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“Convergence” Element of Wire Fraud On Thin Ice?

On August 7, 2023, the US Court of Appeals for the Third Circuit became the most recent federal appellate court to reject the argument that a wire fraud conviction requires the government to establish that the entity that was...more

Investigations Newsletter: Supreme Court Again Tightens FCA Intent, But Tricky Questions Linger

The US Supreme Court brushed aside novel assertions from two pharmacy retailers on June 1 and ruled unanimously that False Claims Act liability hinges on whether defendants subjectively believed their claims were “false.” In...more

Tenth Circuit Declares No Remedy for Hemp Farmer Whose Federally Legal Plants Were Seized

In January, the United States Court of Appeals for the Tenth Circuit issued a published opinion in Serna v. Denver Police Department, No. 21-1446 (10th Cir. Jan. 24, 2023), upholding the dismissal of a hemp farmer’s lawsuit...more

Federal Circuit Reaffirms Application of Categorical-Taking Analysis for Temporary Fifth Amendment Takings Claims in...

On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation—specifically, that a...more

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