JURIST

AUGUST 20, 2022

An abortion-inducing drug’s manufacturer has dropped its lawsuit challenging Mississippi’s restrictions on the provision and use of the drug, in connection with “the changed national landscape” in the wake of the US Supreme Court ruling in Dobbs v. GenBioPro Inc., GenBioPro Inc.,

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Day on Torts

JANUARY 25, 2021

Plaintiff brought this products liability claim against numerous defendants, including several industrial equipment manufacturers who made and sold equipment used by the deceased husband at his job. The husband died after being diagnosed with mesothelioma due to asbestos exposure at work. Code Ann. § 29-28-102(6).

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Manufacturing Court Statute Laws 59

JURIST

JULY 24, 2022

California Governor Gavin Newsom has signed a bill , SB-1327, modeled after Texas’ abortion law. Under the law, damages of at least USD 10,000 can be sought “for each weapon or firearm precursor part.”

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Manufacturing Court Rules Court Laws 222

Patently O

MAY 15, 2024

by Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v. as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Dick’s favor.

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Laws Drafting Court Manufacturing 98

Customs & International Trade Law

MARCH 10, 2023

It is still essential to remember, while many states have legalized marijuana for medical or recreational use, marijuana remains illegal under federal law. This blog will address recent Court of International Trade (CIT) cases on this very topic and will be a part 2 to our previous blog covering U.S. Pursuant to 21 U.S.C. §

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Court Rules Court Manufacturing Government 59

JURIST

APRIL 15, 2024

The bill prohibits people from manufacturing, importing, purchasing, selling, offering to sell or transferring ownership of an “assault weapon.” Individuals already in lawful possession of assault weapons are allowed to keep their firearms. Colorado’s House of Representatives passed HB 1292 Sunday by a vote of 35-27.

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Manufacturing Court Rules Laws Court 118

Patently O

DECEMBER 7, 2023

The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. Lundbeck A/S and its licensee Takeda relating to the antidepressant drug Trintellix (vortioxetine).

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JURIST

MAY 17, 2021

The US Court of Appeals for the Ninth Circuit upheld a $25 million judgment and jury verdict Friday finding that a California man, Edwin Hardeman, developed cancer from exposure to agribusiness Monsanto’s weed-killer, Bayer’s Roundup. Monsanto also asserted that decades of studies indicate Roundup is safe for human use.

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Punitive Damages Compensatory Damages Court Manufacturing 209

Patently O

MAY 18, 2023

Although a jury sided with the patentee Amgen, the district court and the Federal Circuit agreed with Sanofi’s contention, ruling that Amgen did not meet the enablement requirement as a matter of law. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law.

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Laws Manufacturing Court Court Rules 120

JURIST

NOVEMBER 1, 2021

A Second Circuit decision vacated two lower court rulings which allowed healthcare workers to claim religious exemptions to New York’s COVID-19 vaccine mandate. The decision also vacated an injunction from the Northern District of New York and a prior Second Circuit ruling on an Eastern District of New York case.

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Healthcare Court Manufacturing Court Decisions 197

JURIST

JANUARY 25, 2023

Mifepristone manufacturer GenBioPro Inc. GenBioPrio filed a similar challenge against Mississippi in October 2020 but dropped the lawsuit after the US Supreme Court ruled that there is no federal constitutional right to abortion. Additionally, the act’s definition of abortion includes the use of abortifacients.

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Manufacturing Healthcare Court Rules Attorney 178

SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. After the California Supreme Court declined to weigh in, Sheetz came to the U.S.

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Calendaring Court Statute Court Rules 120

Patently O

JANUARY 25, 2022

The district court ordered the defendant to “take all necessary steps to prevent publication” of those applications or resulting patents. On appeal, the Federal Circuit affirmed that preliminary injunction as warranted based upon California state trade secrecy law. Ultimax Cement Manufacturing Corp.

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Manufacturing Court Rules Court Litigation 133

FDA Law Blog

JUNE 28, 2022

21-5261, 597 U.S. _ (2022), the Supreme Court ruled that the government must prove — beyond a reasonable doubt — that a prescriber knew or intended that a prescription was not lawful in order to subject that prescriber to criminal penalties under the federal Controlled Substances Act (CSA). United States, No. 21 U.S.C. §

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Mens Rea Court Manufacturing Government 98

SCOTUSBlog

JULY 1, 2021

The lower courts blocked Minerva from asserting invalidity because Minerva’s founder had filed the original patent applications and then sold the patent rights, which eventually ended up with Hologic. The lower courts ruled that the founder’s original assignment of patent rights prevented, or “estopped,” Minerva from contesting validity.

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Stare Decisis Court Rules Court Manufacturing 103

Conflict of Laws

FEBRUARY 13, 2024

Written by Hadrien Pauchard (assistant researcher at Sciences Po Law School) In the Lafarge case (Cass. The decision addresses several key aspects of private international law in transnational criminal lawsuits and labour law.

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Litigation Litigating Court Rules Laws 73

FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. The cases were both brought under the False Claims Act (FCA), the Civil War-era law that the government uses to claw back funds it pays out to parties that overbill federal programs.

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Court Statute Government Court Rules 40

Conflict of Laws

MARCH 12, 2024

It also poses very interesting questions of private international law, as in particular the collective actions for damages against tech giants are usually international cases. In an earlier blogpost we reported that the Amsterdam District Court ruled that it had international jurisdiction under the Brussels I-bis Regulation and the GDPR.

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Litigation Litigating Court Finance 52

SCOTUSBlog

APRIL 20, 2022

Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of the state’s registration statute for foreign corporations.

