JURIST

JUNE 15, 2024

The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law. The contractor claimed it should not be held liable for conduct performed in Iraq under US contract, even if that conduct was found to be unlawful.

Tort 91

Tort Statute Contract Technology 91

Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

Contract 52

Contract Tort Statute Government 52

FDA Law Blog

FEBRUARY 5, 2023

By Faraz Siddiqui — In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts ). A lot is at stake here.

Contract 52

Contract Statute Manufacturing Court 52

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). When a relator files a complaint, the Government gets an initial opportunity to intervene in the case. quoting §3730(c)(3).

Court Rules 104

Court Rules Court Government Statute 104

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

Statute 96

Statute Court Contract Tort 96

Mondaq

FEBRUARY 16, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently reminded contractors of the importance of documenting submissions to the government and retaining that documentation.

Statute 40

Statute Contract Government 40

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress. In Thursday’s ruling in Cummings v.

Court Rules 98

Court Rules Court Contract Statute 98

Conflict of Laws

MAY 8, 2024

Whilst the CISG has been part of Australian law since 1989, it is a well-known fact that India is not a CISG Contracting State. Where – as in C P Aquaculture – it is not the case that both parties are from Contracting States, the CISG cannot apply by virtue of Art. This follows from Art. 1(1)(a) CISG. 1(1)(a) CISG. 1(1)(b) CISG.

Contract 67

Contract Laws Government Lawyer 67

Conflict of Laws

DECEMBER 6, 2023

They contracted to travel on the cruise in different parts of the world, and according to Princess, were subject to different terms and conditions subject to different systems of law. Princess argued that Mr Ho’s contract was subject to different terms and conditions to those that governed the contracts of other Aussie passengers.

Contract 67

Contract Laws Court Statute 67

Conflict of Laws

FEBRUARY 22, 2024

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. It held that choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law.

Court 64

Court Contract Laws Statute 64

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov. The court granted review in County of Santa Clara v.

Government 49

Government Court Contract Cause of Action 49

Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Many passengers contracted COVID-19; some died. Statute has left little of the common law untouched. Background The Ruby Princess’ passengers contracted on different sets of terms and conditions (US, UK and AU).

Laws 56

Laws Contract Statute Construction 56

SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.”

Statute 103

Statute Stare Decisis Government Contract 103

SCOTUSBlog

DECEMBER 2, 2021

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Two questions seemed especially pressing to the justices.

Contract 76

Contract Statute Court Contract Law 76

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

Stare Decisis 83

Stare Decisis Statute Court Contract 83

SCOTUSBlog

MARCH 11, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property. In Wilkins v.

Statute 83

Statute Contract Government Court 83

SCOTUSBlog

JUNE 3, 2021

United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years.

Statute 115

Statute Laws Government Contract 115

Conflict of Laws

FEBRUARY 28, 2024

In a victory for PDVSA, the New York Court of Appeals unanimously held that the validity of the bonds was governed by the law of Venezuela. The exchange was also approved by the company’s sole shareholder—the Venezuelan government—and by the boards of the PDVSA’s subsidiaries with oversight and control of CITGO.

Laws 70

Laws Contract Government Court 70

SCOTUSBlog

JUNE 1, 2023

Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. At issue in two consolidated cases – United States ex rel. SuperValu Inc. and United States ex rel.

Court 85

Court Statute Government Contract 85

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 83

Court Statute Cause of Action Contract 83

SCOTUSBlog

APRIL 14, 2023

Share The False Claims Act has for decades been the government’s primary anti-fraud statute. The Department of Justice has used the law to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting.

Government 113

Government Statute Legal Legal 113

JURIST

DECEMBER 4, 2021

Independence in no shape or form means that the lawyers or the lawyers’ association will not be responsive toward the government; rather it means that lawyers will kept away from political pressure and thus work in the best possible manner toward ensuring justice to the public.

Lawyer 223

Lawyer Lawyers Government Legal 223

FDA Law Blog

NOVEMBER 30, 2022

The Realtor argued that the government healthcare programs require that drugs not be “adulterated,” which means that Grifols’ manufacturing processes must comply with all applicable GMPs. Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C

Manufacturing 72

Manufacturing Healthcare Contract Government 72

At the Lectern

APRIL 27, 2023

” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit. .”

Finance 45

Finance Construction Court Contract 45

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

Statute 96

Statute Legal Legal Court 96

Conflict of Laws

JULY 13, 2023

INTRODUCTION The debate surrounding the composite approach i.e., the approach of accommodating the application of both the law applicable to the substantive contract and the Lex Fori to the arbitration clause has recently resurfaced with Anupam Mittal v Westbridge Ventures II (“Westbridge”).

Contract 52

Contract Government Laws Legal 52

Patently O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. The complaint asserts breach of contract based upon violation of its terms of service; unfair competition (based upon state law); and unjust enrichment. LyricFind scraped the data and then sold it to Google. Genius sued.

Laws 80

Laws Contract Statute Court 80

SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. The Department of Justice has used the FCA to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting. Chamber of Commerce.

Court 101

Court Government Statute Litigation 101

Day on Torts

FEBRUARY 14, 2022

56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

Contract 59

Contract Statute Court Legal 59

SCOTUSBlog

DECEMBER 3, 2022

Generally, the debtor decides with respect to each contract if it wants to assume the contract or reject it. Section 365 also includes statutory rules that in some (but not all) cases permit the debtor to assign its interest in the contract to a third party. United States , argued last Wednesday. Y&H Corp. ).

Court 79

Court Statute Contract Court Rules 79

SCOTUSBlog

APRIL 20, 2022

1723 , was aimed at federal contract workers who got sick after helping clean up the Hanford nuclear site in southern Washington. Still, as discussed at length during Monday’s argument, the two statutes might not be coextensive in the benefits they offer to covered workers. The state’s old law, H.B. Under 40 U.S.C.

Statute 103

Statute Government Laws Contract 103

SCOTUSBlog

APRIL 21, 2022

The case involves a federal statute that provides compensation to veterans who are disabled as a result of injuries or diseases that are “contracted in the line of duty” or for “aggravation” of preexisting injuries or diseases. The justices seemed split.

Statute 100

Statute Government Contract Court 100

SCOTUSBlog

APRIL 16, 2021

Though Alaska became part of the United States in 1867, the federal government only fitfully devoted attention to the status of the new territory’s Indigenous peoples. Most importantly for Chehalis , ANCSA departed from long-standing models of federal Indian law that governed the lower 48 states.

Government 116

Government Contract Statute Education 116

FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

Court 52

Court Statute Contract Litigation 52

SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. Plain text of the statute. ZF did not achieve a knock-out win based on the plain text of the statute.

Government 91

Government Statute Court Legal 91

FDA Law Blog

MAY 30, 2024

Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C.

Manufacturing 59

Manufacturing Contract Statute Court 59

SAV Paralegal Services

JUNE 14, 2021

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal.

Construction 52

Construction Paralegal Services Laws Paralegal 52