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The federal False Claims Act FCA remained in flux in 2022, marked by significant activity at the appellate level. DOJ’s enforcement of the FCA remained robust, headlined by a $900 million settlement with Biogen, Inc. arising out of an Anti-Kickback Statute violation.
Circuit courts have struggled for decades to adopt a uniform approach for when to apply the Lanham Act extraterritorially. That struggle may end soon. In the Abitron Austria case, the...
That decision came down. the wind zsor decision is clear this is not a decision about federalism. the court said so. it said it didn't need to reach the question of whether the unusual intrusion into the per view of the states with respect to domestic relations law was, itself, a reason to question the law's constitutionality. instead, it was going to decide it on equal protection and on liberty grounds. so we have -- >> so all of these cases so far that we've seen at the state level have been district court judges. so the question is, as they work their way through the appeals courts, are you...
Direction. i think it is fair from that proposition to ask a nominee whether they would take cases. i have spoken at length on the floor about what i consider the inappropriate decline of a number of cases considered. 100 years ago, a little more, in 1886, the supreme court decided 146 cases -- 146 opinions. little more than 20 years ago, 1987, 146 opinions. laft year, last term, 78 arguments, 75 opinions. a lot of circuit splits, important cases, are not taken up by the supreme court. the supreme court declined to hear the conflict which arguably is the most serious clash between congress's a...
Floor about what i consider the inappropriate decline of the number of cases considered. 100 years ago in 1886 the supreme court decided 146 cases, 146 opinions. a little more than 20 years ago, 1987, 146 opinions. last year, last term 78 arguments, 75 opinions. a lot of circuit splits, important cases are not taken up by the supreme court. the supreme court declined to hear the conflict which arguably is the most serious clash between congress's article 1 powers under the foreign intelligence surveillance act which sets the exclusive means for getting a warrant, listening to a wiretap, probab...