A False Claims Act (“FCA”) qui tam action may be barred by res judicata because of a prior employment retaliation action, the Eleventh Circuit held in Milner v. Baptist Health Montgomery, 132 F.45h 1354 (11th Cir. 2025). A physician brought suit against his former employer-hospital, alleging that he was fired for whistleblowing on a scheme…
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Federal Communications Commission’s 2023 Rule Interpreting “Prior Express Consent” Under the TCPA Violates the Administrative Procedure Act
The Eleventh Circuit vacated the Federal Communication Commission’s (“FCC”) 2023 rule interpreting the meaning of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”) because the rule impermissibly conflicted with the ordinary statutory meaning of “prior express consent.” Insurance Marketing Coalition Limited v. FCC, 127 F.4th 303 (11th Cir. 2025). Insurance Marketing Coalition Limited…