Tag Archives: Sixth

Untimely Physician Certifications for Medicare Home Care Claims – Arguably a Technicality – Vulnerable to False Claims Act Allegations: Sixth Circuit

On June 11, 2018, the United States Court of Appeals for the Sixth Circuit sustained a complaint against a home health care agency alleging that the agency had violated the False Claims Act (FCA) by submitting numerous claims to the Medicare … Continue reading

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Sixth Circuit Narrows Window for State Failure-to-Warn Claims Against Generic Manufacturers

Steven D. Schwinn, John Marshall Law School The Sixth Circuit ruled last week in McDaniel v. Upsher-Smith Labs, Inc., that the Federal Food, Drug, and Cosmetic Act preempted a plaintiff's state failure-to-warn claims against a generic drug manufacturer for failure… … Continue reading

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Sixth in a Series: Adult Coloring Book, "The Lawyers of Trump-Russia" (feat. Rod Rosenstein)

by Diane KleinAs U.S. Attorney General, Jeff Sessions has been so prominent that much of the time – including in the midst of the current immigration crisis – he has vastly overshadowed the Deputy Attorney General, Rod Rosenstein.  And of … Continue reading

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Sixth Circuit panel struggles to figure out Tennessee law to assess Miller challenge in high-profile case

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Right To Counsel Inapplicable to Preindictment Plea Negotiations En Banc Sixth Circuit Holds

John Turner went on a robbery spree in Memphis. He was apprehended and indicted by a Tennessee grand jury on multiple counts of aggravated robbery. He retained a lawyer, who engaged in plea negotiations with state prosecutors. The federal government … Continue reading

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