JURIST
JUNE 12, 2021
had pleaded guilty to a felon-in-possession charge, and the government sought to apply the enhanced sentence under the ACCA. One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. ” Petitioner Charles Borden Jr.
JURIST
OCTOBER 30, 2022
Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed.
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FDA Law Blog
NOVEMBER 6, 2022
The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer’s Petition to SCOTUS.
FDA Law Blog
AUGUST 4, 2022
That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no). Pfizer appealed to the Second Circuit.
SCOTUSBlog
FEBRUARY 28, 2022
Xiulu Ruan, one of the petitioners, was a board-certified interventional pain specialist who the government alleges operated an Alabama “pill mill” — a term used to describe doctors, clinics, or pharmacies that prescribe or dispense high volumes of powerful narcotics inappropriately.
The IP Law Blog
MARCH 2, 2021
Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 2019), [link].
FDA Law Blog
SEPTEMBER 22, 2022
The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. It’s one thing to prosecute a corporation for the actions of employees since a corporation, while a legal entity, can only act through the individuals that make up that entity. A Park case should be no different.
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