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Constitutional Challenges Dismissals

Holland & Knight LLP

Podcast - FTC Commissioner Dismissals: Background and Implications

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In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta delves into recent leadership changes at the Federal Trade Commission (FTC). Mr. DiResta explores the legal...more

Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

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The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

Kelley Drye & Warren LLP

Firings of Democratic Commissioners Leave FTC In Flux and Tee Up Revisiting of Humphrey’s Executor

As news hit last night that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals?...more

Ballard Spahr LLP

Trump fires Democratic members of FTC

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President Trump on Tuesday fired the remaining two Democratic members of the FTC, leaving only two Republicans on the commission. The commissioners, Alvaro Bedoy and Rebecca Slaughter, announced their dismissals on social...more

Fenwick & West LLP

California’s Climate-Related Disclosure Laws Live To Fight Another Day

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On February 3, 2025, the U.S. District Court for the Central District of California granted a motion to dismiss filed by the California Air Resources Board (CARB), dismissing plaintiffs’ claims that SB 253 (the Climate...more

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

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The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

Dorsey & Whitney LLP

The Supreme Court Update - December 16, 2024

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On December 11, 2024, the Supreme Court of the United States dismissed one case:  NVIDIA Corporation v. E. Ohman J:or Fonder AB, No. 23-970: In June, the Court granted certiorari in this case to address questions related...more

Orrick, Herrington & Sutcliffe LLP

The False Claims Act: How a Recent Decision Rejecting Qui Tam Lawsuits May Affect Enforcement

For over 160 years, the False Claims Act has let people bring claims on behalf of the U.S. government alleging fraud. In exchange, those individuals receive a portion of any recovery. In September, a federal district judge...more

Dorsey & Whitney LLP

The Supreme Court Update - November 25, 2024

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On Friday, November 22, 2024, the Supreme Court of the United States dismissed one case and granted certiorari in two cases: Facebook, Inc. v. Amalgamated Bank, No. 23-980: In June, the Court granted certiorari in this...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

BakerHostetler

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

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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

Goodwin

Constitutionality of Shortened Time Limits on New York Foreclosures Still Unresolved

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​​​​​​​On September 12, 2024, New York’s highest court dismissed an appeal challenging the constitutionality of the retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”), a law that amended certain New York...more

A&O Shearman

FINRA Beats First Post-Jarkesy Challenge

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On September 4, 2024, Judge John Murphy of the U.S. District Court for the Eastern District of Pennsylvania dismissed on jurisdictional grounds the first post-Jarkesy constitutional challenge to FINRA’s disciplinary...more

A&O Shearman

Fifth Circuit Dismisses U.S. Anesthesia Partners’ Appeal, Declining To Hear Constitutional Claims Under Collateral Order Doctrine

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On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more

Mintz - Health Care Viewpoints

Mintz IRA Update — IRA Litigation Update: Courts Begin to Address Legal Challenges to the Medicare Drug Price Negotiation Program

The IRA’s Medicare Drug Price Negotiation Program (the “Negotiation Program” or “Program”), which enables the federal government to negotiate prices for some of the costliest Medicare Part D drugs, has been subject to several...more

Foley Hoag LLP - Cannabis and the Law

Litigation Update: Maryland District Court Finds that ‘Dormant Commerce Clause’ Does not Apply to Adult-Use Cannabis in Maryland,...

We have an update about the recent lawsuit challenging the constitutionality of the Maryland Cannabis Administration’s (MCA’s) Social Equity Program. To recap, on January 26, 2024, a California-based attorney filed suit...more

PilieroMazza PLLC

The FCA at the Supreme Court, Part 4 of 4: Government Intervention and Dismissal of FCA Cases

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The False Claims Act (FCA) saw quite a bit of action at the Supreme Court in its most recent completed term. In this fourth and final installment of PilieroMazza’s blog series “The FCA at the Supreme Court,” we examine active...more

Latham & Watkins LLP

US Supreme Court Upholds Broad, but Not Unfettered, Government Authority to Dismiss FCA Cases

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DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard. The US Supreme Court, in its 8-1 June 16,...more

Snell & Wilmer

Clear for Takeoff: Arizona Court of Appeals Upholds Sky Harbor's Customer Facility Charge

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On June 13, 2023, the Arizona Court of Appeals held in Pope v. City of Phoenix that Sky Harbor Airport’s $6.00/day “customer facility charge” does not violate the anti-diversion provision of the Arizona Constitution. ...more

ArentFox Schiff

Investigations Newsletter: Supreme Court Justices Signal Skepticism of Qui Tam Constitutionality

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Supreme Court Justices Signal Skepticism of Qui Tam Constitutionality - On Friday, June 16, the US Supreme Court ruled that the US Department of Justice (DOJ) has the authority to dismiss qui tam suits brought under the...more

King & Spalding

U.S. Supreme Court Allows Justice Department to Dismiss Whistleblower Cases

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On June 16, 2023, the U.S. Supreme Court affirmed that the DOJ properly secured a dismissal of a whistleblower suit accusing Executive Health Resources Inc. of violating the False Claims Act by improperly billing Medicare....more

ArentFox Schiff

US Supreme Court Rules 8-1 in Favor of Government FCA Dismissal Authority

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On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection...more

Bass, Berry & Sims PLC

Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act Lawsuits

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On June 16, the U.S. Supreme Court issued its opinion in U.S. ex rel. Polansky v. Executive Health Resources, a closely watched case about the government’s power to dismiss a False Claims Act (FCA) qui tam lawsuit over a...more

Schwabe, Williamson & Wyatt PC

Latest Bruckner Lawsuit Challenges Minority Business Development Agency

In 2022, Christian Bruckner and his company, Project Management Corporation, sued the federal government in the U.S. District Court for the Middle District of Florida (Tampa Division). The plaintiffs claimed that the...more

Schwabe, Williamson & Wyatt PC

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

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