JURIST

FEBRUARY 22, 2021

The Vermont Supreme Court on Friday upheld a new state law prohibiting high-capacity magazines, affirming the validity of the state’s first major gun-control law. The law also sets limits for magazine sizes at 15 rounds for handguns and 10 rounds for long guns. The trial court denied his motion.

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Laws Court Statute Manufacturing 151

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

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Manufacturing Court Statute Laws 68

Patently O

MARCH 4, 2024

For several years, Celanese kept its Ace-K manufacturing process a trade secret while selling the Ace-K product it produced. Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. Celanese appealed. Compare D.L. Auld Company v.

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Manufacturing Statute Healthcare Court 40

The Crime Report

AUGUST 2, 2022

In a court filing last month, Glock claimed it has immunity from the suit under the federal Protection of Lawful Commerce in Arms Act and that the state law it is accused of violating is unconstitutional since it attempts to override the federal law.

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Manufacturing Statute Contract Attorney 52

JURIST

NOVEMBER 7, 2023

US District Court Judge Jerry Pappert limited the liability of opioid distributor Cencora (previously known as Amerisourcebergen) on Monday in the case US v. This is not the first suit the government has filed related to pharmaceutical distributors’, manufacturers’ and pharmacies’ role in the opioid epidemic.

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Statute Manufacturing Government Court 221

At the Lectern

MARCH 4, 2024

FCA US LLC , the Supreme Court today holds that restitution a manufacturer owes under the Song-Beverly Act (Civ. That rule applies “at least where, as here, a consumer has been forced to trade in or sell a defective vehicle due to the manufacturer’s failure to comply with the Act.” In Niedermeier v.

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Manufacturing Laws Statute Court 45

JURIST

NOVEMBER 8, 2021

The United States Supreme Court heard oral arguments Monday in Federal Bureau of Investigation v. While neither case is particularly high profile, both involve subtle interpretations of surveillance and copyright law, respectively. involves a complicated copyright dispute between two clothing manufactures.

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Court Manufacturing Statute Litigation 197

Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

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Statute Tort Manufacturing Court 59

SCOTUSBlog

JUNE 27, 2023

Share The justices narrowly rejected a challenge to the constitutionality of a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered in Pennsylvania and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v. of Philadelphia v.

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Laws Court Manufacturing Statute 116

Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term.

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Court Laws Manufacturing Statute 125

FDA Law Blog

JANUARY 9, 2024

Kirschenbaum — The law permitting the importation of cheaper prescription drugs from Canada—Section 804 of the Federal Food, Drug, and Cosmetic Act (FDC Act)—has been on the books for decades. In late 2020, industry groups challenged the final rule in federal court, but the case was dismissed for lack of standing. See 21 C.F.R.

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Statute Manufacturing Government Court 59

JonathanTurley

JULY 12, 2021

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

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Manufacturing Laws Litigation Litigating 43

FDA Law Blog

APRIL 16, 2024

Gaulkin — On April 10, the Fourth Circuit unanimously affirmed a summary judgment ruling for the Centers for Medicare & Medicaid Services (CMS) regarding the agency’s definitions of “line-extension drug” and “new formulation” for purposes of determining rebates that drug manufacturers may owe the Medicaid Drug Rebate Program (MDRP).

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Manufacturing Statute Court Decisions Court 59

FDA Law Blog

JUNE 15, 2022

In 2019, we blogged that the District Court found for the plaintiffs, holding that CMS did not have the statutory authority to make such a change without first conducting a hospital acquisition cost survey data. The District Court opinion was subsequently reversed by the D.C. The statute sets this “average price” as ASP plus 6%.

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Statute Court Court Decisions Healthcare 52

Day on Torts

JANUARY 25, 2021

The Tennessee Supreme Court recently held that product liability defendants “cannot be held liable for injuries resulting from products they did not make, distribute, or sell.” In Coffman v. Armstrong International, Inc., E2017-01985-SC-R11-CV (Tenn. 4, 2021), plaintiff was the wife of a deceased employee of a chemical plant. Code Ann. §

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Manufacturing Court Statute Laws 59

JURIST

MARCH 18, 2024

Israel made a public request to the International Court of Justice (ICJ), released Monday, to reject additional measures filed by South Africa to increase humanitarian aid to Gaza. Attorneys for Israel denied the “outrageous” accusations leveled by South Africa that Israel was manufacturing a health crisis and famine in Gaza.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Still, there are a number of important patent cases pending before the court. Still, there are a number of important patent cases pending before the court. Eligibility under Section 101 : American Axle & Manufacturing, Inc.

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Laws Court Litigation Litigating 95

Mondaq

AUGUST 2, 2022

District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico's Dealer's Contracts Act, also known as Law 75.

Manufacturing 40

Manufacturing Statute Contract Court 40

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 126

FDA Law Blog

NOVEMBER 7, 2021

We reported that HRSA was proceeding with enforcement actions against drug manufacturers that have declined to sell to 340B covered entities that use multiple contract pharmacies to dispense 340B drugs to their patients, despite the pendency of several lawsuits challenging such enforcement. Last week, the U.S.

