The Beginning of the End of Federalism
From this hearing we can anticipate substantial strengthening of an individual state’s ability to resist federal regulation.
litigation
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Read more: Major Questions about Vaccine Mandates, the Supreme Court, and the Major Questions Doctrine Major Questions about Vaccine Mandates, the Supreme Court, and the Major Questions Doctrine
A doctrine that essentially allows courts to strike down willy-nilly policies that they deem “major” undermines the federal government’s capacity to govern.
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Read more: The CMS Vaccine Mandate: The Nationwide Injunction and What It Means The CMS Vaccine Mandate: The Nationwide Injunction and What It Means
The ruling casts uncertainty over upcoming deadlines for vaccination compliance.
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Read more: The PREP Act and Nursing Homes’ Fight to Move COVID Claims to Federal Court The PREP Act and Nursing Homes’ Fight to Move COVID Claims to Federal Court
The Third Circuit Court of Appeals’ ruling avoids extending a federal statute limiting pandemic liability into unprecedented areas.
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Read more: The Role of Attorneys General in the Opioid Litigation The Role of Attorneys General in the Opioid Litigation
By Daniel Aaron People following the opioid lawsuits might have noticed some strange headlines as of late. Virtually every state’s attorney general (AG) is suing Purdue Pharmaceuticals, maker of the blockbuster drug OxyContin. Purdue filed for bankruptcy and is hoping to settle for “$10 billion.” However, the deal only includes $4.4 billion in cash, which…
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Read more: Contracting to counter gene patents – a 21st Century solution to access and innovation Contracting to counter gene patents – a 21st Century solution to access and innovation
By Sarah Ali-Khan and E. Richard Gold As Precision Medicine becomes a reality, molecular tests are an increasingly critical part of patient care. While patients and their physicians would like to maximize access, they have confronted a roadblock in the form of patents covering genes and methods of diagnosis. Many hoped that the landmark 2013…
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Read more: Violations of federal antifraud provisions alleged against two hepatitis B treatment producers Violations of federal antifraud provisions alleged against two hepatitis B treatment producers
By Wendy S. Salkin Two investor class-action suits have been filed within days of one another against two different California-based pharmaceutical companies both of which produce hepatitis B treatments, Dynavax Technologies and Arrowhead Pharmaceuticals. The named plaintiffs in both shareholder class-action suits, David Soontjens and Yaki J. Meller, are represented by counsel at Pomerantz, LLP.[1] Meller…
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Read more: Upcoming Fairness Hearing in NFL Concussion Litigation Upcoming Fairness Hearing in NFL Concussion Litigation
By Christine Baugh On November 19, Judge Anita Brody will hold a fairness hearing in the class action lawsuit of National Football League (NFL) Players v. NFL re: concussion injury. This is one of the final steps toward final approval (or rejection) of the settlement in the case. Before final approval Judge Brody must determine that…