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Squire Patton Boggs | USA | 20 Apr 2020

Consumer did not “agree” to after-added arbitration clause

Adding an arbitration clause to previously-agreed upon terms and conditions (Ts and Cs) does not automatically ensure that a subsequent TCPA dispute…

Bass, Berry & Sims PLC | USA | 17 Mar 2020

Courts Grapple with Causation Requirement in FCA Cases Based on Violations of Anti-Kickback Statute

Congress amended the Anti-Kickback Statute (AKS) in 2010 to confirm that a claim “resulting from” an AKS violation constitutes a false or fraudulent…

Kelley Drye & Warren LLP | USA | 9 Jan 2020

Court Holds Hemp License is a Constitutionally-Protected Property Interest

On January 2, 2020, a federal district court judge in Minnesota found that a local hemp farmer had a constitutionally-protected property interest in…

McGuireWoods LLP | USA | 22 Apr 2019

Data Preservation: Don't Treat Discovery Like It's 1999

Cell phones have been around for a long time, but preserving the data they contain for discovery purposes is still often overlooked or avoided due to…

Sidley Austin LLP | USA | 19 Apr 2019

District Court Held that Government Must Produce Factual Basis For Allegations of Below-Fair-Market-Value Transfers

Earlier this month, in a FCA case in which the Government intervened, the United States District Court for the District of Minnesota held that the…

Vorys Sater Seymour and Pease LLP | USA | 8 Apr 2019

Whistleblower Defense Alert: District Court Holds that DOJ Can Still Dismiss Qui Tam Cases After It Declines To Intervene—With No Justification Required for Dismissal

In a recent decision, the United States District Court for the District of Minnesota held that the Department of Justice (DOJ) can still dismiss a qui…

Bradley Arant Boult Cummings LLP | USA | 7 Mar 2019

Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not Injury

Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real…

Sidley Austin LLP | USA | 27 Feb 2019

District of Minnesota Decision Sides With Swift’s Interpretation of DOJ’s “Unfettered Right” To Dismiss A Declined Qui Tam Action

Since last year’s Granston Memo (discussed recently here and here), DOJ has actively sought dismissal of FCA cases that it believes do not serve the…

Jackson Lewis PC | USA | 19 Feb 2019

Flesh Eating Bacteria Ate My Homework

If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.”…

Faruki PLL | USA | 12 Feb 2019

Will the Court Dismiss the False and Deceptive Advertising Class Action Lawsuit Filed Against Rachel Ray’s Pet Food Company?

In my previous blog “Does a Herbicide Make Rachael Ray’s Nutrish Dog Food Not ‘Nutrish’? One Pet Owner Thinks So,” I noted that the court in Parks v…
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