US Federal

Fifth Circuit Certifies Texas LLC Exemption Question to State Supreme Court

The Fifth Circuit Court of Appeals has certified a question to the Supreme Court of Texas regarding whether a Texas LLC membership interest is an exempt asset in federal bankruptcy proceedings. The court is seeking clarification on Texas state law to resolve a dispute between a debtor and the bankruptcy trustee.

Scott Reardon v. American Airlines - Retaliatory Termination Claim

The Fifth Circuit Court of Appeals affirmed the dismissal of a retaliatory termination claim filed by Scott Reardon against American Airlines under the Railway Labor Act. The court found that Reardon's termination was based on violations of a Last Chance Agreement, not retaliation.

Fifth Circuit Court Opinion on Mississippi Vapor Law

The Fifth Circuit Court of Appeals denied a motion for an injunction pending appeal in a case challenging Mississippi House Bill 916. The court found that the plaintiffs, including vapor retailers and trade associations, failed to establish Article III standing to challenge the law, which restricts the sale of electronic nicotine devices to those approved by the FDA.

Geo Group v. Inslee - Ninth Circuit Denies Rehearing

The Ninth Circuit Court of Appeals denied a petition for rehearing in the case of The GEO Group, Inc. v. Jay Inslee. The court's prior decision vacated a preliminary injunction against a Washington state law concerning civil detainees and remanded the case. The denial of rehearing means the prior ruling stands.

Cox v. Gritman Medical Center - Personal Jurisdiction Ruling

The Ninth Circuit Court of Appeals reversed a district court's dismissal in Cox v. Gritman Medical Center, finding personal jurisdiction over Idaho-based defendants in a wrongful death action brought by Washington residents. The court held that defendants cultivated treatment relationships with Washington residents and transmitted prescriptions to Washington pharmacies, satisfying the long-arm statute and Due Process Clause.

USITC Affirmative Determinations on Antidumping and Countervailing Duty Investigations for MAMMOs from Taiwan

The USITC has made affirmative determinations that a U.S. industry is materially injured by imports of multifunctional acrylate and methacrylate monomers and oligomers (MAMMOs) from Taiwan sold at less than fair value and subsidized by the government. As a result, the Department of Commerce will issue antidumping and countervailing duty orders.

OIG Audit: Medicaid Agencies Made $207M in Unallowable Payments for Deceased Enrollees

The HHS OIG has released an audit report finding that Medicaid agencies made an estimated $207.5 million in unallowable capitation payments to managed care organizations on behalf of deceased enrollees between July 2021 and June 2022. The report recommends CMS provide agencies with data to recover payments and explore OBBB Act implementation.

Maine Medicaid Autism Services Improper Payments

The HHS OIG has issued a report finding that Maine made at least $45.6 million in improper fee-for-service Medicaid payments for autism services provided to children. The audit identified that all sampled claims were improper or potentially improper, leading to recommendations for refunds and improved provider guidance.

HHS OIG: ACF Can Improve Homeless Youth Services Compliance

The HHS Office of Inspector General (OIG) issued a report finding that the Administration for Children and Families (ACF) can improve services to homeless youth by strengthening grant recipients' compliance with Transitional Living Program (TLP) requirements. The audit found significant documentation gaps in service provision for a large percentage of youth served by TLP grants.

HHS OIG: Hospital Cybersecurity Controls Need Improvement

The HHS Office of Inspector General (OIG) issued a report finding that a large southeastern hospital needs to improve its cybersecurity controls, particularly for web applications. The OIG made four recommendations to enhance defenses against cyberattacks, which the hospital has concurred with.