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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

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Unproven enhancement can’t be imposed when resentencing after murder conviction is vacated

At the Lectern

Arellano , the Supreme Court on Thursday restricted a superior court’s resentencing options for defendants who successfully have their murder convictions vacated under 2018 legislation — Senate Bill 1437 — that limited accomplice liability for felony murder and eliminated it for murder under the natural-and-probable-consequences doctrine.

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Court rejects non-citizen’s challenge to criminal re-entry charge

SCOTUSBlog

Share The Supreme Court on Monday unanimously ruled against a non-U.S. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v.

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Supreme Court will answer teed-up bail questions and decide felony-murder resentencing issue; it depublishes arbitration opinion

At the Lectern

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” Howard (2020) 50 Cal.App.5th Resentencing.

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Scolding the Legislature for lack of clarity, Supreme Court rules statute can retroactively reduce probation without negating plea deal

At the Lectern

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. Stamps (2020) 9 Cal.5th Stamps (2020) 9 Cal.5th In People v.

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Supreme Court will hear cases about request for records regarding destruction of homeless people’s property and about sentence enhancements for prior prison terms

At the Lectern

Here are some notable Supreme Court actions at its conference yesterday: Public records retention. The court granted review in both City of Gilroy v. Superior Court and Law Foundation of Silicon Valley v. Superior Court , consolidated the cases, and made City of Gilroy the lead case. ” Prior prison enhancements.

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Supreme Court turns down a pension reform case

At the Lectern

The Supreme Court today denied review in Hipsher v. Los Angeles County Employees Retirement Association , where, in a published opinion , the Second District, Division Four, Court of Appeal upheld as constitutional a provision of the Public Employees’ Pension Reform Act of 2013 that reduced retirement benefits because of a felony conviction.

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