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Administrative Law

With Bivens on Life Support, FTCA May Be Viable Option for Claims Against ICE

Claims of excessive force by federal immigration agents raise an immediate and difficult question: who can be sued? Individual agents often assert qualified immunity, while constitutional claims under Bivens have been sharply limited by the Supreme Court. In many cases, the most viable—and often overlooked—path to recovery is a claim against the United States itself […]

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MEDICARE’S “WITHOUT FAULT” PROVISION: A PROVIDER’S SECRET WEAPON?

Because Medicare processes over one billion fee-for-service claims annually, it is impossible for CMS and its contractors to review every claim – or even a substantial percentage of claims – on a pre-payment basis.  Accordingly, Medicare has set up various post-payment mechanisms to investigate and recover those payments that it determines, on a post-payment basis, […]

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Annual Defense Appropriations Legislation Brings Major Changes to Administrative False Claim Act

Late last year, President Biden signed the annual National Defense Authorization Act (NDAA) for fiscal year 2025.  This alone is not newsworthy, as this has happened every year since the NDAA was introduced in 1961.  Generally speaking, the NDAA governs Department of Defense appropriations and related issues. This NDAA, however, contained a provision that was […]

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Georgians Overwhelmingly Approve Constitutional Amendment Waiving Sovereign Immunity

Leading up to the recent elections, we explained the three constitutional amendments that Georgia voters would be asked to decide.  All three amendments passed.  In particular, nearly 80% of Georgia’s voters approved amending Georgia’s constitution to waive sovereign immunity, overturning a deeply ingrained judicial doctrine that prevented Georgia’s state courts from hearing constitutional challenges to […]

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