JURIST

FEBRUARY 21, 2024

The 10th of February 2024 was a particularly dark day for the citizens of Myanmar. At 8:00 PM, the Ministry of Information under the ruling State Administration Council (SAC) issued a significant notification regarding the People’s Military Service Law, a compulsory military service statute originally enacted in 2010.

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Drafting Laws Depose Education 230

OilandGasLawyer

JUNE 13, 2023

Governor Abbot has signed House Bill 456, passed by the Legislature, granting certain charities an exemption from ad valorem taxes on their oil and gas royalties, effective January 1, 2024. The bill amends the statute to provide an ad valorem tax exemption for mineral and royalty interests, but only for some charitable organizations.

Statute 96

Statute Education 96

Conflict of Laws

APRIL 16, 2024

A first view article was published online on 12 April 2024 in International and Comparative Law Quarterly. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. However, this double transposition from international law to commercial arbitration is misguided.

Statute 56

Statute Laws Court 56

JURIST

JANUARY 27, 2024

Article 8 of the Rome Statute of the International Criminal Court (ICC) defines both “[i]ntentionally directing attacks against the civilian population” and “[i]ntentionally directing attacks against civilian objects” as war crimes.

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Government Statute Court Laws 211

JURIST

NOVEMBER 17, 2023

Hamburger Mary also claimed that the law violated of the US Constitution’s First Amendment and that the statute was too vague to be properly enforced. The district court blocked the Protection of Children Act from coming into effect with a preliminary injunction, ahead of a trial scheduled for June 2024.

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Court Laws Misdemeanor Statute 240

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. 51 ABA Preview of US Supreme Court Cases February 2024, at 12. ” 17 U.S.C. §

Statute 104

Statute Diligence Court Laws 104

FDA Law Blog

MARCH 24, 2024

They argue that the 340B statute had never intended to give contract pharmacies such an outsized role in the program, in part because their proliferation stretched HRSA’s enforcement capacity and resulted in widespread noncompliance. On March 12, 2024, a three-judge panel of the Eighth Circuit affirmed. 22-3675, 2024 U.S.

Manufacturing 59

Manufacturing Contract Laws Statute 59

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.

Court Rules 52

Court Rules Court Cause of Action Statute 52

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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Compensatory Damages Court Statute Court Rules 145

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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Statute Court Cause of Action Attorney 67

FDA Law Blog

APRIL 21, 2024

Post-AIA, and a later change to the law to account for controlled substance FDA application approvals, the PTE statute at 35 U.S.C. § The statute does not provide any applicable exception for such a falsity. Patent Nos.

Statute 59

Statute Litigation Litigating Laws 59

JURIST

JANUARY 8, 2024

TRIAL International informed on Thursday that Ousman Sonko, a former Gambian Minister of Interior, will be tried by the Swiss Federal Criminal Court (FCC) in Bellinzona on January 8, 2024, and the trial will last till January 30.

Depose 157

Depose Statute Court Lawyer 157

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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Government Statute Attorney Litigation 62

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.

Statute 52

Statute Government Laws Attorney 52

Constitutional Law Reporter

APRIL 2, 2024

United States scheduled for April 24, 2024. Idaho Code § 18-622 (section 622), entitled the “Defense of Life Act,” makes it a crime for anyone to perform an abortion unless a physician acts within exceptions that the statute enumerates. Supreme Court will take up abortion again with oral arguments in Moyle v.

Court 52

Court Constitutional Law Statute Laws 52

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] 1] [2024] SGHC 21. [2] 7] [2024] SGHC 21 [46]. [8]

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Court Cause of Action Laws Contract 64

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. 668 (1942).

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Statute Court Technology Court Decisions 71

Patently O

JANUARY 9, 2024

Although the statute includes a “by others” caveat, the clause’s grammar suggests that qualification only applies to prior art created by being “known or used” and does not apply to printed publications. Oral arguments were held January 8 2024, and a decision is expected later this year. 35 U.S.C. §

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Statute Litigation Litigating Attorney 48

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.

Manufacturing 40

Manufacturing Statute Healthcare Court 40

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]. It is not entirely clear how this point was relevant to the issue of the anti-suit injunction.

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Statute Court Laws Contract 70

At the Lectern

APRIL 18, 2024

Fonnegra (2024) 15 Cal.5th Clark (2024) 15 Cal.5th ” Horvitz & Levy was appellate counsel for the defendant District. Noble LA Events, Inc. which had been a grant-and-hold (see here ) for TriCoast Builders, Inc. 5th 766 (see here ). Criminal case grant-and-transfer. 5th 743 (see here ).

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Court Statute Government 45

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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Diligence Calendaring Statute Government 69

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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Statute Litigation Litigating Government 44

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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Diligence Statute Court Legal 48

FDA Law Blog

AUGUST 27, 2023

As industry is well aware, by the terms of the statute, the DSCSA’s interoperability provisions become effective ten years after its 2013 enactment, or on November 27, 2023. FDA states this will “facilitate the use and exhaustion of product supply already in the supply chain prior to November 27, 2024.” Guidance at 5.

Manufacturing 52

Manufacturing Diligence Statute 52

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.

Construction 52

Construction Statute Laws Attorney 52

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.

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Personal Injury Court Immigration Statute 103

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.” ” But the copyright statute is different – it does not appear to expressly require a human author. The case, Thaler v.

Statute 62

Statute Technology Laws Court 62

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. Bissonnette v.

Court 94

Court Calendaring Contract Statute 94

Constitutional Law Reporter

MARCH 5, 2024

2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

Court 52

Court Statute Constitutional Law Contract 52

FDA Law Blog

JANUARY 11, 2024

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. This all sounds complicated, I know.

Litigation 59

Litigation Litigating Statute Manufacturing 59

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.

Contract 56

Contract Depositions Statute Laws 56

Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right. In Lindke v.

Court 52

Court Cause of Action Government Court Rules 52

SCOTUSBlog

SEPTEMBER 29, 2023

The cases granted on Friday will likely be argued in January or February 2024, with a decision to follow by summer. 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. In Corner Post v.

Calendaring 120

Calendaring Court Statute Court Rules 120

Patently O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § Cellect’s petition is now due May 20, 2024, and I expect significant support from the patent owner community. .”

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Court Statute Attorney Government 44

At the Lectern

JANUARY 17, 2024

At the current rate, the court will issue only 38 or 39 opinions this 2023-2024 term, which will be the smallest number since. and instead impose a lesser uncharged firearm enhancement pursuant to a different statute (Pen. The Supreme Court today announced it will hear four oral arguments in February. ever, we think. Code, § 12022.5)?

Calendaring 45

Calendaring Court Statute 45

Constitutional Law Reporter

FEBRUARY 8, 2024

Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc.

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Statute Cause of Action Entertainment Court 52