Agriculture
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6 hours ago
The District of Columbia District Court granted a motion for summary judgment requested by the Food and Drug Administration (FDA) in an order issued Monday. The FDA and its prior commissioner, Janet Woodcock, are being sued by Jeffrey Nathan Schirripa, an entrepreneur who developed a dietary supplement containing cannabinoids. Because of the items in the supplement, it requires approval from the FDA, which Schirripa has yet to gain, the opinion said.
Schirripa filed for a reconsideration petition after the FDA denied his first petition for approval. When filing for the second time, he included samples and detailed the possibility for a proposed partnership with the FDA on his product. Despite his efforts, the reconsideration petition was also denied. This prompted Schirripa to file
Agriculture
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3 hours ago
The District of Columbia District Court denied a motion for permanent injunction from the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe over an ongoing case concerning an oil pipeline under Lake Oahe. The suit is being fought over an action taken by the United States Army Corps of Engineers in which they granted Dakota Access, LLP an easement to run a pipeline under Lake Oahe without producing a mandated Environmental Impact Statement (EIS). While the vacatur was granted, the present issue results from the plaintiff’s desire to go beyond vacatur and stop the flow of oil through the pipeline. “[A]lthough vacatur of the easement rendered the pipeline an encroachment on federal property, vacatur could not itself bring about the stoppage of oil,” the court explained.
Health
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2 hours ago On Friday, 76 hospitals collectively filed suit against Xavier Becerra, Secretary of Health and Humans Services. The suit, filed in the District of Columbia District Court, concerns allegations of systemic underpayment of Medicare and Medicaid benefits due to recalculations of how these payments are allotted between Medicare and Medicaid. All plaintiff hospitals are located in California and are participants in the California Medicaid system.
The Medicare program contracts with local hospitals to provide treatment for Medicare eligible patients. The inpatient claims are processed under a system known as the inpatient prospective payment system (IPPS) which is administered regionally by Medicare Administrative Contractors (MACS) on Medicare’s behalf as fiscal intermediaries. Because the Medicare statute prohibits debt shifting from Medicare patients to other patients or vice versa, when a debt is uncollectible from a Medicare patient, usually du
My old Faegre partner and friend Patrick Schiltz is United States District Judge for the District of Minnesota. After graduating from Harvard Law School, Judge Schiltz clerked for Justice Scalia for two years one year on the District of Columbia Court of Appeals and one year on the Supreme Court. He is a brilliant and no-nonsense kind of guy. Judge Schiltz is in the news because he has taken