Volume 40, Issue 1

Civil Money Penalties: Reasonable Penalties to Combat Fraud or a Strain on the Health Care Community

Your typical healthcare fraud claim involves gross billing or filing a reimbursement claim for services not rendered. Implemented in response to capacious litigation, federal fraud and abuse laws have raised “a number of analytical and practical challenges for both” health care providers and the legal community at large. Due to this rising frequency of healthcare fraud, millions of dollars are lost annually and the quality of healthcare services has diminished. Recently, the enactment of the […]

Is E-Fairness Legislation the New Cost of Doing Business Online? The Marketplace Fairness Act of 2013 and its Impact on Amazon and E-Commerce, State Governments and Traditional Retailers

One of the hallmarks of the internet is online shopping. Consumers can shop online 24- hours a day and from anywhere in the world via computers, tablets, and smartphones. Online transactions are known as e-commerce, because “the price and terms of the sale are negotiated over an internet.” In the U.S. economy, online shopping has become the dominant retail channel preferred by consumers. For example, in 2012 consumers spent $186.2 billion in online shopping. Furthermore, […]

Flip a Coin: Heads, Stand Your Ground is Good Law…Tails, Stand Your Ground is Bad Law

Batman and Spiderman are fictional characters that have been idolized by many people in this country for decades. We dress ourselves and our children as these characters for Halloween. Millions of dollars are made in movies that document and celebrate the “heroic actions” of these characters as vigilantes “fighting crime” with street justice. It is only fitting that state legislatures adopt a law that advocates this type of “heroic action” that is coveted by many, […]

How the Search Became the “Search”: The Ever Changing Evolution of the Search Under the Fourth Amendment

The area surrounding Fourth Amendment law and the use of certain tactics to gain evidence and insight as to what occurs within a home without a warrant has long been in debate, and recently further clarified by the Supreme Court in Florida v. Jardines. What constitutes a search and seizure within the rights of an individual is something that has been clearly outlined within the United States Constitution in the Fourth Amendment, or so the […]