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US appeals court drops insider trading convictions over healthcare leaks

JURIST

The US Court of Appeals for the Second Circuit Tuesday reversed insider trading convictions against four defendants over leaks from a US healthcare agency. The 2018 convictions were called for reconsideration following the 2020 US Supreme Court decision in Kelly v. million in profits from this scheme.

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Second Circuit Decision A Reminder that Alleged FDCA violations don’t always equal FCA violations

FDA Law Blog

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.

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India dispatch: Supreme Court support for state caste census should encourage push for undertaking delayed national count

JURIST

Indian law students are reporting for JURIST on law-related developments in and affecting India. Here Apoorv Vats, a second-year student at NALSAR University of Law, files from Hyderabad. The Supreme Court of India Friday dismissed a plea challenging the Caste Census initiated in the Indian state of Bihar.

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SCOTUS Narrows Reach of Identity Fraud Statute

Constitutional Law Reporter

Facts of the Case Petitioner David Dubin was convicted of healthcare fraud under 18 U.S.C. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. The Court today rightly rejects that unserious position.” 1028A(a)(1). 1028A(a)(1).

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SCOTUS Rules Plaintiffs Lack Standing to Challenge Government’s Alleged Social Media Censorship

Constitutional Law Reporter

While the Court acknowledged that Jill Hines, a healthcare activist, faced COVID–19-related restrictions on Facebook, it found that she could not demonstrate likely future harm at the hands of these defendants. This Court has never accepted such a boundless theory of standing.”

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Supreme Court Finds CMS’ Reduction of Medicare Hospital Outpatient Payment Rates for 340B Hospitals was Not Authorized by Statute

FDA Law Blog

The hospitals argued that the profits helped them offset the considerable costs of providing healthcare to the uninsured and underinsured in low-income and rural communities, something that Congress was well aware of and intended when it passed the Medicare Prescription Drug, Im­provement, and Modernization Act in 2003.

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After Granting Certiorari In Enablement Case, Supreme Court Declines Opportunity To Address Written Description

Patently O

Professors Lemley, Seymore, and Karshtedt (it is so sad that he is no longer with us) published an article in 2020 entitled The Death of the Genus Claim , which asserts that “the law has changed dramatically in the last thirty years, to the point where it is nearly impossible to maintain a valid genus claim.” 2019); Bayer Healthcare LLC v.

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