Weekly energy, utility, and telecommunications law case summaries, from FindLaw.com.
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Energy and Utilities
Digest for Week of February 8th, 2017

Energy, Utility, and Communications Case Summaries

Contents:

Prather v. AT&T, Inc.

February 6, 2017
Injury & Tort Law, Communications Law
(United States Ninth Circuit) - In a qui tam action brought by a state prosecutor alleging that the largest telecommunications companies in the United States were fraudulently overcharging the federal government for surveillance services, the district court's dismissal of the action under the False Claims Act's (FCA) public disclosure bar, which states that once allegations of fraud have entered the public domain a person may not bring a qui tam action unless he can prove that he was an original source of those allegations,31 U.S.C. section 3730(e)(4) (2006), is affirmed where plaintiff did not qualify as an original source.
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Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

February 3, 2017
Health Law, Communications Law
(United States Second Circuit) - In an action alleging violations of of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. section 227, the district court's grant of defendant's Rule 12(b)(6) motion dismissing the complaint is vacated where an unsolicited fax inviting doctors to a free dinner meeting featuring a discussion of an ailment -- to which an upcoming product, as yet unapproved by the FDA, was aimed -- was not an 'unsolicited advertisement.'
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