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.
February 6, 2017 Property Law & Real Estate, Injury & Tort Law (California Court of Appeal) - In a suit for intentional misrepresentation, fraud by concealment and related common law and statutory causes of action, the judgment of dismissal, entered after a judicial referee, appointed pursuant to Code of Civil Procedure section sustained without leave to amend the demurrers of all defendants to plaintiff's first amended complaint, is affirmed over plaintiff's contentions that: 1) the referee misapplied the delayed discovery rule and, as a result, incorrectly concluded each of his claims was barred as a matter of law by the applicable statute of limitations; and 2) the trial court erred in enforcing the judicial reference provisions in the limited partnership agreements at issue in the case.
February 2, 2017 Sports Law, Injury & Tort Law (California Court of Appeal) - In an action arising out of injuries plaintiff sustained during a high school football game, alleging ambulance crew was grossly negligent in not properly assessing plaintiff's condition and immediately transporting him to the hospital in the standby ambulance, the trial court's grant of summary judgment to ambulance service provider defendant is affirmed where the court did not err in finding that there was no triable issue of material fact regarding causation.
Christopher Coble, Esq. February 2, 2017 Altria, née Philip Morris, is probably looking at a big dip in sales following a voluntary recall of some of its smokeless tobacco products after consumers found sharp metal objects in some cans. Although the company insists no users were...
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