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The Right to Try Meets the Reality of Drug Approval

By Joan H. Krause [Cross-posted at HealthLawProf Blog] Whether it be a social media campaign to convince a company to provide an experimental anti-viral drug to a young cancer patient suffering from a...

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Some Thoughts from a Health Lawyer on King v. Burwell

By Joan H. Krause [Cross-posted from Hamilton and Griffin on Rights] The long-awaited and much-debated opinion in King v. Burwell is here. In an opinion written by Chief Justice Roberts – who almost...

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The Amarin Settlement: Watershed or Sinkhole?

By Joan H. Krause The latest development in the simmering war over off-label drug promotion came on March 8, when Amarin Pharma reached a proposed settlement with the FDA that would allow the company...

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Implied Certification and the Quest for Fraud that “Counts” Under the False...

By Joan H. Krause [Cross-posted from Hamilton and Griffin on Rights] Sometimes, we lie when we speak; other times, we lie when we don’t. Striking the right balance is the essence of the Universal...

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Implied Certification and the Problem of Interpretation Under the False...

by Joan H. Krause [Cross-posted from Hamilton and Griffin On Rights] In a recent post, I explained the contours of the False Claims Act (FCA) implied certification theory of falsity, the subject of the...

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Implied Certification and Materiality Under the Civil False Claims Act

by Joan H. Krause [Cross-posted from Hamilton and Griffin On Rights] On June 17, the Supreme Court unanimously decided Universal Health Services v. United States ex rel. Escobar (UHS), holding that FCA...

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Introducing Joan H. Krause

We are pleased to introduce our newest contributor, Joan H. Krause, to Bill of Health. Professor Joan H. Krause is Associate Dean for Faculty Development and Dan K. Moore Distinguished Professor of Law...

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Triple Canopy and Evolving Standards of Materiality Under the Civil False...

By Joan H. Krause [Cross-posted from L3: Long Leaf Law Blog] In Universal Health Services v. United States ex rel. Escobar (UHS), the Supreme Court upheld the Civil False Claims Act (FCA) theory of...

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