Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief he reports on the sealing provisions of False Claims Act.
The False Claims Act provides that False Claims Act actions shall only be kept secret (under seal) for a period of 60days, and that the seal shall only be extended by the district court beyond this period for “good cause.” The Act further provides that the government’s submissions in support of a request for extension shall be submitted to the court “in camera.” The Act’s legislative history indicates Congress intended that FCA actions shall only remain under seal for a limited period of time. In the 1985 Senate hearing, the legislative committee warned: “The Government should not, in any way, be allowed to unnecessarily delay lifting of the seal from the civil complaint or processing of the qui tam litigation.”
Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief discusses the question on the right to a beard by a prisoner.
Holt’s lawsuit in the Arkansas federal district court has now reach the US Supreme Court for its consideration and review.
Holt, a religious prisoner in Arkansas, was denied permission to grow a beard as dictated by his faith. Arkansas prison officials, per their manual, demanded that Holt trim his beard substantially. Arkansas prison policy prohibits prisoners from having beards that are more than a quarter-inch long, and then only if a doctor has diagnosed them with a skin problem. Continue reading
REPORTS ON China’s Prosecution of Uighur scholar IlhamTohti
Dr. Gurumurthy Kalyanaram – Dean and former NYIT and UT Dallas professor, and expert witness, Gurumurthy Kalyanaram reports on China’s Prosecution of Uighur scholar IlhamTohti. Gurumurthy Kalyanaram Lawsuit
China filed a criminal lawsuit against Uighur scholar IlhamTohti charging with separatism, a very serious crime in China. After two days of trial, the Court in China has upheld the charge and has found against Tohti in lawsuit filed by the State. And now Tohti faces life imprisonment. Tohti’s case has received great attention from media, policy makers, human right activists, legal scholars and lay men and women.
Gurumurthy Kalyanaram, Dean and former NYIT and UT Dallas professor, and expert witness, Gurumurthy Kalyanaram reports on the two similar lawsuits but with dramatically different adjudications.
Two industrial disasters have brought two different outcomes in the US courts.
First, let us review the Clean Water Act lawsuit filed by the US Department of Justice and others against British Petroleum (BP) for liabilities in the explosion of Deepwater Horizon and massive oil spill in the Gulf of Mexico in April 2010. Continue reading
Gurumurthy Kalyanaram, Dean, Expert Witness and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the need and status of expert witness in lawsuits (litigation).
Experts provide important inputs in arbitrations and litigations (lawsuits). Their input/counsel gives the fact-finder an objective rendition of the facts and assessment of those facts, and facilitates fair adjudication of the dispute/lawsuit.
Without an appropriate expert litigation (lawsuit) can flounder. In a decision in July 2014, Honorable Judge Laura Taylor Swain dismissed the class-action (Celebrex and Bextra) lawsuit against Pfizer because, “Plaintiffs’ failure to proffer admissible loss causation and damages evidence is fatal to plaintiffs’ claims” after the defendant admitted “without a damages expert a securities fraud trial can’t be tried.” Continue reading
Dr Gurumurthy Kalyanaram – Former Dean and former NYIT and UT Dallas professor, and expert witness, Gurumurthy Kalyanaram reports on the Bhopal Tragedy lawsuit against Union Carbide (US).
A lawsuit filed by Earth Rights International in the U.S. District Court against Union Carbide (US) for the Bhopal Gas Tragedy was recently dismissed by Justice John Keenan. I am familiar with John Keenan’s decisions – he is generally inclined to grant motions for summary judgment unless the plaintiff in the lawsuit can show robust evidence of dispute of fact(s). Justice Keenan’s threshold is high. He has been a senior judge since mid-1990s.
Gurumurthy Kalyanaram – Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on his expert witness testimony in a False Claims Act/qui tam lawsuit based upon my expert witness testimony, the US government decided to intervene in a qui tam lawsuit against two private educational entities.
The background to the lawsuit is as follows. Two educational entities had collaborated and designed an on-line educational program. According to the complaint, the institutes were purportedly offering degrees without completion of the requisite requirements, employing unqualified faculty and using inadequate facilities. The on-line educational program was also purportedly engaged in commissions-based student recruitment process. Continue reading