The National Law Forum

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Author Archive: National Law Forum

The Supreme Court Closes the Books on Civil False Claims Act Cases and Takes Issue with the First to File Rule

Supreme Court us

In a unanimous decision, the Supreme Court in Kellogg Brown & Root v. United States ex rel. Carter reversed the Fourth Circuit in part and affirmed in part, holding that the Wartime Suspension of Limitations Act (WSLA) only applies to criminal offenses, and that the popular colloquialism known as the “first to file rule” only prohibits qui tam actions …

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FDA Issues Draft Guidance on Mandatory Food Recalls Under the Food Safety Modernization Act

produce aisle

The Food and Drug Administration (FDA) recently issued a draft guidance titled, “Questions and Answers Regarding Mandatory Food Recalls.” FDA was given general mandatory food recall authority by the Food Safety Modernization Act (FSMA). The guidance is notable for its brevity, coming in at a total of seven pages including the cover. Although much of …

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Time to Exclude the IMD Exclusion – Institutions for Mental Disease

Some rules are borne out of the best of intentions, and the Institutions for Mental Disease Exclusion (“IMD exclusion”) bears the hallmarks of such a beginning. The IMD exclusion bars federal funding for care of patients between the ages of 21 and 65 who receive inpatient treatment in an IMD, a hospital, nursing facility or …

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UPDATE: Ice Cream Recall Begets First Lawsuit

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In April 2015, Blue Bell Creameries announced a full, nationwide recall of all its products.  It didn’t take long for a lawsuit to be filed. On Tuesday, the first lawsuit seeking to hold Blue Bell liable for illness caused by listeria-contaminated ice cream was filed in the United States District Court, Western District of Texas. Plaintiff David Philip Shockley …

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Happy Memorial Day from the National Law Review!

The National Law Review remembers those who have given their lives in service to this great country. We thank all miliary men and women who continue to protect the freedoms the fallen died defending. Please have a safe and happy Memorial Day! the Team at the National Law Review

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