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Tag Archives: Judge J. Harvie Wilkinson III

Fraudsters fail to reverse trial verdict (access required)

Where the record showed that several individuals made half a dozen material misrepresentations in connection with a telemarketing scam, and that consumers were misled as a result, the verdicts for violations of the Federal Trade Commission Act and the Telemarketing ...

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Company waited too long to assert Appointments Clause challenge (access required)

Where a company twice failed to assert an Appointments Clause challenge to an administrative law judge, or ALJ, or to the Benefits Review Board, it forfeited its ability to raise that argument at the eleventh-hour. Background After Austine Salmons filed ...

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Patients can sue to continue Medicaid services (access required)

Where South Carolina terminated its enrollment agreements with Planned Parenthood because it provided abortion services, a woman who used Planned Parenthood for her gynecological care had standing to sue to enjoin the termination on the grounds it violated Medicaid’s free-choice-of-provider ...

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Reasonable interpretation of Medicaid law forecloses suit (access required)

Where a pharmaceutical company’s interpretation of a complex Medicaid statute was “objectively reasonable,” and there was no authoritative guidance from the government that clarified its interpretation of the statute, the relator failed to show the alleged false statements were “knowingly” ...

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Collecting debts makes one a ‘debt collector’ in Maryland (access required)

Where a mortgage company argued that it was not a “debt collector” under the Maryland Consumer Debt Collection Act because it only accepted monthly payments and did not actively enforce the payment obligations of defaulting borrowers, its argument was rejected ...

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