Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA). The Court held that plaintiffs had failed to exhaust their administrative remedies before the Drug Enforcement Administration (DEA). Rather than dismissing
The Second Circuit examined the False Claims Act’s “alternate remedy” provision for the first time yesterday, holding that a fugitive who had dismissed his qui tam action was not entitled to a share of a $25.6 million FCA settlement. In United States v. L-3 Communications EOTech, Inc., the Second Circuit held that relator Milton
Second Circuit Judges recently traded strong language in opinions accompanying the denial of a petition for en banc review in Tanvir v. Tanzin.
In Tanvir, Plaintiffs alleged that, in retaliation for their refusal to serve as informants, federal officials improperly placed or retained plaintiffs’ names on the “No Fly List” in violation of