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7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
11 Jan 2012, 8:21 am by John Elwood
United States, 11-7328; Parker v. [read post]
1 Oct 2007, 8:03 am
United Staffing Alliance, another ERISA case involving a claimed right to medical benefits. ** 06-1505, Meacham v. [read post]
9 Jan 2021, 2:00 pm by Robert Liles
  As UPIC clinical reviewers of both Medicare and Medicaid claims are quick to state in hearings before an Administrative Law Judge, “If it isn’t documented, it didn’t happen. [read post]
25 Jan 2024, 5:31 am by Ashley Morgan
When the FDA approves a drug for sale in the United States, the FDA includes a section in the drugs package insert titled "Indications for Use. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
11 Nov 2020, 9:39 am by Robert Liles
   Under Section 3729 of the civil False Claims Act, a person or entity may be in violation of the statute if the individual or entity: “(1) Knowingly presents or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval;  (2) Knowingly makes, uses or causes to be made or used, a false record or statement to get a… [read post]
Banks also recently wrote an essay for Stanford Lawyer about the unanimous decision, which held that state-mandated segregation of public schools violated the 14th amendment of the United States Constitution. [read post]
29 Oct 2015, 5:30 pm by INFORRM
In dismissing the application in DHR International, Inc a company incorporated in Delaware in the United States of America v Challis [2015] NSWSC 1567, White J found that the plaintiff failed to show that the statements in the blog were false, ‘or at least materially false’ – a key element of the tort of injurious falsehood. [read post]