FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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SCOTUSBlog

MAY 24, 2021

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v.

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JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The justices pushed Solicitor General Benjamin Snyder on what kinds of evidence an appellate court can use, and how far outside the trial court record they can go.

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JURIST

JUNE 15, 2021

The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. The court found that neither carried that burden, as both had been convicted of multiple felonies prior. United States. The issue in Greer v.

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JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. Watts had initially been charged with felony abuse of a corpse in October after Warren County police found the remains of her pregnancy in her toilet and trash.

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JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The man, Cleveland Grover Meredith, Jr., pleaded guilty to interstate communication of threats.

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JURIST

JUNE 17, 2021

The US Court of Appeals for the Fourth Circuit on Wednesday upheld a lower court’s decision to strike down North Carolina’s statewide abortion restrictions. For the past 140 years, North Carolina has criminalized the “procurement or administration of abortion as a felony.”

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SCOTUSBlog

APRIL 20, 2023

Cordero-Garcia , the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an “aggravated felony.” The argument on Monday did not provide a clear path forward.

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At the Lectern

AUGUST 12, 2021

Raybon , the Supreme Court today concludes that Proposition 64, a 2016 initiative that in general allowed adults to possess limited amounts of cannabis, did not override an existing statute banning possession of controlled substances in state correctional facilities. In People v.

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SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime.

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SCOTUSBlog

JUNE 28, 2022

And to what will it bind lower courts? Dobbs reiterates the long-established principle that unwritten rights, to be enforced by courts, must be deeply rooted in our history. Yet courts are bound not only by Dobbs ’s express holdings, but by whatever directly follows from those (absent contrary precedent on point).

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At the Lectern

JANUARY 3, 2021

A frequently invoked ground for Supreme Court review of a case is when it is “necessary. But offering the court an important legal issue is not alone enough to get a case heard. Sometimes, the court is just fine with the way the Court of Appeal has settled the issue. to settle an important question of law.”

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The Crime Report

JANUARY 18, 2022

While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.

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The Crime Report

APRIL 14, 2022

In most urban and suburban areas, particularly in Texas, it’s “nearly impossible to go about one’s day without entering a school zone,” which in turn conflicts with a citizen’s ability to exercise a right guaranteed under the Constitution, as interpreted by the Supreme Court, writes Tyler Smotherman, a J.D.

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SCOTUSBlog

DECEMBER 8, 2021

In the end, the case may turn on a question that seems more philosophical than legal: Is it possible for a would-be criminal to attempt to threaten physical force but stop short of making any actual threat? The answer could determine the scope of a federal criminal statute that punishes carrying or using a gun during a “crime of violence.”

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. Pfizer appealed to the Second Circuit, which again ruled against Pfizer.

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Paralegal Bootcamp

JULY 28, 2022

I have been in the legal field for over 30 years and a paralegal going on eight years. Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. .); Preparing legal memorandums is one of my favorite things to do.

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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JonathanTurley

OCTOBER 6, 2022

Now, the activist with Direct Action Everywhere has filed a police report and is threatening legal action. However, not only is another court likely to find that there was no right to rescue in a case involving the theft of pigs by animal activists , this activist is likely to establish that the players had right to tackle.

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Livesay&Myers

APRIL 5, 2021

The fault grounds for divorce in Virginia are adultery, cruelty, desertion, and felony conviction and confinement in excess of one year. Under the current statute, one of the requirements to obtain your final order of divorce is an affidavit of a corroborating witness. There are advantages and disadvantages to each.

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The Crime Report

APRIL 8, 2022

A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. TCR: The first part of your book focuses on the roots of the current legal system in English Common. Plea bargaining coincided with overt classism in the legal system.

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JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. I have a legal education.” It is also hard to instruct a jury on an ambiguous statute.

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JonathanTurley

APRIL 21, 2021

The incident has strikingly similar legal issues to the shooting of Adam Toledo in Chicago. Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. Garner , 471 U.S.

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At the Lectern

APRIL 28, 2021

The Supreme Court has announced a seven-case late-May calendar. On May 18 and 19, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself ): Natarajan v. The court granted review in February 2020. The court granted review in January 2020.

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The Crime Report

OCTOBER 5, 2021

As states slowly started to legalize and decriminalize certain drugs, authorities have moved to less punitive approaches to address the social costs of addiction. In 2000, 54 percent of the state court defendants convicted for weapons crimes were black, as compared to 44 percent white. How Should We Regulate ‘Dangerous Products’?

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At the Lectern

MAY 4, 2022

The Supreme Court today announced it would hear arguments in seven cases at its next calendar, the second of two calendars in May. This will be a heavier calendar than the court has had in a while. There haven’t been more than five arguments in a month since the court heard seven cases last June. (See Proc., § 425.16)? (2)

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SCOTUSBlog

MARCH 30, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court granted review on a case raising the question whether Andy Warhol paintings made using a copyrighted photograph were so “transformative” as to be a non-infringing “fair use.” Case in point: Texas v.

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SCOTUSBlog

NOVEMBER 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Court of Appeals for the 10th Circuit, Abitron argued that the Lanham Act should not apply to its foreign sales. A short explanation of relists is available here. There are four newly relisted cases this week.

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SCOTUSBlog

JUNE 15, 2021

Share Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v.

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The Crime Report

MAY 4, 2022

As the repercussions of the leaked draft of the Supreme Court’s preliminary ruling on Roe v. Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes. Wade continue to shake U.S.

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JURIST

JANUARY 26, 2024

. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. ” The conflict follows a Supreme Court ruling on January 22, wherein the court sided with the Biden administration in a dispute over a barrier along the southern border. .”

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SCOTUSBlog

OCTOBER 4, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back. On Monday, the court granted nine petitions from the enormous number that built up over the summer. A short explanation of relists is available here. First up is Buffington v.

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SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. Smith was charged with five felony counts.

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SCOTUSBlog

APRIL 19, 2021

Share On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon.

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The Crime Report

JANUARY 6, 2023

People walk dangerous routes when the government eliminates or fails to provide legal avenues that are safe, permanent and predictable whether it’s across the street or across an international border. In 1969, the Supreme Court held in Shapiro v. When someone ‘jaywalks’ from the Mexican side of the border to the U.S. Thompson that U.S.

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At the Lectern

MARCH 16, 2021

One of the most common grounds for Supreme Court review is when it’s necessary “to settle an important question of law.” Usually, but not always , the grant-and-holds will wait for a decision in the lead case and will then be returned to the Court of Appeal for reconsideration or with review having been dismissed.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. A debtor would beg to differ.”).

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