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Law.com

10th Circuit Applies 'Demanding' Materiality Standard to FCA False-Certification Claim

Relying on "the demanding materiality standard set out by the Supreme Court" in its 2016 'Escobar' decision, the appellate court affirmed the district court's dismissal and emphasized the high bar that FCA plaintiffs face in pleading false-certification claims."
6 minute read

Supreme Court Brief

Up Next: Veteran Advocates | 'Pall of Uncertainty' | What 3 Dissenters Can Do

We have the rundown on who will be at the lectern during this week's oral arguments.
9 minute read

Daily Business Review

Equality for Practice Areas: Should We Lift the Ban on Referral Fees?

Is there a reason why a referral fee is allowed under the Florida Bar Ethics Rules in the personal injury case, and not in the criminal case? Is it not as important to have the most competent representation in both cases? Why the disparity and what is the result of this inequality?
5 minute read

Daily Report Online

Appeals Court Affirms Conviction in Ongoing Georgia Teacher's Murder Case Regarding Suspect's Incriminating Statements

"The fact that the district attorneys could help Dukes does not mean that they offered to do so, much less that they offered an improper hope of benefit in the form of reduced criminal punishment."
3 minute read

New Jersey Law Journal

Law Says a Former President Is 'Every Man'

A search of the Constitution reveals no exception, no special consideration, no dispensation, no pause, and certainly no provision for appointment of a special master to review for executive privilege evidence seized pursuant to a lawfully issued warrant from a potential defendant, including a former president.
3 minute read

Law.com

Court Lays Out How to Effectively Screen Defense Lawyers-Turned-Prosecutors From Former Clients' New Cases

"Apart from determining that a mere proffer [that screening or Chinese Wall inside the prosecutor's office existed] was insufficient and suggesting that affidavits about a screening procedure may be relevant evidence, we have never affirmatively identified the various factors a court should consider in determining whether a former defense attorney was 'effectively screened' from a related matter," wrote the Virginia Court of Appeals in the case before it.
4 minute read

Texas Lawyer

Denied: No Rehearing for Texas AG in Quest to Criminally Prosecute Election Law

"If we ruled that the legislature could give the Attorney General the unfettered power to prosecute all election cases, we would be giving every future Attorney General the power to bring possibly fabricated criminal charges against every candidate running for public office ... who disagrees with the Attorney General's political ideals," Judge Scott Walker said.
4 minute read

New York Law Journal

Do Lawyers Adequately Address Their Client's Prison Existence?

Lack of knowledge may cause federal judges to impose sentences far more onerous than they intend without sufficient pushback from the defendants' lawyers.
9 minute read

Daily Business Review

Crosley Green's Freedom Uncertain after 11th Circuit Affirms Prosecutors Can Withhold Inadmissible, Exculpatory Evidence

The U.S. Supreme Court is the last remedy for the longtime Crowell & Moring pro bono client, who spent 32 years in prison for a murder that legal scholars have called a racial hoax.
4 minute read

Daily Report Online

RFK Assassin Challenges Parole Denial in California

Sirhan Sirhan's attorney, Angela Berry, says there is no evidence her now 78-year-old client remains dangerous. She is filing what's known as a writ of habeas corpus asking a judge to rule that Gov. Gavin Newsom violated state law, which holds that inmates should be paroled unless they pose a current unreasonable public safety risk.
3 minute read

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