JURIST

MARCH 5, 2023

Forbes Friday ruled that the Illinois statewide ban on the sale and manufacturing of assault rifles is unconstitutional under the Illinois Constitution. The case is in the Circuit Court of the Sixth Judicial Circuit Macon County. 50 caliber rifle, and certain pistols.

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Manufacturing Court Rules Laws Court 231

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

AUGUST 9, 2023

The court initially stayed the district court ruling on July 28 and later extended the stay until Tuesday. The case involves a challenge to the ATF’s rule. The NFA authorizes the federal regulation of certain firearms, and the GCA requires manufacturers and dealers to have a federal license.

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Court Manufacturing Court Rules 197

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.,

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Manufacturing Court Rules Laws Attorney 219

Customs & International Trade Law

MARCH 10, 2023

Moreover, the court found that the plaintiff’s products were marketed and sold in compliance with state laws governing marijuana-related products, which suggested that the products were intended for lawful use. United States, No. Pursuant to 21 U.S.C. § In Keirton U.S.A., United States, No. contact info@diaztradelaw.com.

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Court Rules Court Manufacturing Government 59

JURIST

JULY 24, 2022

In March this year, the Texas Supreme Court ruled that “Texas law does not authorize the state-agency executives to enforce the Act’s requirements, either directly or indirectly,” thus leaving the ban in effect. 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

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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Manufacturing Statute Court Construction 125

Law 360

JANUARY 31, 2023

Insurers for a glass manufacturer cannot pursue most of their claims against two contractors over a 2017 factory explosion, a Michigan federal court ruled, saying waiver of subrogation clauses in the underlying service contracts bar all causes of action except those arising from gross negligence.

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Cause of Action Manufacturing Contract Court Rules 52

JURIST

APRIL 15, 2024

The bill prohibits people from manufacturing, importing, purchasing, selling, offering to sell or transferring ownership of an “assault weapon.” ” In 2022, the US Supreme Court ruled in New York State Rifle & Pistol Association, Inc.

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Manufacturing Court Rules Laws Court 118

JURIST

NOVEMBER 13, 2021

The Delhi High Court on Friday awarded interim relief in a trademark infringement suit to Bacardi and Company Ltd , for its alcoholic beverage called BREEZER by prohibiting the defendant-company Bahety Overseas Pvt Ltd from using the mark called FREEZMIX. Bahety Overseas is a manufacturer of non-alcoholic beverages.

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Prima Facie Case Court Manufacturing Court Rules 197

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

JURIST

APRIL 18, 2023

The city argued that the EPCA only preempts regulations imposing standards on the design and manufacturing of appliances, not those that impact the distribution and availability of natural gas–which the City’s ordinance does. Because of this, the city argued, its ordinance is not preempted by the EPCA.

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Laws Court Construction Manufacturing 104

Law 360

DECEMBER 5, 2022

An Indian revenue commission is allowed to use the fair-market value of goods to determine the price of laminates sold by a wood products manufacturer to its affiliates, resulting in almost $400,000 of tax, the Indian Supreme Court ruled Monday.

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Manufacturing Court Court Rules 40

SCOTUSBlog

MARCH 20, 2023

The case involves a dispute between Jack Daniel’s (the largest American whiskey manufacturer) and VIP Products (the second-largest American dog toy manufacturer). 7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.”

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Statute Manufacturing Court Decisions Court 107

JURIST

JANUARY 22, 2021

The Constitutional Court of Moldova on Thursday struck down a law passed in December that sought to provide the Russian language with legal protections alongside the Moldovan state language. Furthermore, the law required all goods manufactured in Moldova to be labeled in Russian next to Moldovan.

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Laws Court Manufacturing Legal 232

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

Law 360

NOVEMBER 15, 2021

A suburban Philadelphia court clerk exceeded their legal authority when adding more than $1.37 million in attorney fees and costs to a $34,224 judgment in a contract dispute between a father and son over ownership of a manufacturing company, a Pennsylvania appeals court ruled Friday.

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Contract Manufacturing Court Rules Attorney 40

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

APRIL 12, 2024

The justices on Friday answered only that question – in Sheetz’s favor – and sent the case back to the state courts for another look in light of the Supreme Court’s decision. The dispute began in 2016, when Sheetz wanted to build a manufactured home on a lot that he owns in Placerville, Calif.

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Court Rules Court Government Manufacturing 134

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. 20-1410 and Kahn v.