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Statute Contract Manufacturing Court 52

Constitutional Law Reporter

AUGUST 22, 2023

Supreme Court held that the trademark infringement provisions of the Lanham Act do not apply extraterritorially, but rather extend only to claims where the infringing use in commerce is domestic. Hetronic manufactures remote controls for construction equipment. Supreme Court’s Decision The Supreme Court reversed by a vote of 5-4.

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Laws Statute Court Manufacturing 52

Patently O

DECEMBER 22, 2022

Although somewhat slow thus far, there is some potential that 2023 will turn out to be a major year for Supreme Court patent law jurisprudence. Full Scope Enabling Written Description : The court has granted only one petition, Amgen Inc., The Court is holding conference on January 6, 2023 to consider the fate of Juno.

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Court Laws Manufacturing Technology 59

SCOTUSBlog

MARCH 15, 2024

In this case, Truck Insurance Exchange wants to object to the plan proposed by the bankrupt asbestos company Kaiser Gypsum because the plan does not require the disclosure of parallel claims to other asbestos manufacturers that would allow the insurer to make sure the claims it must pay are not fraudulent.

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Court Contract Statute Manufacturing 107

JURIST

FEBRUARY 26, 2022

The Idaho House of Representatives passed a bill Thursday that would provide confidentiality to suppliers and manufacturers of lethal injection drugs. To become law, the bill must also pass the Idaho Senate and Governor Brad Little must then sign the bill into law. In January, the Supreme Court added Nance v.

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Manufacturing Statute Legal Legal 104

At the Lectern

MAY 30, 2024

Here are some of the notable actions at yesterday’s Supreme Court conference , a double one: Striking a strike. The court granted review in People v. ” Section 1385 was inapplicable, Division Two said, because “ ‘the Three Strikes law is not an enhancement.’ The court decided to also hear People v.

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Court Manufacturing Contract Attorney 45

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. The trial court rejected that argument, and the California Court of Appeals agreed.

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Calendaring Court Statute Court Rules 118

Patently O

DECEMBER 14, 2021

The Supreme Court has not yet granted a writ of certiorari in any patent cases this term, and has denied certiorari in several dozen cases. A handful of important petitions are pending whose outcome could be transformative to the law. Eligibility : American Axle & Manufacturing, Inc. by Dennis Crouch. 7,774,911 (Claim 22).

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Laws Court Manufacturing Technology 86

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

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Laws Contract Statute Construction 58

SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. In Abitron Austria GmbH v. It owns U.S.

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FDA Law Blog

MARCH 5, 2024

By Faraz Siddiqui — Last Friday, the Delaware District Court rejected AstraZeneca’s lawsuit against the Medicare Drug Price Negotiation Program enacted under the Inflation Reduction Act (IRA) and CMS’s guidance implementing it. contradicts the plain text of the statute and therefore must be set aside.” Opinion at 17.

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Court Statute Manufacturing Government 64

SquirePattonBoggs

JANUARY 13, 2021

On Monday the Supreme Court addressed—or, perhaps more to the point, chose not to address—an issue close to the hearts of many in the midst of a pandemic: home delivery of fine wine and spirits. The Court declined to review the Sixth Circuit’s decision in Lebamoff v.

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Laws Court Statute Manufacturing 55

SCOTUSBlog

JULY 5, 2023

Share Last week the Supreme Court held in Abitron Austria GmbH v. that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. In 1952, the court held in Steele v.

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Statute Manufacturing Court Laws 95

Patently O

APRIL 15, 2021

Here is a rundown of what’s happening with US Supreme Court cases: Decided : The court recently decided Google LLC v. The court made no determination as to whether the API was actually copyrightable in the first place. ” Argued : On March 1, 2021, the court heard oral arguments in US v. by Dennis Crouch.

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Laws Court Technology Manufacturing 83

FDA Law Blog

JUNE 2, 2023

Most are new or revised definitions and administrative changes, but several proposals represent new policies that should be of concern to drug manufacturers. Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices.

Manufacturing 59

Manufacturing Statute Government Calendaring 59

FDA Law Blog

SEPTEMBER 8, 2022

Recognizing the problems that high prescription drug costs pose to patient access to medications, many drug manufacturers have created copay assistance programs to help patients afford the copays and deductibles for their medications. These prohibitions are often referred to as copay accumulator adjustment programs.

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Manufacturing Statute Healthcare Court 83

Patently O

JANUARY 17, 2022

Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S. patent law. ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent. We know that U.S.

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Manufacturing Litigation Litigating Statute 122

SCOTUSBlog

JUNE 9, 2023

VIP Products firmly rejected the use of the Jack Daniel’s trademarks by a manufacturer selling a line of dog toys that mock various beverage manufacturers. All members of the court joined Kagan’s opinion finding that toy a condemnable infringement of the Jack Daniel’s marks. 2 On Your Tennessee Carpet” replaces “Old No.

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Manufacturing Statute Cause of Action Court 109