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Arkansas Law Prohibiting Manufacturer 340B Contract Pharmacy Restrictions Upheld by 8th Circuit

FDA Law Blog

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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Update on the 340B Contract Pharmacy Showdown: Judge Rules HRSA threat of enforcement is consistent with the 340B statute and the Constitution, but is arbitrary and capricious under the APA

FDA Law Blog

Kirschenbaum — On September 30, we blogged about the ongoing dispute and litigation around the use of contract pharmacies under the 340B Drug Discount Program (click here ). A key issue before the court was whether, despite the relevant statute’s silence on the issue, Congress intended to allow the use of contract pharmacies.

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Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia.

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Overview of the 2023 Amendments to Chinese Civil Procedure Law

Conflict of Laws

Written by NIE Yuxin, Wuhan University Institute of International Law 1. Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. Jurisdiction 2.1

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Motion to compel the arbitrations proceeding under federal equitable estoppel law denied: United States Court of Appeals for the Ninth Circuit

LexForti

Shrinivas Sugandhalaya LLP , the court denied the motion to compel the arbitrations proceeding under federal equitable estoppel law. According to the facts, the brothers Balkrishna and Nagaraj Setty signed an agreement for partnership where they became the joint owner of the incense manufacturing company.

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Guest Post by Prof. Contreras: Continental’s Antitrust Suit Against Avanci is Dismissed, but with Fewer Consequences for FRAND

Patently O

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

es the threat posed to companies that rely on third-party manufacturers. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Summary of the Supreme Court’s Opinions.