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Mens Rea Court Manufacturing Government 98

Patently O

JANUARY 25, 2022

Here, however, the Federal Circuit affirmed the lower court ruling that the publication did not render the information “generally known” to folks in the particular field in question. Ultimax Cement Manufacturing Corp. CTS Cement Manufacturing Corp. , 3d 1339, 1355–56 (Fed.

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Manufacturing Court Rules Court Litigation 133

SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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Calendaring Court Statute Court Rules 121

Broadcast Law Blog

JULY 16, 2019

Last week, a federal District Court ruled that the US Department of Health and Human Services did not have the authority to require that drug manufacturers include pricing information on their television commercials. We wrote about that requirement, here – a requirement that was supposed to go into effect this summer.

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Court Manufacturing Court Rules 42

Patently O

MAY 18, 2023

If a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent’s specification must enable a person skilled in the art to make and use the entire class. In simpler terms, it follows the elementary school principle: If you bring cookies to share, bring enough for everyone.

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Laws Manufacturing Court Court Rules 120

Day on Torts

AUGUST 22, 2022

Plaintiff filed a Motion to Substitute Expert Witness seeking to substitute a new expert whose opinions were “for the most part identical” to those of Dr. Sobel, but the trial court denied the motion. The Court of Appeals, however, found that the trial court “committed an abuse of discretion” in making this ruling.

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Court Court Rules Depositions Manufacturing 105

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 104

SquirePattonBoggs

NOVEMBER 24, 2021

The MDL arose from thousands of federal lawsuits brought by local governmental entities nationwide against opioid distributors and manufacturers, and it has never been uninteresting. The litigation faced significant delays due to the COVID-19 pandemic. The first scheduled bellwether settled on the eve of trial.

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Litigation Litigating Manufacturing Court Rules 45

SCOTUSBlog

MAY 19, 2023

The Supreme Court agreed. “If If a patent claims an entire class of processes, machines, manufactures, or compositions of matter,” Gorsuch wrote, “the patent’s specification must enable a person skilled in the art to make and use the entire class.” Amgen failed this test. The more one claims, the more one must enable.”

Court Rules 115

Court Rules Court Manufacturing 115

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. Justice Clarence Thomas authored the court opinion , which promptly dismissed the pharmacies’ strategy and the use of the FCRA’s “objectively reasonable” standard in FCA cases.

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Court Statute Government Court Rules 40

SCOTUSBlog

DECEMBER 13, 2023

Court of Appeals for the 5th Circuit upheld Kacsmaryk’s rollback of the later changes to conditions on the use of the drug, it ruled that the challengers’ efforts to invalidate the FDA’s initial approval of the drug came too late. The justices granted that request, allowing the drug to remain widely available for now.

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Court Rules Court Manufacturing Legal 127

SCOTUSBlog

SEPTEMBER 17, 2021

Although the district court ruled that Sundance had waived its arbitration argument by not making it earlier, the U.S. Court of Appeals for the 8th Circuit reversed because of “the absence of a showing of prejudice to Morgan.” Volkswagen Aktiengesellschaft v. Ohio, ex rel. Sundance, Inc.

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Contract Government Tort Court 82

Patently O

FEBRUARY 11, 2024

Reversing a PTAB post-grant review decision, the court ruled that claims reciting a heating element with having a length of 75-85% of the disposable aerosol-forming substance had adequate written description support even though the specification only described broader ranges, such as “about 75% to about 125%.” . Philip Morris Prods.

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Court Manufacturing Court Rules 57

Conflict of Laws

FEBRUARY 13, 2024

16 janvier 2024, n°22-83.681, available here ), the French Cour de cassation (chambre criminelle) recently rendered a ruling on some criminal charges against the French major cement manufacturer for its activities in Syria during the civil war.

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Litigation Litigating Court Rules Laws 72

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

JURIST

JANUARY 10, 2024

The dispute between Sheetz and El Dorado County originates from the county’s refusal to issue a permit for Sheetz to build a manufactured home on his property without first paying a $23,000 traffic impact fee to maintain roads in the area and mitigate the developments potential effect on them. ” Under decisions in Nollan v.

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Court Government Manufacturing Court Rules 221

Conflict of Laws

MARCH 12, 2024

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

Conflict of Laws

JANUARY 27, 2021

The Court ruled out an interpretation not congruent with that in Art. In an antitrust dispute between a Swiss watch manufacturer and a British wholesaler the Swiss Federal Court gives up its former holding (BGE 136 III 523) that a Swiss action for negative declaratory relief required a special legitimate interest.

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Construction Laws Court Government 52