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Del. Justices Say Healthcare Co. Must Pay Ex-CEO's Fees

Law 360

The Delaware Supreme Court affirmed a Chancery Court decision ordering a medical claims management company to pay the legal fees of its ex-CEO after he was found liable for breaching his fiduciary duties.

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Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Patently O

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. Neither court decision discusses the doctrine of equivalents.). 35 U.S.C. §

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Animal Legal Defense Fund. Animal Legal Defense Fund , 21-760. New Relists.

Statute 105
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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

The United States legal system is immensely complex. There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. In theory, the fact that the federal courts apply federal common law to this question should produce uniform results across the nation.

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The First Precedential Patent Decision of 2023: Dexcom v. Abbott Diabetes Care

Patently O

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware.

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The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

FDA Law Blog

Despite the ongoing legal proceedings, HRSA sent letters to the drug companies on May 17, 2021 stating that their 340B restrictions violated the 340B statute and that they “must immediately begin offering its covered outpatient drugs at the 340B ceiling price to covered entities through their contract pharmacy arrangements.” Becerra , No.