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If the state chooses to intervene, the state attorney general commandeers the prosecution of the tax FCA action and the whistleblower retains a financial reward interest in any successful FCA claim.4 If the state attorney general does not prosecute or dismiss the tax FCA action, the relator is permitted to continue to prosecute the case on the state’s behalf.5 Generally, in a state tax FCA action, the plaintiff—whether the relator or the… [read post]
14 Feb 2013, 8:08 pm by John W. Arden
The Act provides that “[t]he business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business. [read post]
2 Jul 2024, 7:41 am by Eugene Volokh
California (1973): "the [a] average person, [b] applying contemporary community standards, would find that the work, [c] taken as a whole, [d] appeals to the prurient interest," "the work depicts or describes, [a] in a patently offensive way [under [b] contemporary community standards, Smith v. [read post]
23 Oct 2007, 9:45 am
Non-compliance with Rule 9(b) is grounds for dismissal under Rule 12(b)(6). [read post]
8 Feb 2024, 1:00 pm
Why does -- you know, if you weren't from Colorado and you were from Wisconsin or you were from Michigan and it really -- you know, what the Michigan secretary of state did is going to make the difference between, you know, whether Candidate A is elected or Candidate B is elected, I mean, that seems quite extraordinary, doesn't it?... [read post]
10 Jul 2009, 5:13 am
The exemptions granted show that the state's purpose was to ensure access to all lawfully prescribed medications, including Plan B. [read post]