Searching Content indexed under Civil Law by McDermott Will & Emery ordered by Published Date Descending.
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What Happens In Vegas: Reopening Prosecution Not Inconsistent With Right To Appeal
On appeal, the Federal Circuit found that the Nevada district court had subject matter jurisdiction over Hyatt's challenge under the APA.
United States
2 Nov 2018
Northern District Of California Dismisses FCA Claim With Prejudice For Inability To Point To Particular Claims For Payment
On October 1, 2018, the District Court for the Northern District of California dismissed with prejudice a relator's qui tam suit against Carelink Hospice Services, Inc.
United States
17 Oct 2018
THE LATEST: Limiting Early Discovery In Parallel Criminal And Civil Cases
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge's determination on discovery timing and process.
United States
9 May 2017
Foreign Discovery Under 28 US Code Section 1782 In French Proceedings
The foreign discovery rules under 28 US Code Section 1782 provides countries where discovery is either forbidden or severely restricted, with a competitive advantage in international litigation.
15 Dec 2016
District Court Opinion Analyzes The Impact Of The 2010 FCA Amendments On The Public Disclosure Bar
The opinion addresses a motion to dismiss a non-intervened FCA suit based on several grounds, including the public disclosure bar.
United States
17 Oct 2016
Law School Professors File Amicus Briefs In Support Of Commissioner's Position In Altera
One group of six professors first notes its agreement with the arguments advanced by the government in its opening brief.
United States
5 Aug 2016
FTC Encourages VA To Adopt Proposed Rule Preempting State Laws To Allow Advanced Practice Registered Nurses To Provide Services Without Physician Oversight
On July 25, 2016, the Federal Trade Commission (FTC) submitted comments to the Department of Veterans' Affairs (VA) supporting a proposed rule only affecting VA facilities that would authorize Advanced Practice Registered Nurses (APRNs) to provide primary health care services without the mandatory supervision of physicians, regardless of state or local laws, with limited exceptions.
United States
4 Aug 2016
FCA Civil Penalties May Double, Exploding Possible Damages Awards
On May 2, 2016, the Railroad Retirement Board (RRB) issued an interim final rule increasing civil penalties allowable under the False Claims Act. The rule will be effective on August 1, 2016.
United States
16 May 2016
De Novo Review Of District Court Claim Construction Is Here To Stay—For Now
The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions.
United States
26 Feb 2014
No Appellate Jurisdiction Over Clarifications Of Existing Injunction
In an appeal challenging an alteration to a previously granted preliminary injunction, the U.S. Court of Appeals for the Federal Circuit found that it lacked jurisdiction over an appeal because the appeal was filed more than 30 days after the original injunction and the subsequent alteration did not substantially change the legal relationship between the parties.
United States
4 Nov 2013
Federal Circuit Protects Confidential Exhibits Despite Strong Media Interest
In a unique appeal in which smartphone heavyweight opponents Apple and Samsung both advocated that the district court abused its discretion in refusing to seal certain confidential exhibits from both parties.
United States
4 Oct 2013
Expert Testimony About New Testing Methodologies Inadmissible When Not Disclosed In Expert Report
Addressing the issue of whether a technical expert's failure to disclose specific testing methodology was merely a "typo" or a previously non-disclosed opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the district court's judgment of non-infringement because the expert failed to support evidence of infringement.
United States
4 Oct 2013
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