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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

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. By Sophia R. Greber, 760 F.2d 2d 68, 71 (3d Cir.), denied, 474 U.S.

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‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

From about the 1600s, they had a gigantic Criminal Code where everything was a felony and every felony was punishable by death. However, after the industrial revolution [and the rise of] the English working classes, there just weren’t enough police to keep whacking people over the head with the criminal law.

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Houston Man Arrested As Police Continue Search For Missing Tiger

JonathanTurley

Notably, according to the New York Post, there were also two monkeys living with Cuevas in the house but that is not itself unlawful. The Lacey Act and other federal wildlife statutes could be charged for such conduct. If convicted of a felony, the maximum penalty is $20,000 and/or up to five years imprisonment.

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Truth, Lies and Plea Bargaining

The Crime Report

In some examples cited in the paper, a Virginia defendant in Virginia charged with transporting marijuana pleaded guilty to trafficking a different type of drug altogether; a New York defendant charged with animal cruelty pleaded guilty to trespassing even though no trespassing was involved.

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“America’s Got Trump”: Get Ready for a Truly Made-for-TV Prosecution

JonathanTurley

I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. But the New York case would be easily dismissed outside of a jurisdiction like New York, where Bragg can count on highly motivated judges and jurors.

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Plan B From Outer Manhattan: Why the Court Should Move the Trump Trial Out of Manhattan

JonathanTurley

Given Bragg’s failure to even state the key offense allowing him to bring these 34 felonies, Merchan should have scheduled a hearing on the threshold legal questions in two weeks — not schedule all motions to be heard in December. If this horror show is going to happen, it should play anywhere other than Manhattan.

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic.

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