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2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mensrea for offenses deemed violent felony predicate offenses. As the Sixth Circuit explained, Patterson “did not consider, as Borden now requires, whether the offense’s force element has a mensrea greater than recklessness.” Butts , 40 F.4th
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). July 25, 2022. Pfizer, Inc. Department of Health and Human Services et al.
Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its MensRea Element.
Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Because of this, the necessity of maintaining the gender neutrality of the statute arose since several young males are also subjected to crimes of sexual nature.
Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mensrea.” See People v. Indeed, in People v. Vallejo, 2021 Cal. 344 (1991).
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