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).

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JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. More decisions on access to reproductive care are to come in 2024. The grand jury responded by returning a no bill—effectively dismissing the case.

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Day on Torts

MAY 14, 2024

April 9, 2024), plaintiff filed an HCLA suit against defendant doctor related to an allegedly negligent surgery. Later, he filed a motion to dismiss based on insufficient service of process and the statute of limitations. W2022-01714-COA-R3-CV (Tenn. Tennessee Rule of Civil Procedure 4.04 internal citation and quotation omitted).

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Conflict of Laws

APRIL 16, 2024

A first view article was published online on 12 April 2024 in International and Comparative Law Quarterly. Inspired by Paulsson’s ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals.

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Conflict of Laws

MAY 8, 2024

Introduction Recent developments in the field of family law in the UAE, in particular the adoption of the so-called “Civil Marriage Laws”, have aroused interest, admiration, curiosity, and even doubt and critics among scholars and practitioners of family law, comparative law and private international law around the world. [1]

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Conflict of Laws

FEBRUARY 28, 2024

On February 20, 2024, the New York Court of Appeals handed down its opinion in Petr óleos de Venezuela S.A. The bondholders, represented by MUFG Union Bank, argued for New York law. PDVSA”), argued for Venezuelan law. In 2019, the United States recognized Venezuela’s Interim President Juan Guaidó as the lawful head of state.

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JURIST

JANUARY 27, 2024

HRW suggested that these actions may violate laws-of-war prohibitions against attacks that fail to distinguish between civilian and military targets, potentially constituting war crimes. Traoré canceled the upcoming 2024 elections after claiming the country was “at war.”

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Patently O

FEBRUARY 20, 2024

” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” MGM and SCA Hygiene Products stating that the statute of limitations “ordinarily” begins with the wrongful act. ” 17 U.S.C. § of Governors, FRS.

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SCOTUSBlog

MAY 1, 2023

Natural Resources Defense Council , the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. Raimondo , is likely to be argued in the fall, with a decision to follow sometime in 2024. Share Nearly 40 years ago, in Chevron v. Circuit.

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Patently O

MAY 13, 2024

Citing privacy concerns as well as seeking a test-case on behalf of clients, Pamela Chestek provided only her law firm mailing address when registering her mark CHESTEK LEGAL. Vidal opened the door to extensive USPTO rulemaking that entirely avoids the notice and comment process required by the Administrative Procedure Act (APA).

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Patently O

MAY 9, 2024

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 20, 2024). 20, 2024). Nealy , No. 22-1078, 601 U.S. ” See 17 U.S.C. § 504(a)-(c). .”

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LawSites

NOVEMBER 15, 2023

It also previewed its coming integration of Casetext CoCounsel as an AI legal assistant across multiple TR products, including Westlaw Precision, Practical Law, Document Intelligence, and HighQ. Starting in 2024, TR will begin adding AI-assisted research to Westlaw in markets outside the U.S., Now we know more details.

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Conflict of Laws

APRIL 21, 2024

The New Zealand High Court has now decided that, in its view, there is no place for anti-suit injunctions under the TTPA regime: A-Ward Ltd v Raw Metal Corp Pty Ltd [2024] NZHC 736 at [4]. This was not how the term had been used in the common law (see The Eleftheria ).

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Constitutional Law Reporter

FEBRUARY 28, 2024

Kirtz , 601 U.S. _ (2024), the U.S. Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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JayS.Rothman&Associates

JANUARY 31, 2024

It is the public policy of California to protect employees from being retaliated against by their employers for disclosing information that the employee has reason to believe involves a violation of a state or federal statute or law or for refusing to participate in an activity that would violate a state, federal, or local rule or regulation.

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Conflict of Laws

APRIL 25, 2024

The wide-reaching effect of a previous Court of Appeal decision on the interpretation of gateway (n) which covers a claim brought under statutes dealing with serious crimes such as corruption and dug trafficking and ‘any other written law’ is also yet to be grasped by litigants. [5]

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Law 629 of 2000 on the Kyoto Protocol.

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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. Patent Nos.

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Constitutional Law Reporter

APRIL 2, 2024

United States scheduled for April 24, 2024. The issue before the Court is whether Idaho’s strict abortion law is preempted by the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. Following the Supreme Court’s decision in Dobbs v.

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Patently O

FEBRUARY 22, 2024

by Dennis Crouch and Timothy Knight On February 21, 2024, the Supreme Court heard oral arguments in the case of Warner Chappell Music v. Although the statute does not make any distinction between a right to file an action and a right to back damages, the distinction stems from ambiguous dicta in the Court’s 2014 Petrella v.

