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19 Aug 2013, 10:20 am by Bexis
Aug. 15, 2013), put it squarely in the red in explaining why no type of design defect claims survive preemption in generic drug cases after Mutual Pharmaceutical Co. v. [read post]
25 Apr 2021, 8:45 pm by James Romoser and Andrew Hamm
Court of Appeals for the 7th Circuit ruled that the law is likely unconstitutional in light of the Supreme Court’s 2016 decision in Whole Woman’s Health v. [read post]
16 Jul 2012, 9:56 pm by FDABlog HPM
In general, the FTC has historically proclaimed that the standard of substantiation is “Competent and Reliable Scientific Evidence,” a standard that the FTC has stated is flexible. [read post]
24 Jan 2019, 5:43 am by Charles Sartain
Co-author Niloufar Hafizi The Colorado oil and gas industry breathed a collective sigh of relief when the state Supreme Court announced its unanimous decision in Colorado Oil and Gas Conservation Commission v. [read post]
19 Sep 2007, 11:48 am
As most current (and former) law students recall from civil procedure, the typical constitutional personal jurisdiction inquiry is a two-pronged test: (1) see if the defendant has sufficient minimum contacts with the forum state, and (2) see if the exercise of jurisdiction would be fair in light of the burdens on the defendant, the forum state's interest in the dispute, etc. [read post]
25 Feb 2009, 1:41 pm
The primary issue before us is whether, in light of Cunningham v California (549 US 270 [2007]), this sentencing scheme violates Apprendi and defendant's due process and Sixth Amendment rights. [read post]