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. appropriately licensed, etc.)

Mens Rea 98

Mens Rea Court Manufacturing Government 98

At the Lectern

FEBRUARY 15, 2024

2) Does state law preempt a local ordinance when both prohibit the same conduct and the state law has a mens rea component that the local ordinance does not? ” The case concerns prosecution of an octogenarian landlord for violating city ordinances that prohibit renting to “any unlicensed Commercial Cannabis Activity.”

Calendaring 45

Calendaring Mens Rea Entertainment Court 45

SCOTUSBlog

MARCH 2, 2022

The government argues the intent standard is an objective one — an “honest effort” to comply with professional norms. The government’s burden of proof also was the subject of much back and forth, even though it was not a major component of the briefing. Lawrence Robbins argues on behalf of petitioner Xiulu Ruan.

Mens Rea 98

Mens Rea Government Statute Court 98

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 appealed to the Second Circuit, which again ruled against Pfizer.

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

JURIST

APRIL 15, 2024

When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. Her response: a person behaves corruptly when they know they are doing wrong.

Statute 129

Statute Government Lawyer Lawyers 129

Patently O

AUGUST 30, 2022

” This same rule is found within Rule 18 of the Federal Rules of Criminal Procedure: “the government must prosecute an offense in a district where the offense was committed.” Of these, elements 1 and 4 are mens rea elements rather than conduct elements and so the 11th Circuit found them irrelevant to the venue question.

Mens Rea 80

Mens Rea Government Court 80

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. Pfizer appealed to the Second Circuit.

Statute 98

Statute Mens Rea Manufacturing Court 98

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.

Mens Rea 88

Mens Rea Court Government Manufacturing 88

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. While the argument that “principles of equity” includes a willfulness requirement would not “directly contradict the statute’s other, express mens rea provisions or render them wholly superfluous[,].

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

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 a bedrock principle of criminal law that crimes require an actus reus (the prohibited act) and the requisite mens rea (mental state). favor cases of clear intentional wrongdoing over cases of mere negligent oversight.

Misdemeanor 59

Misdemeanor Mens Rea Felony Government 59

LexForti

NOVEMBER 17, 2022

This culminated to the passage of the Protection Of Children from Sexual Offences Act, and there was a new inclusion to Article 15 clause (3) asserting upon the Government’s authority to enact specific statutory requirement for protection of minors. Both of these modifications were assessed to be crucial.

Statute 52

Statute Court Mens Rea Legal 52

The Crime Report

MAY 19, 2021

As President Joe Biden continues to undo almost every policy approved by former president Trump, his recent decision to end Executive Order 13980, which required agencies that issue regulations with criminal penalties to “be explicit about what conduct is subject to criminal penalties and the ‘mens rea’ standard applicable to those offenses,” has raised (..)

Mens Rea 40

Mens Rea Criminal Law Lawyer Lawyers 40

The Crime Report

JANUARY 6, 2022

In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes.

Mens Rea 140

Mens Rea Real Estate Felony Laws 140