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Statute Stare Decisis Court Manufacturing 105

Conflict of Laws

JANUARY 27, 2021

During this period, EU law in the field of judicial cooperation in civil and commercial matters applied to and in the United Kingdom. Therefore, it has to be concluded that the present article reflects the current state of law as established by the Trade and Cooperation Agreement (Rolf Wagner). Brexit has become a reality.

Construction 52

Construction Laws Court Government 52

JonathanTurley

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. Notably, this applies to relatively large businesses.

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Laws Court Rules Manufacturing Court 57

JonathanTurley

OCTOBER 10, 2022

Under common law, a discovered or anticipated trespasser is generally owed a duty to warn of (or make safe) any dangerous conditions that are known and non-obvious. In North Carolina, however, the rules are a bit more difficult for plaintiffs. .” In all likelihood, it was a phone-based app. Disclaimer.

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Tort Personal Injury Legal Legal 37

Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. Tube-Mac, is the plaintiff in this case and is looking to manufacture its own version of the container systems. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

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Statute Cause of Action Court Rules Court 57

SCOTUSBlog

MARCH 25, 2024

Later that month, the Supreme Court issued a temporary order that allowed mifepristone to remain widely available while the challenge to its approvals continued. Court of Appeals for the 5th Circuit, seeking to overturn Kacsmaryk’s decision. This article was originally published at Howe on the Court.

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Court Government Manufacturing Laws 121

Patently O

MARCH 19, 2021

The patented technology had been originally assigned to Freescale, an integrated circuit manufacturer spun off from Motorola, later purchased by another semiconductor manufacturer, NXP. A ruling in Intel’s favor may have made future royalties unavailable. As it happened the court ruled in VLSI’s favor on this point.

Technology 101

Technology Manufacturing Litigation Litigating 101

The Fashion Law

JANUARY 26, 2022

A federal court has issued its decision in what has been called “a novel lawsuit between a leading bridal wear designer and the manufacturer from whose employ she resigned over the control and use of social media accounts.” ” The case will now go back before the district court on remand. The case is JLM Couture, Inc.

Court 52

Court Manufacturing Contract Court Rules 52

The Fashion Law

MAY 5, 2021

Siding with Deckers, the court held that the promotion of UGG’s Australian heritage does not make for a false designation of origin, particularly in light of the fact that Deckers displays country of origin labeling on all of its products and its website. 1:16-cv-03676 (N.D.

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Court Depositions Manufacturing Court Rules 112

The Crime Report

APRIL 7, 2022

Jamie Benjamin and Gary Edinger of the Law Offices of Benjamin, Aaronson, Edinger & Patanzo , in Ft. When the Circuit Court judge in the restraining order case ruled against me, offering no reasons for doing so, I wanted to give up; but Benjamin and Edinger did not. Ron Kleiner of the Law Office of Ron M.

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Court Law Office Manufacturing Law School 145

SCOTUSBlog

NOVEMBER 10, 2021

Concepcion , the Supreme Court held that the Federal Arbitration Act requires courts to “place arbitration agreements on an equal footing with other contracts.” In Concepcion , the claim was that California state law treated arbitration contracts less favorably than other contracts. Volkswagen Group v. CVSG: 9/27/2021.

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Contract Manufacturing Court Government 96

FDA Law Blog

OCTOBER 4, 2021

The Court explained, “[i]f Congress wanted to make the ‘use or indication’ inquiry relevant to a holder’s market exclusivity for an orphan drug, it could have done so by including such language in § 360cc(a). The Court’s ruling has the potential to make a “ Circus ” of orphan drug exclusivity. Catalyst Pharmaceuticals, Inc.,

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Statute Court Manufacturing Court Rules 52

JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. It was like Brown v.

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Court Laws Manufacturing Statute 53

Above The Law

JANUARY 23, 2024

* Supreme Court rules 5-4 that Texas can't implement its own immigration policy. Politico ] * First Circuit blesses Mexico's lawsuit against American gun manufacturers marketing high-powered weapons to cartels. appeared first on Above the Law. Besides, he needs that money to keep paying lawyers to lose to Disney.

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Immigration Manufacturing Court Rules Legal 76

The Fashion Law

JUNE 10, 2021

NOW: Canadian apparel maker Gildan Activewear won a bankruptcy auction to buy American Apparel’s manufacturing equipment and intellectual property rights for $88 million in cash. The company said its stores and manufacturing operations would continue to operate normally under a restructuring deal reached with most secured lenders.

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Finance Court Real Estate Manufacturing 125

SCOTUSBlog

JANUARY 14, 2022

In 2017, Congress passed a tax law that allowed taxpayers to deduct from federal income taxation only up to $10,000 of state and local taxes. Then-President Donald Trump described the 2017 law as an “incentive” for taxpayers “to say, hey, make sure that your politicians do a good job of running your state.” New York v.

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Court Manufacturing Statute Laws 99

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The mere admissibility of the lawsuit is a victory in itself, given that German environmental law – at least in its express wording – does not give environmental associations the right to sue for the implementation of immediate action programs under the CCA. On the merits as well, the court ruled in favor of the plaintiffs.

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Litigation Litigating Government Court 142

SCOTUSBlog

NOVEMBER 15, 2021

Concepcion , the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” Concepcion involved a state law that treated arbitration clauses unfavorably. Share Ten years ago, in AT&T v. The justices asked the U.S. In Virgin America v.

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Contract Manufacturing Court Drafting 86

SCOTUSBlog

JANUARY 27, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Two years ago, the court ruled that medical device maker Arthrex, Inc., Litigation between Arthrex and rival manufacturer Smith & Nephew, Inc., A list of all petitions we’re watching is available here.

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Court Manufacturing Government Court Rules 61