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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. The justices and the litigants devoted substantial time discussing when a party’s decision to adopt an objectively reasonable, but incorrect, interpretation would satisfy the FCA’s knowledge requirement.

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How long do prisoners have to seek DNA evidence?

SCOTUSBlog

Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. That’s all for this week. Until next time, stay safe !

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Last up is Grzegorczyk v.

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Iowa — and otherwise commandeering state courts and state agencies to carry out a federal child-placement program. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

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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

What are the issues presented by this dueling litigation? 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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Minnesota Supreme Court upholds felony disenfranchisement law

JURIST

Justice Thissen’s opinion also held that the statute did not create the racially disparate impact of felony disenfranchisement. However, Justice Natalie Hudson said in her dissent that the statute creates racial disparities and is, therefore, unconstitutional.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. and non-U.S. 19-1189 (U.S. filed Sept.

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