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qui tam suits

11 July 2018

10th Circuit reinstates qui tam case; vacates mine safety citation; affirms dismissal of malicious prosecution and related claims; and vacates order for lack of subject matter jurisdiction.


by William Gaskill

5 January 2018

10th Circuit reverses denial of qualified immunity motion; affirms a criminal forfeiture order; affirms denial of spoliation remedy; reverses denial of a motion to suppress; affirms rejection of motion to amend qui tam complaint; affirms drug convictions; affirms reinstatement of disability benefits; and vacates a preliminary injunction.


by William Gaskill

19 September 2017

10th Circuit holds rejecting certain plea agreements for too lenient sentence does not constitute improper judicial participation in plea negotiation; allows rehabilitation Act claim to proceed; reduces natural gas condemnation award; affirms rejection of Title IX claim; rejects challenge to the admission of other bad acts evidence; finds agency coal lease decision documents arbitrary and capricious, but, does not vacate the leases; and hoods substitution of nonparties as qui tam plaintiffs requires dismissal of the qui tam claim.


by William Gaskill

6 December 2016

United States Supreme Court holds patent infringement damages can be based on smartphone components as well as complete smartphones; affirms an insider trading conviction based on tips form defendant’s brother in law; and holds no automatic dismissal of qui tam suit if sealed complaint is disclosed.


by William Gaskill

16 June 2016

United States Supreme Court approved qui tam suits based on implied false certification; holds a certain veteran’s contracting preference is mandatory; and clarifies objective reasonableness of a litigation position in a copyright case is a significant, but not controlling, factor in evaluating a motion for attorney fees.


by William Gaskill

13 June 2016

10th Circuit affirms defense summary judgment in qui tam case; reverses qualified immunity judgment in excessive force case; and affirms enhanced sentence in manslaughter case.


by William Gaskill

22 April 2016

10th Circuit affirms dismissal of qui tam suit; affirms summary judgment in favor of rescinding life insurance policy; and agrees that there was no personal jurisdiction in tort and contract case as there were no defense initiated contacts with Colorado.


by William Gaskill

26 May 2015

United States Supreme Court holds parties can consent to bankruptcy court resolving certain non-bankruptcy claims; rejects disbelief in patent validity as a defense to an infringement claim; and holds limitations in qui tam suits not extended by wartime extension law.


by William Gaskill

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