Climate Change Project

Table of Contents



The Hanlester Network V. Shalala, 51 F.3d 1390 (CTA 9 1995)

What were they charged with?

How was Hanslester organized?

What did SKBL promise to do?

What were the limited partnerships?

Where were most of the tests performed?

What were the specific violations?

What did the ALJ conclude?

Did the IG agree?

What did the DAB do?

What did the ALJ rule on rehearing?

What did the DAB find about the rehearing?

What happened in the district court?

What is the evidentiary standard for judging the Secretary's decision?

What does the court review to make it's decision?

Are joint ventures prohibited by the act?

How were the statutes consolidated in 1987?

Is Proof of Agreement necessary?

Does the statute require an agreement?

What was the vagueness claim?

What is the standard for vagueness?

What factors do you consider?

What is the Offer or Payment to Induce Referrals?

What is Remuneration?

How did defendants contest Inducement?

How did they induce referrals?

Was there a lawyer involved?

What were potential partners told?

What was the side-bar agreement?

Was it knowing and willful?

What is the Scienter Requirement?

What did Dahlstrom hold?

What does the court establish for the standard for knowingly and willfully?

What was the liability of the Hanlester Network and Joint Venture Labs?

Was there Vicarious Liability?

Were the partners liable?

What was the argument that this was a sham?

What was SKBL's role?

What is a Permissive Program Exclusion?

Who did the court let off?


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