The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement. In pharmaceutical patent cases, testing samples of a defendant’s product – or samples from a defendant’s process – can lead to crucial evidence of infringement for trial. However, as seen in the Court’s recent decision, a defendant can resist producing samples where the plaintiff only proposes “speculative undefined tests”. … Read the rest
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The Supreme Court on Tuesday appointed a former clerk to Chief Justice John Roberts to defend a ruling by the U.S. Court of Appeals for the 4th Circuit in an immigration case after the Biden administration declined to do so.
The announcement that the court had appointed Stephen Hammer, an associate in the Dallas office of Gibson Dunn, to brief and argue in support of the 4th Circuit’s decision in Riley v. Garland came in a short unsigned order … Read the rest
As of November 17, 2024, 39 people infected with the outbreak strain of E. coli have been reported from 18 states according to the CDC: Wyoming 1, Washington 8, Virginia 1, Texas 1, South Carolina 2, Pennsylvania 1, Oregon 3, Ohio 1, North Carolina 1, New York 5, New Jersey 2, Missouri 1, Minnesota 5, Michigan 1, Massachusetts 1, Colorado 1, California 3 and Arkansas 1. Illnesses started on dates ranging from September 6, 2024 to October 28, 2024. Of … Read the rest
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Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:
- The Supreme Court will hear arguments over Tennessee’s ban on gender-affirming care for minors (Mark Sherman & Geoff Mulvihill, The Associated Press)
- Supreme Court hosts government power struggle over flavored vapes (Kelsey Reichmann, Courthouse News Service)
- The Supreme Court restrained Trump last time. Will it do so again? (Justin Jouvenal and Ann E. Marimow, The Washington Post)
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The Supreme Court will hear oral arguments on Monday in a dispute over the Food and Drug Administration’s rejection of two companies’ applications to sell flavored liquids for use in e-cigarettes. A federal appeals court in Louisiana set aside the FDA’s orders denying applications by Triton Distribution and Vapetasia, complaining that the agency had sent those companies and other makers of e-cigarette products “on a wild goose chase.”
The stakes in the case are high: Medical groups, including the … Read the rest
“Over the last few months, we have seen a stunning number of outbreaks, and I know because I have been doing this work since the 1993 Jack-in-the-Box E. coli Outbreak,” said William “Bill” Marler. “From Salmonella, Listeria and E. coli and foods as varied as cucumbers, deli meat, chicken, carrots, hamburger, onions, lettuce and eggs, it seems that out food safety net is fraying at best and broken at worst, and we are not even talking about the countless … Read the rest
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When someone makes a payment to a creditor shortly before filing for bankruptcy, the Bankruptcy Code requires the creditor to return the funds. But whether those same obligations apply to the Internal Revenue Service is less clear. On Monday, the justices will consider whether the IRS is protected by sovereign immuinity from the requirement to return funds from insolvent debtors that private creditors face.
The case, United States v. Miller, involves Section 544(b) of the Bankruptcy Code, which … Read the rest
All federal courts have put in place an effective dispute resolution plan giving employees multiple pathways to report and address workplace concerns, and an increasing number of them are opting to use the new processes.
Judiciary News – United States Courts… Read the rest