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FDA Law Blog

APRIL 25, 2023

Please refer to the help text in this section for the content that is required according to this statute.” Since section 524B(b) of the FD&C Act on its face does not apply to IDEs, it would seem that these recommendations are likely to remain unaltered by the new law. It will be provided in a future eSTAR update.

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Intelligize Blog

FEBRUARY 15, 2024

The ruling led some experts to label Sarbanes-Oxley “…one of the most employee-friendly whistleblower-protection statutes in the nation.” Attorney Damian Williams in announcing the program as part of his office’s priorities for 2024. The SEC kept the ball rolling in 2024. Meanwhile, a new program spearheaded by the U.S.

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Patently O

APRIL 29, 2024

Patent system, and today’s guiding statute (35 U.S.C. This “same invention” statutory requirement continued within the statute through major developments, including the 1870 Act, and was still the law in 1942 when the Supreme Court decided U.S. The statute was at that time codified at 35 U.S.C.

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SCOTUSBlog

JANUARY 5, 2024

Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. NetChoice LLC , on Feb.

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Conflict of Laws

OCTOBER 31, 2023

Following a six-month voting period, and provided a majority of votes have been cast in its favour, Rwanda will be invited to become a Member by accepting the Statute of the HCCH. It will enter into force for Rwanda on 5 June 2024. With the accession of Rwanda, the 1961 Apostille Convention now has 126 Contracting Parties.

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FDA Law Blog

JANUARY 8, 2024

Claud — As the calendar turned to 2024, we came across the usual end-of year looks back and projections ahead. Diligence related to FDA-regulated industries often involves not only FDC Act review, but also federal and state False Claims Acts, and Anti-Kickback Statutes, along with other state and local laws and regulations.

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Conflict of Laws

FEBRUARY 22, 2024

On February 21, 2024, the U.S. The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. state whose law is displaced. state whose law is displaced.

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Patently O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. But, the problem is that the statute expressly asks whether the invention was “on sale.” held that in the AIA, Congress did not change the meaning of “on sale” from the pre-AIA statute.

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SCOTUSBlog

APRIL 29, 2024

Share In a list of orders released from the justices’ private conference last week, the justices granted review in four cases – adding those cases to the lone four cases that they have agreed to take up for the 2024-25 term since early January. In Medical Marijuana v. Court of Appeals for the 2nd Circuit, which reinstated his RICO claim.

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Patently O

APRIL 18, 2024

2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.” The parties have now filed their briefs, along with one law professor amicus brief in support of Thaler. The case, Thaler v. Perlmutter , No.

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Patently O

DECEMBER 8, 2023

Sonos will also argue that changes to patent term limits have effectively codified a statute of limitations, preempting the common law doctrine of prosecution laches. Instead, the court tends to follow a technocratic approach that centers on following the statute and advancing patent law objectives.

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Customs & International Trade Law

JANUARY 15, 2024

Here is a recap of the latest customs and international trade law news: 2024 Regulatory Agenda New regulation alert: the semiannual regulatory agendas of the departments of Homeland Security and Treasury list several regulations impacting international trade that are expected to be finalized this year.

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SCOTUSBlog

SEPTEMBER 29, 2023

This year the long conference yielded 12 new grants, on topics ranging from controversial laws seeking to regulate social media companies ( covered in a separate story ) to property rights and bankruptcy fees. The cases granted on Friday will likely be argued in January or February 2024, with a decision to follow by summer.

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Customs & International Trade Law

APRIL 18, 2024

The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud. The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud. What is the False Claims Act? Register here.

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Government Healthcare Statute Laws 52

At the Lectern

MAY 16, 2024

Superior Court (see here ), which is expected to decide whether a forum selection clause is enforceable when a party’s right under California state law to a jury trial for their civil claims would not apply in the exclusive forum identified by the clause. ” (Link added.) ” (Link added.) Racial Justice Act. Walker (see here ).

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Patently O

APRIL 19, 2024

Although the law sets a floor for institution (reasonable likelihood of success), the statute does not require institution in those cases. Although not in the statute, after losing in Arthrex , the USPTO was forced to create an additional post-trial discretionary layer known as director review that was the subject of an earlier NPRM.

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Patently O

MARCH 16, 2024

2024) 22-611_ap6c. I’ve been following the case as part of my work on internet and media law issues. The statute reads, in relevant part: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. 2024) 22-324_09m1. by Dennis Crouch Lindke v. Freed, 601 U.S.

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