California’s high court will review the constitutionality of the state’s $250,000 cap on damages in medical malpractice suits, less than a month after voters summarily rejected a measure that would have raised the cap to $1 million, according to a consumer advocacy group on Wednesday.
The National Labor Relations Board pushed the Third Circuit Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.
A group of Texas abortion providers on Monday responded to a Fifth Circuit appeal by officials and anti-abortion groups to uphold a controversial state abortion law that could shutter all but seven clinics, arguing that the new rules place an unreasonable burden on abortion facilities.
A Texas appellate court on Tuesday refused to knock out an ophthalmologist’s defamation suit against Miller Weisbrod LLP over television ads the firm aired about the doctor, saying the ad was commercial speech and didn’t qualify for protection under a state free speech law.
A Pennsylvania federal judge on Monday denied class certification to two Humana Inc. units that sued GlaxoSmithKline PLC for the cost of insuring Medicare patients harmed by its drug Avandia, saying issues of law and fact vary for proposed class members.
A Texas appellate panel on Tuesday tossed a former hospital worker's lawsuit alleging a law firm failed to file her employment discrimination lawsuit within the statute of limitations, saying her claim couldn't survive summary judgment without expert testimony showing her underlying case was viable.
Retail pharmacy giants CVS Caremark Co. and Rite Aid Corp. have settled Walgreen Co.’s claims that its rivals were infringing its patent for refilling prescriptions using a mobile device, with CVS agreeing to an injunction against using the technology, according to documents filed Tuesday.
A California federal judge rejected a motion Tuesday to send to state court a proposed class action accusing Supervalu Inc. of not paying pharmacists minimum wage and overtime, unpersuaded by the argument that the case missed the $5 million threshold for staying in federal court.
The New Jersey Appellate Division on Monday relied on statutory protections for hospital peer-review evaluations and decisions to back the toss of a surgeon's suit against a hospital that revoked his clinical privileges and rejected the doctor's bid for additional discovery to help prove his case.
A Texas appeals court on Tuesday invalidated three Texas Health and Human Services Commission rules related to payment holds imposed during Medicaid fraud investigations, holding they violate due process rights.
A California federal judge on Monday tentatively denied certification to three putative subclasses of workers alleging Laboratory Corporation of America violated labor laws pertaining to break periods and off-the-clock work, but told attorneys he would allow more briefing before deciding the fate of two other potential subclasses.
A Tennessee federal judge on Monday refused to recommend Sixth Circuit review of whether the U.S. Department of Justice can extrapolate from a sample of billing claims to establish vast False Claims Act liability, calling nursing home giant Life Care Centers of America Inc.'s request for such a review premature and unlikely to shorten litigation.
The ranking Democrat on the Committee on House Administration raised concerns Monday that unqualified law students at George Washington University could be "exploited" in the GOP’s lawsuit against the Obama administration over delay of the Affordable Care Act’s employer mandate.
Honigman Miller Schwartz & Cohn LLP told a Michigan federal court Friday that Blue Cross Blue Shield of Michigan’s bid to get the firm booted from antitrust litigation against the insurer is “completely baseless” and denied that its loyalties are divided between clients with adverse claims.
UnitedHealth Group Inc.'s arbitration policy barring class claims is unenforceable because it violates federal labor law, a former UnitedHealth worker told the Second Circuit on Friday, arguing that the board's recent Murphy Oil decision “deepened and extended” its D.R. Horton analysis.
Walgreen Co. on Thursday urged a California federal court to toss a whistleblower’s suit accusing it of wrongly charging Medicare and Medicaid for unwanted prescription refills, saying he had not provided any evidence to back his allegations.
A Delaware bankruptcy judge gave Irish Bank Resolution Corp. the nod Friday to sell loans secured by equity in Ireland's Blackrock Clinic to a company owned by beef mogul Larry Goodman, rejecting opposition from a hospital shareholder and saying the evidence the sale was fair was “overwhelming.”
The Third Circuit was urged during oral arguments on Friday to find that a purported whistleblower’s work to uncover an alleged scheme by Express Scripts Inc. and other companies to overbill the federal government for prescription drugs gave him grounds to sue under the False Claims Act.
The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.
An administrative law judge on Wednesday shut down Tiversa Holding Corp.’s bid to discredit a former employee who is expected to poke holes in the Federal Trade Commission's data security assertions against LabMD Inc., saying it was improper for Tiversa to jump into the dispute.
The Connecticut Supreme Court's recent ruling in Byrne v. Avery Center for Obstetrics and Gynecology PC is likely to spawn similar lawsuits in the state and other jurisdictions because it provides a pathway to asserting state law negligence claims based on violations of the Health Insurance Portability and Accountability Act, say Seth Goldberg and Philip Lebowitz of Duane Morris LLP.
John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.
Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)
The U.S. Government Accountability Office's recently published annual report to Congress is a mixed bag — protests are up, sustained protests are down, but the overall effectiveness rate, where the agency grants some type of remedy or corrective action for a protestor, remains flat, says Derek Mullins of Sheppard Mullin Richter & Hampton LLP.
Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.
Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.
To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.
New York's recently enacted Emergency Medical Services and Surprise Bills law will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers regarding their health plan participation status and add new rules for health plans regarding networks and reimbursement for out-of-network services, says Jackie Selby of Epstein Becker & Green PC.
Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.