FDA Law Blog

SEPTEMBER 30, 2022

As we reported, on November 5, 2020, the District Court held that the relator could not plausibly plead the requisite scienter because Forest’s interpretation of the ambiguous statute was objectively reasonable and CMS did not warn Forest away from that interpretation through authoritative guidance. Burr , 551 U.S.

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JURIST

APRIL 6, 2023

The statute in its plain language states, criminal penalties will apply to “every person who performs or attempts to perform an abortion.” Considering the unborn as party to the doctor-patient relationship may impact future court decisions. In January, the Idaho Supreme Court upheld the state’s near-total ban on abortion.

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Broadcast Law Blog

JULY 16, 2021

The court looked at other issues in its comprehensive decision, including an argument that the copyright holder waited too long to sue (rejected, as the suit was brought within the 3-year statute of limitations) and arguments that any harm was “de minimis” and did not justify a lawsuit.

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At the Lectern

FEBRUARY 25, 2021

The Supreme Court today finds a 2018 statute did not violate the California Constitution in eliminating the possibility of transfer to adult criminal court of almost all prosecutions for crimes committed by 14- and 15-year-olds. Coverage of the decision: Bob Egelko in the San Francisco Chronicle.

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Statute Attorney Court Court Decisions 40

SCOTUSBlog

FEBRUARY 23, 2023

The statute, though, contains several exceptions to the discharge, generally describing debts that Congress regarded as so important or reflecting such objectionable behavior that it is inappropriate for the debtor to discharge them. For Barrett, the case begins and ends with the language of the statute.

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Mondaq

OCTOBER 6, 2021

Employers can find themselves defending claims from the same aggrieved worker in multiple legal proceedings as a result of a new Divisional Court decision.

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Mondaq

MAY 9, 2022

Supreme Court decision issued last week barring the. Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S.

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Healthcare Statute Court Decisions Court 40

Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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SCOTUSBlog

MARCH 20, 2023

On dilution (under the federal Trademark Dilution Revision Act), the court held that VIP was protected by an exception for “noncommercial” uses. In its brief in the Supreme Court, Jack Daniel’s is scorching in its criticism of the 9th Circuit’s reading of federal trademark statutes.

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Statute Manufacturing Court Decisions Court 107

Conflict of Laws

OCTOBER 2, 2023

It is titled: CSA Okoli, A Yekini & P Oamen, “The Igiogbe Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions.” Contrary to this popular view, this work argues that the Igiogbe custom can be displaced by statute and other customary or religious laws.

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Laws Court Decisions Litigation Litigating 62

JURIST

MARCH 31, 2021

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall.

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SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 5th Circuit ruled that Reed should have filed his lawsuit within two years of the trial court’s decision denying his request for DNA testing. On Wednesday, the court reversed that decision. This article was originally published at Howe on the Court.

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Mondaq

MARCH 16, 2022

In this appeal, the Ninth Appellate District affirmed the trial court's decision, agreeing that the alleged agreement was barred by the Statute of Frauds under R.C. as it was.

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Statute Court Decisions Court 40

SCOTUSBlog

MAY 23, 2022

The case pitted the language of the Anti-Terrorism and Effective Death Penalty Act of 1996, which generally prohibits federal courts from holding an evidentiary hearing on these kinds of claims if the prisoner “has failed to develop the factual basis of a claim in State court proceedings,” against a 2012 Supreme Court decision, Martinez v.

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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.

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JURIST

APRIL 24, 2021

United States the Court held that in order to convict someone under the statute, the government must prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from possessing firearms. Decisions in both cases should come this summer. Two years ago in Rehaif v.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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The Crime Report

JUNE 29, 2021

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S. The men filed their lawsuit in 2008 under the 1789 U.S.

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Tort Court Statute Court Decisions 75

JURIST

JUNE 10, 2021

The US Court of Appeals for the Eighth Circuit on Wednesday affirmed a lower court decision to block enforcement of a Missouri law that would place tight restrictions on access to abortion. House Bill 126 , the “Missouri Stands for the Unborn Act,” includes a gestational age provision and a Down syndrome provision.

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Patently O

APRIL 11, 2024

In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. European Community , step one requires a court to decide whether the presumption against extraterritoriality has been rebutted by a clear indication from Congress.

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Statute Court Technology Contract 81

Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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Statute Litigation Litigating Cause of Action 52

SCOTUSBlog

JANUARY 10, 2022

The Supreme Court previously held that the post-removal statute contains an implicit time limit. Davis , a 2001 decision, the court read that provision to prohibit detention beyond six months for noncitizens ordered removed when their removal is not “reasonably foreseeable.” In Zadvydas v. Rodriguez and Johnson v.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court’s Decision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.

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SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.

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Court Decisions Statute Court Litigation 100

Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. . The word ‘account’ does not even appear,” he wrote.

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SCOTUSBlog

JUNE 1, 2023

The “challenge” in understanding the statute, Gorsuch pointed out, is that “there is no clear referent in § 11(a) telling us what ‘such security’ means.” For one thing, the statute imposes liability for false statements or misleading omissions in ‘ the registration statement.’” – rather than simply “a” or “any” registration statement.

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Statute Technology Court Court Decisions 88

SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? But a 2012 Supreme Court decision, Martinez v. We have to follow AEDPA.”

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Statute Lawyer Lawyers Court 103

SCOTUSBlog

JANUARY 9, 2022

In that case, the Medicaid statute obligates the state to “seek reimbursement” from the person who committed the tort, and it requires (in 42 U.S.C. Prior Supreme Court decisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses.

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Tort Statute Government Court Decisions 82

SCOTUSBlog

JUNE 23, 2023

The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute. Kavanaugh reasoned that when “the question on appeal is whether the case belongs in arbitration or instead in the district court, the entire case is essentially ‘involved in the appeal.’”

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Court Court Decisions Litigation Litigating 95

Patently O

SEPTEMBER 29, 2021

The statute would create a rebuttable presumption of consolidation. The new statute would list factors that a district court should consider when determining whether or not to grant a stay, all the changes would tend to promote stays of the litigation. Expanding the Scope of Inter Partes Review. ” More Powerful Stays. .”

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Statute Court Decisions Litigation Litigating 94

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

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FDA Law Blog

JANUARY 11, 2024

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. This all sounds complicated, I know.

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Litigation Litigating Statute Manufacturing 59

At the Lectern

MAY 5, 2022

The station quoted a court clerk as saying only that a “momentous court decision” would be announced the next day. The far more significant leak concerned People v. Tanner (1978) 151 Cal.Rptr. 299, vacated on rehearing, People v. Tanner (1979) 24 Cal.3d

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Court Drafting Statute Court Decisions 56

Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Although the notice letter is a critical aspect of the Hatch-Waxman process, the Federal Circuit found that the letter was not an “act of infringement” as required by the venue statute. Celgene Corp.

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Statute Manufacturing Court Decisions Court 95

JURIST

NOVEMBER 30, 2022

If the cabinet considers a federal law “unconstitutional or harmful to Albertans,” it is empowered by the legislature to render inoperative portions or the entirety of federal statutes in the province, and to replace these disregarded federal laws with substitute legislation.

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SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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Court Statute Government Laws 96

Broadcast Law Blog

FEBRUARY 20, 2014

Aereo finally lost a court decision. Oral arguments in the Supreme Court are to be held in April, with a decision in the case expected before the Court adjourns for its summer recess in July. Does this Utah decision serve as a preview of the upcoming Supreme Court decision?

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