PTAB Stay Calculus Considers DJ History
Lex Blog
by Scott McKeown
2d ago
Court Takes Issue with DJ Filing Prior to IPR Patent infringement defendants seek IPR of patents asserted against them at the PTAB as an alternative to higher cost litigation. That is, a primary benefit of seeking IPR is the ability to seek a stay of the costlier district court action on the basis that the outcome of the IPR may moot the dispute through cancellation of the asserted claims, or at least greatly simplify the issues for trial. Yet, not all patent litigation is initiated by patent owners. Often times a potential defendant will seek a Declaratory Judgment (DJ) to secure a favored di ..read more
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FDA puts focus on lead levels in baby food
Lex Blog
by Dan Flynn
2d ago
The U.S. Food and Drug Administration Tuesday announced draft guidance for the industry on “action levels” for lead in processed foods that are intended for babies and children under two years old, for the purpose of reducing potential health effects in this vulnerable population from dietary exposure to lead. According to the FDA, the proposed “action levels” would result in significant reductions in exposure to lead from food while ensuring the availability of nutritious foods. The guidance is part of Closer to Zero, which sets forth the FDA’s science-based approach to continually reduc ..read more
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FSA looks at consumer attitudes to buying food online
Lex Blog
by Joe Whitworth
2d ago
Factors such as the seller and the product type influence consumer trust in the hygiene and safety of food sold online, according to research. The Food Standards Agency (FSA) commissioned research to understand consumer attitudes toward buying food online, including the perceived risks. Findings come from 12 online discussion groups with 69 people in England, Wales, and Northern Ireland in February 2022. It covers ordering food through established businesses, which have a physical presence, such as supermarket websites and delivery service apps, to getting food through social media platfo ..read more
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Experts to meet and discuss Campylobacter control
Lex Blog
by News Desk
2d ago
The World Health Organization (WHO) and the UN Food and Agriculture Organization (FAO) are holding a meeting on Campylobacter in poultry next month. Several experts from the United States are attending, including Bing Wang from the University of Nebraska-Lincoln; Marcos Sanchez-Plata of Texas Tech University; Catherine Logue at the University of Georgia. Also attending are Nicol Janecko, from the Quadram Institute, and Alessandra De Cesare from the University of Bologna. Poultry meat has been identified as one of the most important food vehicles for Campylobacter contamination. In a 2015 ..read more
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Is Spousal Privilege Relevant in the 21st Century?
Lex Blog
by Mark Ashton
2d ago
This writer, in his more grandiose moments,  likes to think himself a legal historian. And in these “fantastic” moments he will (a) write in the third person and (b) indulge in comparing modern law with that of olden days. What makes this especially fun is the fact that the U.S. Supreme Court cases issued last June relating to gun control and abortion rights seem to view 18th century law rhapsodically.             I once harbored similar views. But the more 18th century legal history I read the less humane it seems. Criminal trials we ..read more
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CFPB Seeks Public Comment on the Credit Card Market
Lex Blog
by Mark Furletti, Stefanie Jackman and Chris Willis
2d ago
On January 24, the Consumer Financial Protection Bureau (CFPB) announced it is seeking public comment on how the consumer credit market is functioning as part of its biennial review required by the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act). The CFPB will be accepting comments until April 24. The CARD Act directs the CFPB to undertake a comprehensive review of the credit card industry to determine whether regulatory adjustments are needed. While public comment is not required for the review, the CFPB has specifically requested feedback on the following topi ..read more
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Parsley imported from Mexico recalled by multiple firms over Salmonella contamination
Lex Blog
by News Desk
2d ago
Church Brothers, LLC and FreshPoint South Florida, Inc. are recalling parsley imported from Mexico because of Salmonella contamination. According to the FDA, both recalls were initiated on Dec. 12, 2022, and are ongoing Church Brothers, LLC distributed the recalled product in Louisiana, Michigan and Florida. FreshPoint South Florida, Inc. distributed the recalled product in Florida.  Church Brothers, LLC recalled product: # Product Description Recall Number Classification Code Information Product Quantity Reason for Recall 1 Parsley bunches Boxes of 30 and 60 count Keep refrigerate ..read more
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The Seriousness of Child Pornography Charges in New Jersey
Lex Blog
by Travis Tormey
2d ago
New Jersey takes the safety and well-being of children and minors very seriously. As such, it is a very serious crime to engage in any sort of act that endangers the health of a child, including any engagement with child pornography. This includes the possession of child pornography, its production, distribution, or making a child participate in a sexual act for the purposes of filming. As one can imagine, child pornography charges can have a lifelong adverse effect on a person’s life, as they may end up on the Megan’s Law sex offender registry, which, in addition to jail time and steep fines ..read more
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Judge grants $4 million in wrongful death suit against Big Olaf Creamery
Lex Blog
by Coral Beach
2d ago
The husband of a woman who died from a Listeria infection from eating ice cream made by Big Olaf Creamery has been awarded $4 million in damages. The victim, Mary Katherine Billman, was the primary caretaker of her husband Richard Billman who suffers from dementia and other health problems.  Mary, 79, was visiting her daughter in Florida in January of 2022 and ate ice cream from Big Olaf on Jan. 18. She was dead in less than two weeks. “Unaware of the threat growing silently within her body, it was too late to save her life by the time Mary developed the signs and symptoms of the infectio ..read more
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NYPD Physical Assessment
Lex Blog
by Kevin Sheerin
2d ago
What is the Job Standard Test (also known as JST)? The JST is a Physical Assessment used by the NYPD in which Candidates must finish a continuous physical test in 4 minutes and 28 seconds to pass. It includes sprinting 50 feet, getting over a barrier, climbing stairs, demonstrating the ability to physically restrain someone, running (as if in pursuit), dragging a 176-pound mannequin 35 feet (as if rescuing someone) and demonstrating the ability to handle an unloaded firearm. There are no BMI/body size requirements to join the NYPD, but getting into physical shape for the JST is strongly ..read more
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