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Robinson+Cole Health Law Diagnosis

Middle District of Florida Judge Finds False Claims Act’s Qui Tam Provision Unconstitutional

On September 30, 2024, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida issued an order in United States ex rel. Clarissa Zafirov v. Florida Medical Associates, LLC, holding that the...more

Mayer Brown

Mexico’s Controversial Judicial Reform Takes Effect: Assessing its Impact

Mayer Brown on

15 September 2024 was a landmark day for Mexico as President López Obrador’s controversial judicial reform (the “Judicial Reform”) was signed into law, making Mexico one of the few countries in the world to elect its...more

Sheppard Mullin Richter & Hampton LLP

Women’s Health on the Ballot in November: What the Election Could Mean for Reproductive Care and Beyond

Over two years into the post-Dobbs era, women’s health is taking center stage in the presidential election. In Dobbs v. Jackson, the Supreme Court overturned protections relating to abortion established in Roe v. Wade. Since...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Audience Meetings Are Banned in California in 2025

On September 30, 2024, Governor Gavin Newsom signed into law SB 399. Starting January 1, employers are officially banned from holding captive audience meetings—mandatory employer-sponsored meetings that discuss religious or...more

Freeman Law

Eleventh Circuit Holds Willful FBAR Penalties Unconstitutional

Freeman Law on

In United States v. Schwarzbaum, the Eleventh Circuit recently held that certain penalties for failure to file FBARs violated the Excessive Fines Clause of the Eighth Amendment. The district court in this case had agreed...more

Venable LLP

Race-Conscious Grantmaking Litigation Updates: What Nonprofits Need to Know

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The Fearless Foundation has agreed to shut down its grant program for Black women business owners, settling a lawsuit that has been closely watched by nonprofit grant makers....more

Freeman Law

Texas Religious Organizations Property Tax Exemptions | Take 2

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Texas Religious Organizations Property Tax Exemptions – Take 2 - Many have contacted me about the Freeman Law Insights blog – Texas Religious Organizations Property Tax Exemptions...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

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Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

Tonkon Torp LLP

Ninth Circuit Empowers Commercial Property Owners to Restrict Firearms

Tonkon Torp LLP on

Last month, in Wolford v. Lopez, the Ninth Circuit Court of Appeals issued a decision with implications on commercial property owners’ rights to restrict firearms on private property. Interpreting the U.S. Supreme Court’s...more

Mintz - Health Care Viewpoints

Federal District Court Holds FCA’s Private Whistleblower Provisions Unconstitutional

On September 30, 2024, a federal district court judge held that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of Article II of the Constitution. U.S. ex rel. Zafirov v. Fla. Med....more

ArentFox Schiff

Investigations Newsletter: Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional

ArentFox Schiff on

Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional - On September 30, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in a historic decision that the federal...more

Polsinelli

Court Challenge to Corporate Transparency Act Rebuffed – For Now

Polsinelli on

On September 20, 2024, U.S. District Judge Michael H. Simon for the District of Oregon issued an Opinion and Order in favor of defendants in the case. Firestone, et al.. v Janet Yellen, et al., Case No. 3:24-cv-1034 (D. Ore.)...more

Mayer Brown

Senate Unanimously Holds Corporate Executive in Contempt of Congress for Failing to Comply with a Committee Subpoena

Mayer Brown on

On September 25, the US Senate held a corporate CEO in criminal contempt of Congress after he refused to comply with a subpoena to appear at a congressional hearing. Three days later, the company announced his resignation....more

Nelson Mullins Riley & Scarborough LLP

Rytr or Wrong: Is the FTC’s Operation AI Comply a Prudent Defense Against Deception or an Assault on Innovation and Constitutional...

In today’s rapidly evolving digital economy, new artificial intelligence tools promise to transform every industry. Sometimes, those promises are overblown or outright deceptive. So, as the AI hype cycle continues, regulators...more

Maynard Nexsen

Navigating Political Speech in the Workplace

Maynard Nexsen on

As we quickly approach Election Day in November, political discussions can dominate daily life, including in the workplace. Employers are often faced with the question of how to handle employee political speech in the...more

Blake, Cassels & Graydon LLP

Droits et libertés garantis par la Charte : La Cour suprême précise les critères applicables aux actions en dommages-intérêts...

Le 19 juillet 2024, la Cour suprême du Canada (la « CSC ») a rendu un arrêt dans l’affaire Canada (Procureur général) c. Power (l’« affaire Power ») portant sur la possibilité de réclamer des dommages-intérêts contre l’État...more

Ballard Spahr LLP

Florida Federal Court Holds False Claims Act Qui Tam Provision Violates Article II

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A federal court in Florida this week ruled that the qui tam provision of the False Claims Act (FCA) is unconstitutional under the Appointments Clause in Article II of the U.S. Constitution, creating an opportunity for a split...more

Parker Poe Adams & Bernstein LLP

Florida Court Ruling on False Claim Act Deems Complaints By Private Whistleblowers as Unconstitutional

A valuable tool in filing whistleblower claims against companies related to government fraud took a potentially major hit this week when a federal judge in Florida ruled that a significant portion of the statutory scheme...more

Parker Poe Adams & Bernstein LLP

Two New California Laws Affect Response to Union Organizing and Driver's License Requirements for Applicants

Last week, California Governor Gavin Newsome signed two bills into law that affect California employers' discretion with regard to employees and applicants for employment. The first law seeks to prohibit so-called "captive...more

BakerHostetler

Federal Court Rules False Claims Act’s Whistleblower Provisions Are Unconstitutional

BakerHostetler on

On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida dismissed United States, ex rel. Zafirov v. Florida Medical Associates, LLC et al., a False Claims Act (FCA) case...more

WilmerHale

Federal Court Finds Qui Tam Provision Unconstitutional

WilmerHale on

In a groundbreaking opinion issued on September 30, 2024, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida dismissed a False Claims Act (FCA) lawsuit, holding that the qui tam...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Determines that Internal Complaint May Support Claim for Wrongful Discharge in Violation of North Carolina Public...

On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more

Verrill

It’s Time to Recognize the Hypocrisy of Sports Gambling Laws And Let Pete Rose into the MLB Hall of Fame

Verrill on

“Charlie Hustle” died this week – 35 years after being banned for life from Major League Baseball and from enshrinement into its Hall of Fame. I don’t need to regurgitate Pete Rose’s stats; anyone who saw him play knows how...more

Jones Day

Mexico's Judicial Reform and AMLO Party's Bills Call for Caution and Business Risk Assessment

Jones Day on

The Details - This reform will modify the judiciary by providing for the democratic election of all judges in Mexico, including judges on the Supreme Court of Mexico and those serving on other state and federal tribunals....more

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