Court Government Mens Rea Statute 
SquirePattonBoggs
FEBRUARY 14, 2023
Judge White wrote the unanimous opinion for the Court, which was joined by Judge Moore and Judge Bush. The Court held that an Ohio aggravated-robbery offense, R.C. The Sixth Circuit reversed the District Court’s contrary decision. But Borden posed a problem for the government’s position. White , No. See United States v.
FDA Law Blog
AUGUST 4, 2022
Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.
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SCOTUSBlog
JUNE 28, 2022
Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.
JURIST
APRIL 15, 2024
When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. This case asks the Supreme Court to decide whether 18 U.S.C. §
SCOTUSBlog
JUNE 24, 2021
United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. The case came to the court after Charles Borden Jr. Share In Borden v. Borden objected.
FDA Law Blog
NOVEMBER 6, 2022
Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.
SCOTUSBlog
MARCH 2, 2022
For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances. The government argues the intent standard is an objective one — an “honest effort” to comply with professional norms.
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