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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

HRSA based its opinion on the statute and agency precedents over the last 25 years. Federal Court Found HRSA’s Advisory Opinion Was Based on Faulty Legal Grounds. Because “the agency wrongly believes that interpretation is compelled by Congress,” the court refused to give agency deference to HRSA. Becerra , No.

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

SCOTUSBlog

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Animal Legal Defense Fund.

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High Court Gun Ruling Fuels Licensing Debate in States

The Crime Report

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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