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In Ganek v. Leibowitz, No. 16-1463, 2017 U.S. App. LEXIS 20226 (2d Cir. Oct. 17, 2017), the U.S. Court of Appeals for the Second Circuit recently reversed a district court’s determination that federal prosecutors and agents were not entitled to qualified immunity from plaintiffs’ Bivens claims for money damages for violations of the Fourth and Fifth Amendments in procuring and executing a search warrant. The court followed the relevant precedent in the area of qualified immunity in reaching its decision; civil litigation against prosecutors and agents who have made an error in the course of their work ordinarily is not permitted. But the underlying facts of Ganek raise the question of whether it would be appropriate to reform the use of search warrants, especially in cases where the warrants seek evidence and not contraband. Modest revisions to the procedural rules governing search warrants could prevent unintended harm from being visited upon innocent third parties.
By Jacqueline C. Wolff
Lessons Learned from Recent Settlements and Decisions
Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government. Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.
By Robert J. Anello and Justin Roller
Part Two of a Two-Part Article
Though they might seem straightforward on their faces, limitations periods are often elongated by legislation or court interpretation. The authors began looking at some of these exceptions to the stated limitations periods last month in Part One of this article. They continue here with further examples.
By Colleen Snow
Utah Biodiesel Executives in $511 Million Fuel Tax Credit Scheme
By Colleen Snow
Second Circuit Issues Ruling Against DOJ in United States v. Hoskins Appeal