Posts

Enormous Conspiracies and Hearsay

The Sixth Circuit agreed with the government that the co-conspirator hearsay exception could cover a conspiracy of thousands. Read More
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Proving Criminal Intent Through Circumstantial Evidence

A Sixth Circuit decision provides a roadmap of key issues on which prosecutors focus in proving criminal intent for healthcare fraud cases. Read More
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Violation of Speedy Trial Right Results in Dismissal of Indictment

The Rentas decision is a good example of a violation of the right to a speedy trial, but the case also shows how difficult it is to prevail on constitutional arguments. Read More
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Federal Remand Decision Shows Potential Catch-22 for Defendants in CAFA Removals

Defendants removing to federal court under CAFA face a tricky situation in meeting the amount-in-controversy requirement when defending against fail-safe class definitions. Read More
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When Is There an Uncompensated Benefit but no Unjust Enrichment?

A recent decision shows that not every unpaid-for benefit constitutes unjust enrichment. Read More
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Section 230 Protects Ordinary Users from Legal Liability for Merely Retweeting

Section 230 of the Communications Decency Act provides important protections in litigation for the average user. Read More
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Supreme Court Emphasizes Importance of Strong Scienter Requirement for Criminal Defendants

The Supreme Court handed a victory to white-collar criminal defendants in its recent decision of Ruan v. United States. Read More
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