Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term. by Dennis Crouch.

Court 125

Court Laws Manufacturing Statute 125

Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.

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Statute Tort Cause of Action Diligence 59

SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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Statute Government Court Rules Court 76

Patently O

FEBRUARY 24, 2022

Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. 21-746 (CVSG requested February 22, 2022). The statute indicates that any party to an IPR final-written-decision has a right to appeal. 2022)(forthcoming). Lets talk them through. Qualcomm Incorporated , No.

Laws 95

Laws Court Litigation Litigating 95

Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. E2021-00189-COA-R3-CV, 2022 WL 3092906 (Tenn. In Costner v. internal citation and quotations omitted).

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Statute Tort Construction Court 59

Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. In Jones v. Smith & Nephew Inc. , Code Ann. §

Statute 59

Statute Tort Manufacturing Court 59

JURIST

JANUARY 26, 2022

The new law has been adopted by Federal Decree-Law No. 34 of 2021 which came into effect on January 2, 2022, replacing the UAE’s former Federal Law No. The new law has been adopted by Federal Decree-Law No. 5 of 2012 on Combatting Cybercrime. 5 of 2012 on Combatting Cybercrime.

Laws 196

Laws Statute 196

FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). July 25, 2022. Pfizer, Inc. Department of Health and Human Services et al.

Statute 98

Statute Mens Rea Manufacturing Court 98

JURIST

JANUARY 22, 2024

The Philippines became a party to the Rome Statute , the founding treaty of the ICC, in November 2011. However, it withdrew from it in 2018 in accordance with Article 127 of the statute. Following the commencement of the preliminary examination, the Philippines subsequently withdrew from the statute.

Statute 189

Statute Government Court Laws 189

JURIST

OCTOBER 20, 2022

Russian Federation under Article 63 of the ICJ Statute. Article 63 of the Statute of the ICJ , stipulates “the right to intervene in the proceedings,” with the caveat that “the construction given by the judgment will be equally binding” upon an intervening State, not just the States directly party to the dispute.

Statute 239

Statute Construction Court Legal 239

JURIST

MARCH 24, 2023

The court’s finding rejected the argument of the plaintiff in the case, the Law Offices of Crystal Moroney P.C., The Appropriations Clause states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Congress must pass appropriation statutes in order for the government to spend money.

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Statute Court Law Office Government 211

The Crime Report

DECEMBER 4, 2023

A new law targeting gun traffickers, called the Bipartisan Safer Communities Act of 2022, has allowed the Justice Department to charge more than 250 people and prosecute 207 over the past 16 months, Devlin Barrett reports for the Washington Post. Eighty people were charged with violating the law’s provision against straw purchasers.

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Laws Statute 75

FDA Law Blog

MARCH 24, 2024

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).

Manufacturing 59

Manufacturing Contract Laws Statute 59

JURIST

NOVEMBER 7, 2023

” The case, originally filed in December 2022, alleged that Cencora “fueled” the opioid crisis by repeatedly ignoring reports of suspicious prescriptions for medications they distributed being filled at pharmacies as early as 2014, with the government seeking $1 billion in damages.

Statute 221

Statute Manufacturing Government Court 221

JURIST

JANUARY 17, 2023

First docketed May 17, 2022, the case originated from the criminal prosecution of the Turkish state-owned bank HalkBank by the US for its alleged involvement in aiding Iran to evade financial sanctions. In a brief to the Court, the United States’ case against Halkbank presents two separate legal arguments.

Legal 197

Legal Legal Court Statute 197

JURIST

SEPTEMBER 8, 2023

An example of such restrictions can be found in the December 2022 Taliban order barring women from working with international and domestic non-governmental organization (NGO) jobs. It is the HRW’s opinion that the Taliban’s policies against women have committed crimes against humanity under the Rome Statute.

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Statute Education Laws Court 104

JURIST

MARCH 5, 2024

According to a Court announcement, Sergei Kobylash, a Lieutenant General in the Russian Armed Forces, and Viktor Sokolov, a Navy Admiral, are accused of having ordered attacks on civilian objects and of having caused excessive incidental civilian harm, in violation of Article 8 of the Rome Statute. 2022 and Mar.

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Statute Court Criminal Law Laws 239

JURIST

MAY 1, 2022

Libya is not a party to the Rome Statute. In March 2022, the Office for the UN High Commissioner for Human Rights (OHCHR) expressed concern over the “deepening crackdown” on civil society in Libya, including arbitrary arrests and vilification campaigns on social media. The ICC began its investigation in March 2011.

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Statute Technology Government Court 194

JURIST

DECEMBER 4, 2023

In a statement regarding the footage, the Ukrainian Prosecutor General affirmed that “Under the procedural guidance of the Donetsk Regional Prosecutor’s Office, a pre-trial investigation was started in criminal proceedings on the fact of violation of the laws and customs of war, combined with intentional murder.”

Statute 210

Statute Laws Court 210

JURIST

NOVEMBER 24, 2023

Prosecutors filed for a confirmation of charges hearing against Kony on 24 November 2022. According to prosecutors, Kony is considered a person who cannot be found, and there were reasons to proceed in his absence, such as publicizing the proceedings against him and permitting the victims to put forward their views and concerns.

