FDA Law Blog

JANUARY 11, 2024

Koblitz — Back in late September 2023 (and corrected in October), FDA issued its first interchangeable exclusivity determination pursuant to the Biologics Price Competition and Innovation Act (“BPCIA”).

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Conflict of Laws

SEPTEMBER 4, 2023

Schütze: Security for costs of english plaintiffs in Austrian litigation The judgment of the Austrian Supreme Court (Oberster Gerichtshof – OGH) of 29 March 2022 deals with the obligation of English plaintiffs to provide security for costs according to sect. 57 Austrian Code of Civil Procedure. It was approved by means of Law No.

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JURIST

APRIL 19, 2024

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. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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At the Lectern

MAY 1, 2024

On Tuesday and Wednesday, May 21 and 22, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself ): Castellanos v. The court granted review in March 2023. The court granted review in August 2022. Vigilant Insurance Co.

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Calendaring Court Entertainment Statute 45

SCOTUSBlog

DECEMBER 5, 2023

Share In its first opinion of the 2023-24 term in an argued case, the Supreme Court on Tuesday morning threw out a dispute over whether a self-appointed “civil rights tester” has a legal right to file a lawsuit under the Americans with Disabilities Act alleging that a hotel had failed to provide information about its accessibility on its website.

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Constitutional Law Reporter

JUNE 1, 2023

Goertz , 598 U.S. _ (2023), the U.S. Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. 1983 procedural due process claim begins to run at the end of the state-court litigation. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3.

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At the Lectern

AUGUST 20, 2021

They reiterate the argument today and say, “the easiest solution is for the California Supreme Court to allow the recall election to go forward, but hold that if Newsom is recalled, the lieutenant governor will then become governor until the expiration of Newsom’s term in January 2023.”

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Constitutional Law Reporter

OCTOBER 18, 2023

Lower Court Decisions Trade associations representing the platforms challenged both the Florida and Texas laws on First Amendment grounds. In the Florida case, the Eleventh Circuit Court of Appeals affirmed a preliminary injunction in part. 7072 was motivated by viewpoint discrimination.

Laws 52

Laws Court Constitutional Law Court Decisions 52

JURIST

JANUARY 25, 2023

The Supreme Court of India Friday dismissed a plea challenging the Caste Census initiated in the Indian state of Bihar. By terming the Public Interest Litigation (PIL) a “Publicity Interest Litigation,” the Supreme Court lent its tacit approval to the caste census.

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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.

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Statute Diligence Court Constitutional Law 52

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. This case was appealed to the Supreme Court and was closed with that Court’s refusal to review the case.

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Constitutional Law Reporter

MAY 1, 2023

United States , 598 U.S. _ (2023), the U.S. 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. In Wilkins v. Fort Bend County v. Davis , 587 U.S.

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Patently O

MAY 23, 2023

2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. In this case, the court noted a “totality of the circumstances” approach should be taken on a “case-by-case” basis. or the unreasonable manner in which the case was litigated.”

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Attorney Construction Litigation Litigating 73

Conflict of Laws

AUGUST 30, 2023

Final Update of 29 August 2023: New entries are printed bold. Breaking) News From The Hague: A Game Changer in International Litigation? One of the most recurring responses we received from the conference audience on site was how remarkably thoroughly prepared all conference speakers were for their respective presentations.

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Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] 2(3) (2023) [link]

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Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

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FDA Law Blog

JUNE 19, 2023

Given the make-up of the House and the aversion to expansion of FDA authority, it seems extremely unlikely that the newest version of the VALID Act, which was introduced in March 2023, will advance in the next two years. Raimondo , FDA may also lose the shield of Chevron deference in any litigation.

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Patently O

JANUARY 31, 2023

By Jason Rantanen It’s time for the January 2023 Federal Circuit statistics update! These charts draw on the Federal Circuit Dataset Project , an open-access dataset that I maintain that contains information on all Federal Circuit decisions and docketed appeals. (Note that this figure does not include Rule 36 summary affirmances).

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Litigation Litigating Court Calendaring 70

Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court.

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Court Laws Statute Litigation 67

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. 2023-1795 (Fed. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. by Dennis Crouch The U.S.

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Contract Court Statute Court Decisions 62

Patently O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. He has an extensive background in chemistry, food science, and viticulture. Inter partes review is not unique. In Allgenesis Biotherapeutics Inc. Cloudbreak Therapeutics, LLC , Case No. 22-1706 (Fed. of Wildlife , 504 U.S.

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Court Finance Attorney Court Decisions 48

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. Two years ago, in United States v. Coinbase, Inc. Bielski , 22-105. relisted after the Dec. 2 conference). United States v.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Three trials the district court selected as non-binding “bellwether” trials resulted in plaintiff verdicts. Below we briefly discuss those 14 cases. du Pont de Nemours & Co.

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Conflict of Laws

APRIL 4, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? 187-214 Coco, Sarah E.

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ClimateChange-ClimateLaw

APRIL 18, 2023

O n Monday, April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. City of Berkeley.

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Patently O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. 8] See U.S.

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Metadata Technology Laws Court 95

FDA Law Blog

AUGUST 21, 2023

Brand drugs, generic drugs, and medical devices alike have all been the target of state failure-to-warn litigation; in a recent case, OTC acetaminophen is the target. Interestingly, the Plaintiffs alleged that this duty existed when the mother was pregnant in 2015 even though the studies relied upon in the litigation are from 2021.

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Conflict of Laws

SEPTEMBER 14, 2023

On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”

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Drafting Court Laws Government 48

Conflict of Laws

FEBRUARY 15, 2023

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, registration now open , we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation?

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Drafting Laws Litigation Litigating 40

Constitutional Law Reporter

OCTOBER 9, 2023

Milligan , 599 U.S. _ (2023), the U.S. Supreme Court held that challengers showed a reasonable likelihood of success on their claim that an Alabama Congressional redistricting plan likely violated Section 2 of the Voting Rights Act. Alabama’s congressional map has remained remarkably similar since that litigation. In Allen v.

Litigation 52

Litigation Litigating Court Constitutional Law 52

Conflict of Laws

AUGUST 31, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 40

Patently O

JANUARY 11, 2024

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. 1243 (2023). Sanofi , 143 S. Most notably, Amgen does not mention In re Wands , 858 F.2d 2d 731 (Fed. Genentech, Inc.,

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Technology Court Manufacturing Court Decisions 51

Conflict of Laws

SEPTEMBER 28, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? Coco, Sarah E.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023 , taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 40

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The majority also emphasized that there are good reasons why federal courts have not traditionally entertained such lawsuits. In United States v.

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Immigration Court Rules Court Entertainment 52

JURIST

JANUARY 31, 2024

The US Eighth Circuit Court of Appeals declined Tuesday to rehear with the full Eighth Circuit panel of judges a prior appeals court decision curtailing private organizations’ ability to sue under section two of the Voting Rights Act for alleged racial gerrymandering in redistricting decisions.

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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. climate litigation charts. Federal Defendants Agreed to Make Determination on Climate Change-Threatened Beetle by August 2023. Derivative Litigation , No.

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