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The first is textual: The statute in fact does not specify any particular remedy for violation of the seal requirement. Thus, they emphasize, although State Farm is correct that the disclosures plainly violated the language of the statute, there is no plain-language basis for dismissal as a mandatory remedy. The relators second argument underscores the unseemly results that would flow from a rule mandating dismissal. On that point, they offer a parade of horribles, such as the absurdity of dismissal as a response to a disclosure that comes one day too soon because the attorney miscounted the date on which the seal requirement would expire. Third, the relators stress the systemic costs of dismissal based on what they characterize as a technicality: Dismissal of a meritorious False Claims Act case because of a procedural error, they argue, vitiates the central purpose of the statute punishing fraudulent conduct. The relators point to this case, in which a jury eventually found State Farm responsible, as a salient example. Dismissal here, the relators maintain, would protect State Farm from the consequences of its conduct based solely on a fortuitous mistake by the relators counsel. The relators also have the support of the United States. The solicitor generals brief situates the dispute in the arena of protective orders, in which district courts traditionally have had broad discretion to fashion relief.
For the original version including any supplementary images or video, visit http://www.scotusblog.com/2016/10/argument-preview-justices-to-consider-seal-requirement-in-false-claims-act-cases/
Lichtman, who has accurately predicted the winner of every presidential election since 1984, first forecast a victory for the GOP nominee during an interview with the Washington Post last month . Granted, this was before the release of the now-infamous Access Hollywood tape, followed by mounting allegations of sexual misconduct, which Trump has attempted to counter with claims that the election is rigged and that the media is conspiring against him. Meanwhile,the tense presidential debates concluded with the suggestion from Trump that he might not accept the outcome of the election if heis not the winner. Despite all this, however, Lichtman has not wavered from his prediction. By the narrowest of possible margins, the keys still point to a Trump victory, he told the Post this week. As Lichtman noted in this latestinterview, he is not a psychic, nor does he look into a crystal ball. Rather, his projections are based on a unique system that relies on 13 True/False questions, or keys, to evaluate the strength of the incumbent party. An answer of True on these True/False questions always favors the reelection of the party in power, Lichtman explained. And if six or more of the 13 keys are False, the party in power, the party holding the White House, is the predicted loser any six or more. Until last month, he said, the Democratic Party only had five keys against it. The final key that led Lichtman to make his prediction that Trump will win wasthe third-party key, and that is based on an assessment that you would expect the third-party candidate, in this case the Libertarian candidate, Gary Johnson, to get 5 percent or more of the vote. While severe and unprecedented, Lichtman said that the problems created for Trump by the Access Hollywood tape and subsequent sexual assault claims did not ultimately change any of the keys. Still, he provided two major กระเป๋าเป้หนัง qualifications to his projection, noting that Im not a hedger, and Ive never qualified before, in 30 years of predictions. The first qualification is that, according to Lichtmans system, it takes six keys to count the party in power out, and they have exactly six keys, one of which requires that at least 5 percent of the popular vote go to Gary Johnson. He could slip below that, which would shift the prediction, Lichtman said.
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