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Civil Law

Treasury is consulting on a proposed new competition regime to apply to digital platforms

New competition framework for digital platforms

6 min read

The Federal Government has released a proposal paper for consultation on the framework for a new digital competition regime, which aims to promote competition by addressing anti-competitive conduct, unfair treatment of business users and barriers to entry and expansion that prevent effective competition in digital platform markets.

The regime outlined in the proposal is broadly similar to the framework recommended by the Australian Competition and Consumer Commission (ACCC) in … Read the rest

Supreme Court

Justices take up disputes over terrorism damages suits and habeas filings

The Supreme Court on Friday afternoon agreed to decide whether a 2019 law that seeks to give U.S. courts the power to hear claims by victims of terrorism against the Palestine Liberation Organization and the Palestinian Authority violates the Fifth Amendment’s guarantee of fair treatment.

Fuld v. Palestine Liberation Organization and United States v. Palestine Liberation Organization, which will be argued together in the spring, were two of the three petitions for review that the justices granted after … Read the rest

Supreme Court

Personal jurisdiction, habeas, and a possible replacement case

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court is continuing to work through its relisted cases. Last month it granted the petitions filed by the federal government and by a group of schools and libraries seeking to challenge the decision of the U.S. Court of Appeals for the 5th Circuit invalidating a system of subsidies for rural and … Read the rest

Civil Law

Federal Court denies samples for testing infringement of biologic process patent

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

Supreme Court

Former Roberts clerk appointed to argue deportation case

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

Civil Law

Marler Clark files multiple Grimmway Carrot E. coli Lawsuits – more coming

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

Supreme Court

The morning read for Friday, Nov. 29

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)

… Read the rest

Supreme Court

Supreme Court to hear dispute over FDA rejection of flavored vapes

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

New competition framework for digital platforms 6 min read

New competition framework for digital platforms

6 min read