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Ninth Circuit Reverses Summary Judgement in Favor of Prison Officials in Case Alleging They Failed to Protect a Prisoner from Attack by Another Inmate

Mon 27th Apr 2020, Blog

A prisoner’s lawsuit against officials at a Nevada state prison facility has been revived by the Ninth Circuit.  The plaintiff’s suit alleges that prison officials violated his Eighth Amendment right to be free of cruel and unusual punishment by failing to take steps to protect him after he reported a threat on his life by another inmate.  The Ninth Circuit held that a reasonable juror could find that the prison officials were deliberately indifferent to …

B|K Wins Machine Gun Case in US Supreme Court

Mon 27th Apr 2020, Blog

After five years of contested litigation the Supreme Court granted our petition, vacated our client’s conviction, and remanded to the Ninth Circuit. At issue was the constitutionality of the National Firearms Act (“NFA”), a 1934 law that strongly discouraged, but did not outright ban, machine guns and other particularly dangerous weapons.  At the time the law was passed Congress believed, based on the advice of the U.S. Attorney General, that the federal government had no …

The Ninth Circuit holds that Unnecessary Hospitalizations May Lead to Liability Under the False Claims Act

Wed 8th Apr 2020, Blog

A recent opinion from the Ninth Circuit held that false certifications of medical necessity can give rise to liability under the False Claims Act (“FCA”).   In Winter v. Gardens Regional Hosp. & Med. Ctr., the Relator (or plaintiff Winter) was a registered nurse and director of care management at a hospital.  Winter claims she was fired from her job after raising questions regarding what she perceived to be medically unnecessary hospital admissions. One example was …

Tissue graft company agrees to pay $6.5 million to settle a False Claims Act lawsuit focused on sales to the Department of Veterans Affairs

Mon 6th Apr 2020, Blog

A Georgia company that manufactures and sells human tissue grafts agreed to pay $6.5 million to settle allegations that it violated the False Claims Act. The case, unsealed last October, settled relatively quickly before the defendant, MiMedx Group Inc. (“MiMedx”), filed a responsive pleading. The qui tam complaint filed by former MiMedx sales representatives alleges that MiMedx falsely represented its commercial sales prices to the Department of Veterans Affairs (“VA”).  By claiming that it sold …

Important information affecting small businesses in the wake of Covid-19 pandemic

Fri 3rd Apr 2020, Blog

Provisions of CARES Act Likely to Increase Number of Small Business Bankruptcy Filings The recently enacted “Coronavirus Aid, Relief and Economic Security Act” (CARES) expands the applicability of the Small Business Reorganization Act (SBRA), passed just last year.  As a result: Businesses with less than $7.5 million in debts may proceed under the new subchapter V of chapter 11 of the Bankruptcy Code; The cost of a chapter 11 reorganization for these qualifying businesses will …

Veteran Bankruptcy Partner and former US Trustee shares his thoughts on what to expect and how to respond in a post-COVID 19 financial environment.

Wed 25th Mar 2020, Blog

Please click here

Bankruptcy in a Post COVID-19 Era

Wed 18th Mar 2020, Blog

Dear Colleagues,   With the economy in turmoil due to the Coronavirus (COVID-19) pandemic, all of our businesses and practices may be impacted by bankruptcy issues.  The economic fallout from the COVID-19 pandemic will likely create a flood of bankruptcies and restructurings as individuals and entities attempt to cope with the resulting financial loss.  There will also be unprecedented legislation addressing the crisis that will require quick interpretation and action.   As bankruptcy litigation practitioners, …

EKRA Creates Risk and Uncertainty for Substance Abuse Treatment Providers

Mon 30th Dec 2019, Blog

As anyone working in health care knows, the industry is a complex minefield of rules.  Federal and state laws regulate referrals between health care providers and violations can carry heavy civil and criminal penalties.  One way to avoid the federal Anti-Kickback Statute (“AKS”) is to stay away from services reimbursed under federal insurance programs like Medicare, Medicaid, and Tricare.  The federal AKS doesn’t apply to services that are reimbursed solely by private insurers (however, state …

California legislators set for vote to expand the state’s False Claims Act to false tax claims

Wed 28th Aug 2019, Blog

A bill winding its way through the California legislature seeks to extend the reach of the California False Claims Act.  The bill would amend California Government Code 12651 and 12653 to add claims under the California Revenue and Taxation Code.  The California False Claims Act, as well as its Federal equivalent, are specialized statutes with specific pleading requirements and a robust body of case law.  The IRS, the SEC, and many other Federal and state …

Ninth Circuit Rules that District Court Wrongfully Concluded that Dinosaurs Can’t Be Minerals

Tue 6th Nov 2018, Blog

By Ariana Seldman Hawbecker In 2005, the Murrays bought a Montana ranch from the Seversons.  But the Murrays didn’t transfer everything over.  Instead, the Seversons reserved ownership over two-thirds of the minerals found in, on, or under the land.  A year later, an amateur paleontologist uncovered the fossils of two dinosaurs locked in battle (the “Dueling Dinosaurs”) on the property.  The discovery of other valuable dinosaurs, said to be worth in the millions of dollars, …