State ex rel. Fix v. Herron

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that, because the listed examples were preceded by the term “including,” they were “merely non-exhaustive examples” that did not limit the scope of the statutory provision
• holding that, in the context of the Anti-Kickback Statute, 42 U.S.C. § 1320a- 7b(b)(2), Bryan’s definition of “willfully” is necessary to avoid penalizing those who were “unaware that such payments are prohibited by law”
• holding that ejusdem generis cannot be applied to the clause, “any remuneration (including any kickback, bribe, or rebate),” because “‘any remuneration’ cannot fairly be characterized as a ‘residual’ phrase” and “the parenthetical— ‘(including any kickback, bribe, or rebate
• noting that canons of construction such as noscitur a sociis are only necessary where the meaning of a term is ambiguous according to the plain reading of the statute
• “payment; compensation, especially for a service that someone has performed”

Source: CourtListener parenthetical corpus (CC0).