2022

He was arrested and charged by a federal law enforcement officer with violations of the Ute Mountain Ute Tribal Code and the U.S. In December 2017, Denezpi entered an Alford plea to a single count of assault and battery, a criminal offense under the tribal code, before the Court of Indian Offenses. Code of Federal Regulations.

Court 107

Court Government Statute Laws 107

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. 2) The statutory issue.

Statute 76

Statute Court Litigation Litigating 76

FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

Manufacturing 59

Manufacturing Statute Government Calendaring 59

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

Court 55

Court Government Litigation Litigating 55

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

Contract 62

Contract Court Statute Court Decisions 62

Constitutional Law Reporter

AUGUST 2, 2023

In 2022, as the COVID–19 pandemic came to its end, the Secretary invoked the HEROES Act to issue “waivers and modifications” reducing or eliminating the federal student debt of most borrowers. Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan.

Court 52

Court Education Constitutional Law Drafting 52

Constitutional Law Reporter

JUNE 9, 2022

Garland , 596 U.S. _ (2022), the U.S. Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents.

Immigration 52

Immigration Court Statute Government 52

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. In addition, the court declined to exercise its discretion to abstain or to apply the doctrine of primary jurisdiction. Conservation Law Foundation v.

Court 72

Court Government Compensatory Damages Litigation 72

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.

Lawyer 37

Lawyer Lawyers Laws Law School 37

ClimateChange-ClimateLaw

MAY 7, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. DECISIONS AND SETTLEMENTS. and non-U.S.

Court 40

Court Government Construction Litigation 40

ClimateChange-ClimateLaw

APRIL 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 3d 849 (9th Cir.

Court 115

Court Statute Litigation Litigating 115

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

On October 19th, 2022, a coalition of 19 Republican attorneys general (“AGs”) announced an investigation into six NZBA signatories: Bank of America, Citigroup, Goldman Sachs, JPMorgan Chase, Morgan Stanley, and Wells Fargo (the “NZBA Investigation”). Importantly, antitrust law distinguishes between concerted and independent action.

Finance 102

Finance Litigation Litigating Laws 102