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.

Statute 98

Statute Mens Rea Manufacturing Court 98

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. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

JonathanTurley

SEPTEMBER 7, 2021

The statute itself reads like criminalized negligence. The mens rea element is merely eliminating involuntary failures like illness or force in the failure to perform. Restitution shall include the payment of legal interest at the rate provided in R.S. Amended by Acts 1980, No. 454, §1; Acts 2002, 1st Ex. 811, §1, eff.

Malfeasance 35

Malfeasance Mens Rea Statute Laws 35

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 Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.”

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

LexForti

NOVEMBER 17, 2022

Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Because of this, the necessity of maintaining the gender neutrality of the statute arose since several young males are also subjected to crimes of sexual nature.

Statute 52

Statute Court Mens Rea Legal 52

JonathanTurley

JUNE 17, 2022

There is also no compelling legal basis for the claim. Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” ” I guess there is no doubt. Those are plenty to start with.”.

Mens Rea 47

Mens Rea Law School Laws Felony 47