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Also notable is what CMS does not address in the rule – CMS declined to establish what qualifies as an identification of an overpayment that needs to be returned to avoid False Claims Act violations. [read post]
23 Apr 2024, 10:52 am by Giles Peaker
The Government will hopefully bring forward amending legislation to remove the incompatibility, but until it does so it must simply be disapplied. [read post]
23 Apr 2024, 10:28 am by Dennis Crouch
  The appeal is now pending with Teva is asking the Federal Circuit to reinstate the verdict. [read post]
However, copyright does not protect against more than one artist creating identical works, so long as they do so independently of each other. [read post]
23 Apr 2024, 7:00 am by bklemm@foley.com
However, conclusory testimony does not hold the same weight as factual evidence. [read post]
23 Apr 2024, 6:24 am by Felix Le Roux
On 8 April 2024 the Supreme Court of Appeal delivered a judgment affirming that the residence of the defendant alone does not confer jurisdiction on the South African courts where no other link exists between the claim and the jurisdiction of the South African courts. [read post]
23 Apr 2024, 6:24 am by Felix Le Roux
On 8 April 2024 the Supreme Court of Appeal delivered a judgment affirming that the residence of the defendant alone does not confer jurisdiction on the South African courts where no other link exists between the claim and the jurisdiction of the South African courts. [read post]
23 Apr 2024, 5:53 am by Eleonora Rosati
From the General Court’s decision, it does not appear that Puma challenged the language chosen by the Board of Appeal.II.As a next step, the same exercise must be done when determining the subject matter of the prior design as the Board of Appeal also did (Case R 726/2021-3 para 55), overall identifying seven features (or sub-groups of features) of the prior design. [read post]
22 Apr 2024, 11:50 pm by Jocelyn Bosse
Marcel Pemsel evaluated the recent judgments of the EUIPO General Court and the Board of Appeal which found that the inversion of words does not lead to a likelihood of confusion when the words have a low degree of distinctiveness. [read post]
22 Apr 2024, 10:06 pm by Marcel Pemsel
The Board of Appeal’s decision BVG’s appeal was dismissed (case R2220-2023-5). [read post]
” Thus, the court ruled that the final rule is “limitless” and that the Gun Control Act (GCA) does not allow the final rule. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
Supreme Court Weighs In The California Court of Appeal echoed precedent when it held that the Nollan/Dolan test does not apply to “legislatively authorized” fee programs that are “generally applicable” to all new developments within the jurisdiction. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
Instead, he contended, Robinson requires an individualized determination whether a specific person “truly does not have somewhere to live. [read post]
22 Apr 2024, 2:04 pm by John Stigi and Kristin Housh
 Even a duty to disclose, however, does not au­tomatically render silence misleading under Rule 10b–5(b). [read post]
22 Apr 2024, 11:17 am by Yosi Yahoudai
The rule does not prohibit people from buying a kit or any type of firearm. [read post]
22 Apr 2024, 11:16 am by Eugene Volokh
It only adopts one part of the first prong of the Miller test: that a performance is banned if it "appeal[s] to the prurient interest in sex. [read post]