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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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New York AG Enters Suit Against Gun Manufacturer Glock

The Crime Report

According to the complaint, Glock also failed to train dealers to avoid illegal sales or nix contracts with those whose sales could be traced to crime scenes.

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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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Puerto Rico: Lessons For Manufacturers And Dealers In Federal Court's Denial Of Request For Injunction Under Dealership Statute - Foley & Lardner

Mondaq

District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico's Dealer's Contracts Act, also known as Law 75.

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Court faces dispute over insurer’s rights in asbestos bankruptcy plan

SCOTUSBlog

In this case, Truck Insurance Exchange wants to object to the plan proposed by the bankrupt asbestos company Kaiser Gypsum because the plan does not require the disclosure of parallel claims to other asbestos manufacturers that would allow the insurer to make sure the claims it must pay are not fraudulent.

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Second Circuit Decision A Reminder that Alleged FDCA violations don’t always equal FCA violations

FDA Law Blog

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.