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Articles by Ian Dankelman
Federal Court Finds Qui Tam Provision Of False Claims Act Unconstitutional
The False Claims Act ("FCA") imposes civil and criminal liability on parties that knowingly present or cause to be presented a false or fraudulent "claim" to the government.1 Enacted during Reconstruction in 1863, the scope of the FCA is broad, impacting persons and businesses in numerous fields.
How the Pandemic is Impacting State and Federal Litigation and Options for Policyholders
This blog has two goals. First, I want to give a general overview to policyholders with active litigation about how the COVID-19 pandemic is temporarily changing Florida’s litigation landscape. Second, I provide policyholders options to keep their cases progressing in state and federal court. The Florida Constitution and the judicial administration rules vest the Chief Justice of Florida with immense power to regulate court activity and the legal profession.
The Final Steps Before Your Federal Trial: What Every Policyholder Should Know
Most federal court litigation settles without the need for trial. However, if insurance carriers refuse to offer a just settlement, policyholders should be prepared to vindicate their rights in front of a jury. Before proceeding to trial, however, there are several important steps that policyholders and their advocates must take. The most important of these are the in-person attorney meeting and the final pretrial conference.
Mediations with Federal Magistrate Judges
United States magistrates are federal judges with extensive authority over civil cases. Many policyholders are surprised to learn that magistrate judges can preside over mediation conferences. For example, during initial case management conferences, many districts allow litigants the opportunity to schedule a mediation conference with a magistrate judge.
A Chance to Settle: Mediation in Federal Court
Almost every federal court requires parties to mediate their case before trial. The purpose of mediation is to place all interested parties in the same room to determine whether an amicable resolution of the case is possible. A mediator is an individual who works with the parties to highlight strengths and weaknesses of the parties’ respective cases and facilitate settlement. Either the court or the parties may select the mediator.
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