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Justices will consider false claims in two pharmacy cases

SCOTUSBlog

Share The False Claims Act has for decades been the government’s primary anti-fraud statute. Under the FCA, a defendant is liable for submitting a false claim to the government for payment if it acted “knowingly,” which the statute defines as acting with actual knowledge, deliberate ignorance, or reckless disregard.

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The court appears likely to preserve theory of liability in False Claims Act cases

SCOTUSBlog

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. I mean, we do take these cases … to decide legal questions and not just to decide the particular case,” Alito said. At issue on Tuesday in two consolidated cases – U.S. SuperValu Inc.

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Four petitions on the constitutionality of the Indian Child Welfare Act

SCOTUSBlog

In addition to disputing the rulings under the Fifth and 10th Amendments, the government argues that the individual plaintiffs do not have legal standing to challenge ICWA’s placement preferences for “other Indian families” and “Indian foster home[s].” In Cherokee Nation v. Branch Banking & Trust Company v. National Westminster Bank, PLC.

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Five Essential Tips for Labeling Hemp Products

Hoban Law Group

Including improper drug claims in the labeling of non-drug products can expose your company to liability from the FDA/FTC to consumer actions brought under state consumer protections statutes, class action lawsuits, etc. to legally sell hemp-derived products in the state. Several state requirements have only recently become effective.

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GMR Sues RMLC – Claims Antitrust Violations for Negotiating Royalties on Behalf of the Radio Industry – What Are the Implications?

Broadcast Law Blog

As most radio stations don’t have individuals at their stations familiar with music licensing practices, it is difficult to imagine the small station in Ottumwa, Iowa or Elko, Nevada, or Dothan, Alabama each negotiating with all of the songwriter representatives.

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

My home state, Iowa, has disciplined an average of 68 attorneys (just under 1% of the number of practicing attorneys in the state) each year over the past decade. I’m an Iowa-based attorney and CPA. It dawned on me that I needed legal counsel for this legal proceeding. That is, not if you don’t allow it to become one.

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Texting in the car, surveillance of a home, and Section 1983 for Miranda

SCOTUSBlog

Iowa and other states prohibit texting while driving but allow cellphone usage for other purposes, such as navigation. Iowa , police officers pulled Struve over after observing Struve using a cellphone – for an unidentifiable reason – for 10 seconds while driving. In Steven Struve’s case, Struve v. Lamoureux v.

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