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Full-Text Articles in Law
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
University of Miami Law Review
False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
University of Miami Inter-American Law Review
This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …