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Sanofi-Aventis US LLC told the Tenth Circuit during oral argument Wednesday that it should not have had to offer a pharmacy benefits manager $36 million in rebates for an unrelated product to be able to compete with Mylan in the market for its emergency allergy treatment EpiPen.
Supreme Court deals setback to Holocaust victims in art disputes The court said lawyers for the victims had not reached the necessary bar to prove their claim falls under an exception to a federal law that generally provides immunity to foreign states from suit in US courts. The justices sent the cases back to the lower courts to allow victims to press other arguments in their favor. In the case concerning Germany, Chief Justice John Roberts, writing for a unanimous court, said: “As a Nation, we would be surprised — and might even initiate reciprocal action — if a court in Germany adjud...
Summary: Supreme Court Oral Argument in Hungary v. Simon Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Federal Republic of Germany v. Philipp, can read Coleman Saunders’s summary of oral argument in that case here. Can courts abstain from hearing suits against foreign sovereigns for reasons of international comity, even when the Foreign Sovereign Immunities Act (FSIA) has provided the court jurisdiction over the suit by stripping the foreign sovereign of immunity? That is the central question that justices of the Supre...