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.

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Statute Mens Rea Manufacturing Court 98

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. §

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Statute Tort Manufacturing Court 59

Mondaq

MAY 5, 2022

On April 25, 2022, the U.S. Court of Appeals for the Sixth Circuit addressed the application of the statute of limitations under the Comprehensive Environmental Response, Compensation, and Liability Act.

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Statute Litigation Litigating Court 52

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.

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JURIST

APRIL 9, 2024

Arizona’s Supreme Court found on Tuesday that a 159-year-old law banning abortion is enforceable following the US Supreme Court’s 2022 decision to overturn abortion rights case Roe v Wade, sending a 52-year-old case back to trial court. Wade , at which point the state statute was deemed unconstitutional and enforcement of it was enjoined.

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Laws Court Statute Criminal Law 249

JURIST

APRIL 25, 2024

Article 7 of the Rome Statute of the International Criminal Court defines a crime against humanity as any act, including among others, murder, extermination, and other inhumane acts of a similar character intentionally causing great suffering, when committed as part of a widespread or systematic attack directed against any civilian population.

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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.

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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.

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Statute Construction Court Legal 239

Mondaq

DECEMBER 8, 2021

A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. 3)(c) by eliminating the current statute of repose for latent claims.

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Statute Construction 40

JURIST

MARCH 24, 2023

Congress must pass appropriation statutes in order for the government to spend money. They cited the specific statute, 12 U.S.C. The court’s ruling directly conflicted with a 2022 ruling in the US Court of Appeals for the Fifth Circuit. The intent of the clause was to limit the executive branch’s spending power.

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Statute Court Law Office Government 211

SquirePattonBoggs

FEBRUARY 14, 2023

2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. In other words, the statute does not say what state of mind the defendant must possess in displaying, brandishing, indicating possession of, or using a deadly weapon. And in United States v.

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Mens Rea Felony Statute Court 59

Mondaq

JULY 21, 2022

On July 18, 2022, the New Jersey Supreme Court issued a decision interpreting New Jersey's Direct Action Statute, N.J.S.A. 17:28-2, and held that a claimant that pursues.

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Statute Court 40

At the Lectern

APRIL 29, 2024

Tirado (2022) 12 Cal.5th McDavid now says the replacement lesser enhancement can come from a statute other than section 12022.53, as long as the lesser enhancement “is supported by facts that have been alleged and found true.” Lewis (2022) 86 Cal.App.5th Fuller (2022) 83 Cal.App.5th Johnson (2022) 83 Cal.App.5th

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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. 2022) (written description). by Dennis Crouch. American Axle (cert denied).

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Court Laws Manufacturing Statute 125

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

At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 The court granted a pro per’s petition for review in Escamilla v. Review dismissed in forum selection case.

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Mondaq

AUGUST 3, 2022

In July 2022, the US Court of Appeals for the Ninth Circuit held that the Copyright Act's three-year statute of limitations for copyright infringement claims, 17 U.S.C. §

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Statute Court 40

Patently O

NOVEMBER 30, 2022

The statute also charges the committee with preparing an annual report. The committee is charged with reviewing “policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office … and advise the Director on these matters.” ” 35 USC 5.

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Statute 67

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.

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Statute Government Court Laws 194

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

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

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.

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Statute Legal Legal Court 59

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

AUGUST 5, 2022

According to the ICJ, under Article 63 of the Statute of the Court , states may intervene in proceedings if the outcome will bind them. CIJ_ICJ (@CIJ_ICJ) August 5, 2022. Until today, the UK has declined to intervene or officially label Russian aggression in Ukraine a genocide. Russia ) [link] pic.twitter.com/3C6OJPPiZx.

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Statute Construction Court Legal 196

JURIST

DECEMBER 4, 2022

On 5 December 2022, the 21 st session of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) is opening at the World Forum Convention Center in The Hague, the Netherlands. The session is scheduled from 5 to 10 December 2022. He files this report from The Hague.

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Statute Court Government 104

JURIST

FEBRUARY 16, 2023

Wade , and found that there is no federal constitutional right to abortion , in June 2022. The decision addressed two statutes: KRS 311.722 (the trigger ban) and KRS 311.7707-11 (the heartbeat ban), both of which prohibit termination of pregnancy after about six weeks, when fetal cardiac activity is typically first detected.

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Court Statute 196

Mondaq

JUNE 20, 2022

On April 28, 2022, the Ontario government tabled Bill 126, An Act to implement Budget measures and to enact and amend various statutes.

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Statute Government 40

JURIST

JUNE 24, 2023

.” Justices Ketanji Brown Jackson and Sonia Sotomayor dissented, with Justice Jackson writing: It is neither our job nor our prerogative to retrofit federal statutes in a manner patently inconsistent with Congress’s choices. ” The US government filed a petition for a writ of certiorari to the Supreme Court in 2022.

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Immigration Court Rules Laws Court 210

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.

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Legal Legal Court Statute 197

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.

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Laws Court Litigation Litigating 95

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

At the Lectern

APRIL 26, 2024

and instead impose a lesser uncharged firearm enhancement under a different statute (Pen. The court granted review in September 2022. McDavid is expected to decide whether the trial court has discretion to strike a firearm enhancement imposed under Penal Code section 12022.53 Code, § 12022.5). More about the case here.

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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.

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Manufacturing Statute Litigation Litigating 98

JURIST

MARCH 5, 2024

Prosecutors filed for confirmation of charges hearing against Kony in November 2022, marking a departure from the ICC’s general stance against in abstentia trials.

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Statute Court Rules Court Lawyer 197

JURIST

MARCH 28, 2023

According to the opinion, prosecutor Becky Feldman sent Lee an email on September 19, 2022, informing him that the hearing regarding whether or not to vacate Syed’s conviction would be in person. On September 18, 2022, Feldman texted Lee to “ensure that he received the email and was aware of the hearing.”

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Court Statute Legal Legal 197

JURIST

DECEMBER 4, 2023

This report is the most recent in a long list of accusations of war crimes committed by Russia since the war in Ukraine began in February 2022. The Prosecutor General further stated that “The killing of prisoners of war is a gross violation of the Geneva Conventions and is classified as a grave international crime.”

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Statute Laws Court 210

JURIST

APRIL 23, 2022

The Venezuelan government filed this request under Article 18 of the Rome Statute , under which a state may inform the ICC that it is investigating crimes falling within the court’s jurisdiction. He has also stated that his office could seek authorization for specific investigative measures under Article 18(6) of the Rome Statute.

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