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 | FERC Endorses Private Right to Prosecute Market Manipulation Complaints under Federal Power Act
November 6, 2009, previously published on October 27, 2009 The Federal Energy Regulatory Commission on October 23 affirmed the use of a procedural vehicle that allows third parties to bring market manipulation claims under the Federal Power Act (FPA). In an apparent departure from FERC's enforcement cases to date, which are rooted in investigations... |
| District Court Finds False Claims Act (FCA) Punitive in Nature and Holds Retroactive Application of the Fraud Enforcement and Recovery Act of 2009 (FERA) Unconstitutional
November 6, 2009, previously published on November 2, 2009 In United States ex rel. Sanders v. Allison Engine Co., Inc., No. 1:95-cv-970 (S.D. Ohio Oct. 27, 2009), the court found FERA's retroactive effective date for certain claims pending on or after June 7, 2008 to be both inapplicable to the facts of the case and a violation of the Ex Post Facto Clause... |
| Anti-Tort Reform Goodies Buried in Health Care Bill
November 6, 2009, previously published on October 30, 2009 The House version of the health care bill, titled "Affordable Health Care for America Act," includes a section (pgs. 1431-33) for incentive payments to be made to each State that has a compliant alternative medical liability law. |
| Warnings Claim Preempted When the Railroad Crossing Improvements Were Federally Funded
November 6, 2009, previously published on November 4, 2009 In Missouri Pacific Railroad v. Patricia Limmer, et al., the Texas Supreme Court held that state law tort liability for inadequate warnings was preempted when the railroad crossing improvements were federally funded because federal regulations specify what warning devices should be used. |
| Customs Proposes Regulations to Allow Offsets of Duty Overpayments in Audits and Disclosures
November 6, 2009, previously published on November 5, 2009 U.S. Customs and Border Protection (CBP) recently announced proposed amendments to its regulations to allow for sampling and offsetting of underpayments with overpayments in CBP audits and prior disclosures. 74 Fed. Reg. 53,964 (October 21, 2009). For years CBP and importers have used sampling in... |
 | Health Care Reform: More Aggressive Fraud Enforcement and Broader Government Oversight are on the Horizon
Douglas W. Baruch, John T. Boese, Beth C. McClain; Fried, Frank, Harris, Shriver & Jacobson LLP; November 5, 2009, previously published on November 5, 2009 Much of the current debate surrounding health care reform has focused on entitlements and the mechanisms for paying for them. Less attention is being paid to important provisions in pending House and Senate bills that would...Make it significantly easier for the government to prove certain health... |
| Employers Offering Health Benefits Can No Longer Ignore HIPAA
Drinker Biddle & Reath LLP; November 5, 2009, previously published on November 5, 2009 If you are an employer offering health insurance to your employees (a Health Plan Sponsor), you know that your group health plan (including any medical, dental, vision and health FSA benefits) is considered a "covered entity" under the HIPAA privacy and security rules. For many of you who... |
| 2009 Elections Produce Two New Attorneys General
Sarah Reznek, Timothy J. Shea; Bingham McCutchen LLP; November 5, 2009, previously published on November 4, 2009 Two new state Attorneys General will take office as a result of the 2009 off-year elections, changing the balance between Republicans and Democrats. Specifically, the victory of Ken Cuccinelli in Virginia ensures that the Attorney General's office will remain in the Republican column as it has... |
| Court Muddies the Waters on Federal Shoreline Jurisdiction
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP; November 5, 2009, previously published on October 29, 2009 In United States v. Milner, the Ninth Circuit ruled that federal jurisdiction under the Rivers & Harbors Act is defined by where the mean high water line would have been had shore-defense structures such as seawalls and levees never been built, while jurisdiction under the Clean Water Act is... |
| Changes Regarding Re-entry of Permanent Residents with Prior Criminal Convictions
Dinsmore & Shohl LLP; November 5, 2009, previously published on October 29, 2009 U.S. Customs and Border Protection (CBP) announced that effective October 1, 2009 there is a greater likelihood that returning Lawful Permanent Residents (LPRs) who have prior criminal convictions will be issued a Notice to Appear rather than an Order to Appear for Deferred Inspection. In the past,... |
