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Settlement First Amendment

Patterson Belknap Webb & Tyler LLP

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved...

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Troutman Pepper

EDVA Judge Denies Motion to Seal Parties’ Settlement

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Much like our recent egarding an EDVA judge’s denial of a joint request to vacate the court’s earlier rulings after a settlement, another recent EDVA decision reinforces that EDVA judges are unwilling to simply rubber-stamp...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

ArentFox Schiff

Big Lie Means Big Payout in Defamation Lawsuit Against Fox News

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Immediately before opening statements were to begin, Dominion settled its defamation lawsuit against Fox News for its coverage of Donald Trump’s “Big Lie” about the 2020 presidential election for a landmark $787.5 million. ...more

King & Spalding

Ninth Circuit Upholds Order Prohibiting Settlement Negotiations Before Class Certification

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On September 12, the Ninth Circuit denied a class action defendant’s request for a writ of mandamus directing a district court judge to withdraw his order prohibiting class settlement negotiations prior to certification. ...more

Robinson+Cole RLUIPA Defense

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

Proskauer Rose LLP

Three Point Shot - June 2017

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"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Robinson+Cole RLUIPA Defense

$1.7 Million Settlement with DOJ and CAIR-MI

In 2011, Pittsfield Charter Township denied, allegedly without deliberation, Michigan Islamic Academy’s (“MIA”) application to rezone a 26 acre parcel (the “Property”) to allow the development of a pre-K through grade 12...more

Mintz - Health Care Viewpoints

FDA Announces Dates for Long-Awaited Public Hearing on Its Regulation of Off-Label Communications

Times, They Are A-Changin’ - On Wednesday, FDA announced that it will hold a two-day public hearing on November 9th and 10th to obtain input from a broad cross-section of the health care industry, including...more

Robinson+Cole RLUIPA Defense

Church and New Jersey Township Nearing Settlement of Religious Lawsuit

We previously reported about the federal lawsuit filed by Christian Community Chapel against the Township of Hillsborough, New Jersey, in which the Township denied the Chapel’s variance requests to use a 14.3 acre property as...more

Latham & Watkins LLP

Amarin Settles Off-Label Promotion Case Against the FDA

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The Amarin settlement represents another important development in the FDA’s enforcement of off-label promotion. On March 8, 2016, US District Court Judge Paul A. Engelmayer entered a Stipulation & Order of Settlement in...more

Mintz - Health Care Viewpoints

Amarin/FDA Settlement: A Significant First Amendment Victory for Off-Label Marketing

On March 8, 2016, Amarin Pharma, Inc. and FDA entered into a formal settlement, close to a year after the U.S. District Court for the Southern District of New York granted a preliminary injunction against FDA’s threats to...more

Foley & Lardner LLP

Amarin Pharma Settles First Amendment Claims Against FDA: Potential Implications

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Irish drug company Amarin Pharma, Inc. (Amarin) and the U.S. Food and Drug Administration (FDA) agreed, on March 8, 2016, to settle claims that FDA regulations barring Amarin from making “truthful” and “non-misleading”...more

Morgan Lewis

FDA and Amarin Reach Settlement on First Amendment and Off-Label Statements

Morgan Lewis on

FDA agrees to allow truthful and non-misleading off-label promotion. On March 8, the US District Court for the Southern District of New York approved settlement terms in connection with Amarin Pharma, Inc., et al. v....more

Skadden, Arps, Slate, Meagher & Flom LLP

"One-Two Punch: Amarin Settlement Order and Vascular Solutions Acquittal Further Erode Off-Label Promotion Enforcement Regime"

In an apparent first, the U.S. Food and Drug Administration (FDA) has conceded that a pharmaceutical company may engage in truthful and nonmisleading speech promoting the off-label use of a prescription drug. This concession...more

Morrison & Foerster LLP

New Settlement Highlights FDA’s Diminishing Power Over Off-Label Promotion

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In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira’s anesthetic...more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The Commission filed another settled FCPA action this week. The proceeding named two U.S. citizens living abroad as Respondents. The DOJ issued an Opinion discussing successor liability....more

Morrison & Foerster LLP - Social Media

Status Updates - October 2014 #5

..Big Brother isn’t just watching. A single mother in upstate New York was surprised to find that she had a Facebook page in her name, complete with photos of her, her son, and her niece. She hadn’t actually set up the page....more

Foley Hoag LLP - Trademark, Copyright &...

Settlement in False Advertising Class Action Leaves First Amendment Questions Unanswered

On April 30, 2014, the plaintiffs in Bezdek v. Vibram, a class action in the District of Massachusetts, filed for court approval of a class wide settlement. The case had been brought against Vibram, the Italian manufacturer...more

U.S. Equal Employment Opportunity Commission...

Nags Head Hotel to Pay $45,000 to Settle EEOC Religious Discrimination Lawsuit

Hotel Fired Seventh-Day Adventist Employee Over Sabbath Issue, Agency Charged - CHARLOTTE, N.C. - A hotel group which owns and operates the Comfort Inn Oceanfront South in Nags Head, N.C., has agreed to pay $45,000 and...more

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