Statute 194

Statute Government Court Laws 194

JURIST

MARCH 28, 2023

Under the Maryland law, “before a hearing on a motion filed under this section, the victim or victim’s representative shall be notified.” On September 18, 2022, Feldman texted Lee to “ensure that he received the email and was aware of the hearing.”

Court 197

Court Statute Legal Legal 197

FDA Law Blog

JUNE 15, 2022

S. _ (2022). 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. The statute sets this “average price” as ASP plus 6%. Becerra, No. 20-1114, 596 U. dissenting).

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Statute Court Court Decisions Healthcare 52

Broadcast Law Blog

SEPTEMBER 19, 2022

The FCC also announced that broadcast licensees can look up their Fiscal Year (FY) 2022 regulatory fee amounts by logging onto the FCC’s website at [link] and clicking on the “View Fee Information and Exempt Status for any Broadcast Property” link. In some instances, it may be necessary to clear your browser before logging onto the website.

Statute 59

Statute Legal Legal Court 59

FDA Law Blog

JANUARY 4, 2022

On January 1, 2022, the recently revised version of the PhRMA Code on Interactions with Health Care Professionals went into effect. Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. Other jurisdictions like D.C.

Manufacturing 98

Manufacturing Statute Litigation Litigating 98

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ).

Contract 69

Contract Laws Court Statute 69

Patently O

APRIL 10, 2022

Meso Scale Diagnostics, LLC , 2022 WL 1052320, — 4th — ( Fed. In a 2019 post , Dennis explains why it is correct to refer to the Section 286 limitation on damages as a “statute of limitations.” By Chris Holman. Roche Diagnostics Corp. For the record, Judge Newman uses the term in her Roche Diagnostics dissent.).

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Statute Technology Court Contract 56

LawSites

DECEMBER 12, 2022

Lawyers and legal professionals using the AI-powered document drafting tool Clearbrief to create a legal brief or document will now be able to seamlessly view any case law they cite thanks to a partnership with the legal research and intelligence company Fastcase , the companies announced today. million seed round. . million seed round. .

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Legal Documents Drafting Legal Legal 98

Broadcast Law Blog

APRIL 3, 2022

As federal licensees, because of the federal criminal statute, broadcasters have been advised to avoid marijuana advertising, even as the states in which they operate have relaxed their marijuana laws. Then the President would have to sign the bill.

Construction 108

Construction Felony Statute Technology 108

Diane Drain

MAY 15, 2021

On January 1, 2022, HB2617 will become the law of Arizona. There are three parts to the bill and its amendments: The bill increases a homeowner’s homestead exemption from $150,000 to $250,000 effective January 2022. YEA, THAT IS WONDERFUL, BUT WHAT DOES THE HOMEOWNER GIVE UP? For decades, A.R.S. §

Laws 197

Laws Litigation Litigating Court 197

Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc. On April 29, 2022, the U.S. On May 10, 2022, the U.S.

Laws 97

Laws Manufacturing Administrative Law Government 97

FDA Law Blog

APRIL 21, 2024

Government—was that, despite having missed the statutory 60-day filing deadline, the patent was granted a PTE due to a change in the law created by Section 37 of the Leahy-Smith America Invents Act (“AIA”) ( Pub. That’s important, because PTE applications for U.S. Patent Nos. Patent Nos. 156(d)(l).”

Statute 59

Statute Litigation Litigating Laws 59

ClimateChange-ClimateLaw

NOVEMBER 6, 2023

City of New York , a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019 , New York City’s building performance standard to reduce greenhouse gas emissions from the City’s largest buildings. The court holds that the CLCPA does not preempt Local Law 97.

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Laws Court Government Real Estate 134

Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. 2022) ( non-precedential ). That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. by Dennis Crouch. Vidal (Fed. EPA , 202 F.3d 3d 296 (D.C.

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Laws Statute Attorney Court 90

Conflict of Laws

MARCH 10, 2022

The Council on General Affairs and Policy of the HCCH met online from 28 February to 4 March 2022, with over 450 participants. Several important developments relating to Membership and HCCH Conventions occurred during the meeting: El Salvador deposited its instrument of acceptance of the Statute, becoming the 91 st Member of the HCCH.

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Depositions Drafting Litigation Litigating 40

Conflict of Laws

FEBRUARY 24, 2022

A new book entitled Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still? and co-edited by Dr Poomintr Sooksripaisarnkit (of the University of Tasmania) and Dharmita Prasad (Jindal Global Law School, O.P Jindal Global University) has just been released by Springer. Peter Mazzacano.

Laws 98

Laws Law School Statute Contract 98

Mondaq

MAY 12, 2022

On April 11, 2022, Bill 88 the Working for Workers Act, 2022 ("Bill 88") received royal assent, making it law in Ontario. Bill 88 makes amendments to various employment-related statutes and introduces a new piece.

Statute 75

Statute Laws 75

FDA Law Blog

JANUARY 4, 2022

On January 1, 2022, the recently revised version of the PhRMA Code on Interactions with Health Care Professionals went into effect. Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. Other jurisdictions like D.C.

Manufacturing 75

Manufacturing Statute Litigation Litigating 75