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14 Apr 2022, 8:44 am by The Petrie-Flom Center Staff
Section 201(g) of the Federal Food, Drug, and Cosmetic Act, which defines drugs, and Section 201(h), which defines medical devices, are remarkably similar; but one of the primary differences relevant here is that a product cannot be defined as a medical device if it achieves any of its primary purposes through chemical action. [read post]
13 Apr 2022, 4:00 am by Martin Kratz
The plaintiff bears the onus of showing why it is in the interest of justice that the copyright owners not be added as parties.[4] Courts have considered factors relevant to assessing if is in the interests of justice to dispense with adding the copyright holders as a part to a copyright infringement action, as follows: (a) the copyright owner has an interest in the action or the relief claimed; (b) the defences to the action relate to the copyright owner’s interest; (c) the plaintiff or… [read post]
9 Apr 2022, 11:03 am by Bill Marler
Helena Bottemiller Evich’s well done piece in Politico “The FDA’s Food Failure,” that hit the internet very early this morning, is a stunning, but not surprising, indictment of our government’s food safety failures that transcends political parties and administrations. [read post]
1 Apr 2022, 4:10 pm by Charles (Chuck) Rubin
It can smooth the entire estate administration process, since the election of law of the national will result in having that law apply to all of these succession issues: (a) the causes, time and place of the opening of the succession; (b) the determination of the beneficiaries, of their respective shares and of the obligations which may be imposed on them by the deceased, and the determination of other succession rights, including the succession rights of the surviving spouse or partner; (c) the… [read post]
30 Mar 2022, 9:52 am by Nick Austin and Sofia Papaspyropoulou
The Report (and enclosed draft legislation, called the “Draft Bill”) provides the following illustrative, non-exhaustive list: (a) bills of exchange, (b) promissory notes, (c) bills of lading, (d) ship’s delivery orders, (e) warehouse receipts, (f) mate’s receipts, (g) marine insurance policies, (h) cargo insurance certificates (section 1(2) of the Draft Bill). [read post]
30 Mar 2022, 7:40 am by Seyfarth Shaw LLP
  Focusing on that conflict, the First Circuit certified the following question:  “[w]hether the three-prong test for independent contractor status set forth in [G. [read post]
30 Mar 2022, 7:40 am by Seyfarth Shaw LLP
  Focusing on that conflict, the First Circuit certified the following question:  “[w]hether the three-prong test for independent contractor status set forth in [G. [read post]
29 Mar 2022, 6:37 am by John Holtz
This is important as, absent the small business joint venture rule, two businesses that have a joint venture together are treated as affiliated (13 C.F.R. 121.103(h)). [read post]
28 Mar 2022, 11:00 am by Cooper Quintin
0 ����~ ���� �s�2��G����It was nothing but gibberish. [read post]
28 Mar 2022, 7:49 am by Guest Author
”  However, Sections 5 and 6(g) are distinguishable from the statutory provision at issue in AMG. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The United State Circuit Court of Appeals, Second Circuit, opining that New York law offered "conflicting guidance" on the issue, certified the following question to New York State's Court of Appeals: "Does the 'special duty' requirement — that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally — apply to claims of injury inflicted through municipal… [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The United State Circuit Court of Appeals, Second Circuit, opining that New York law offered "conflicting guidance" on the issue, certified the following question to New York State's Court of Appeals: "Does the 'special duty' requirement — that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally — apply to claims of injury inflicted through municipal… [read post]
27 Mar 2022, 10:36 am by Annsley Merelle Ward
For anyone who has spent hours doom scrolling on Instagram or Twitter, and your algorithm is set up like the AmeriKat's, you may have seen ads for leather riding boots. [read post]
19 Mar 2022, 2:09 pm by admin
For application of a TTC in the assessment of acceptable limits of mutagenic impurities in drug substances and drug products, a value of 1.5 micrograms (µg)/day corresponding to a theoretical 10-5 excess lifetime risk of cancer can be justified. [read post]