Health

  • July 30, 2014

    Plaintiffs Seek Consolidation Of 2 Fla. Gay Marriage Cases

    Plaintiffs who recently won challenges to Florida's same-sex marriage ban in parallel suits in Miami-Dade and Monroe counties are asking an appeals court to consolidate the cases and present the state's appeals to the Florida Supreme Court for immediate consideration.

  • July 30, 2014

    W.Va. Sues Feds Over ACA Policy Renewals

    West Virginia’s attorney general on Tuesday sued the U.S. Department of Health and Human Services in D.C. federal court for letting Americans keep insurance policies that would have been canceled under the Affordable Care Act, so long as their states allowed renewal, saying it impermissibly delegated a federal responsibility.

  • July 30, 2014

    Pa. Medical Suppliers Can't Duck Antitrust Class Action

    A Pennsylvania federal judge on Wednesday refused to entirely throw out a putative class action against medical supply companies Cardinal Health Inc. and Owens & Minor Inc., keeping alive antitrust injury claims but tossing allegations of conspiracy and unlawful monopolization.

  • July 30, 2014

    After Hobby Lobby, Business Revives Contraception Fight

    The Mennonite owners of a Pennsylvania furniture manufacturing company who unsuccessfully argued that the new federal mandate that they pay for contraceptive services violated their First Amendment rights asked a Pennsylvania federal court Wednesday to block the requirement, following the U.S. Supreme Court's Hobby Lobby decision.

  • July 29, 2014

    NJ High Court Cases Could Limit Whistleblower Protection

    New Jersey employees are protected under whistleblower laws that are among the broadest and most comprehensive in the country, but experts say that distinction could soon change depending on how the state Supreme Court decides two whistleblower cases.

  • July 29, 2014

    Fla. Appeals Court Reverses Ruling On Medicaid Lien Formula

    A Florida appeals court on Monday reversed a decision in favor of the Agency for Health Care Administration in a dispute over a Medicaid lien and said the federal anti-lien provision preempts a state statutory formula for asserting a lien against a tort recovery settlement.

  • July 29, 2014

    Texas Doubles Down On Same-Sex Marriage Fight In 5th Circ.

    Texas’ attorney general on Monday told the Fifth Circuit the state's ban on same-sex marriage doesn’t violate federal due process and equal rights protections, in a brief asking the appellate court to overturn a federal decision that found the law unconstitutional.

  • July 29, 2014

    Highmark, Allcare Spar Over High Court Fee-Shifting Cases

    After U.S. Supreme Court rulings made it easier for courts to award fees in meritless patent suits, the parties in one of the cases, Highmark Inc. and Allcare Health Management Systems Inc., sparred at the Federal Circuit on Monday over how the decisions should impact a fee award against Allcare.

  • July 29, 2014

    Suit Alleging Shareholder Caused ProxyMed Bankruptcy Is Cut

    A Delaware federal judge on Monday tossed one claim and left the other two intact in a suit alleging that the actions of private equity firm General Atlantic LLC and its managing director led to the bankruptcy of ProxyMed Inc., which provided information technology services to doctors, pharmacies and labs.

  • July 29, 2014

    FedEx Denies It Illegally Distributed Generic Valium, Xanax

    FedEx Corp. on Tuesday pled not guilty in California federal court to a 15-count criminal complaint accusing it of helping illegal online pharmacies ship generic versions of Valium, Xanax and other drugs, the first step in a legal defense with potentially enormous financial stakes.

  • July 29, 2014

    Calif. Justices Told Insurer Can Deny Eating Disorder Care

    Blue Shield of California has asked the California Supreme Court to overturn a decision in a proposed class action saying the insurer must pay for two women's residential treatment of eating disorders, arguing the treatment goes beyond state law requirements that insurers treat mental and physical ailments equally.

  • July 29, 2014

    Fla. Appeals Court Told Voided Clauses Nix Arbitration Pact

    The plaintiff in a wrongful death lawsuit against an assisted living facility told a Florida appeals court Tuesday that a trial court erred when it voided several provisions in an arbitration agreement but then severed those provisions and let the agreement stand.

  • July 29, 2014

    HHS Urges End To Suit Over Erratic Medicare Payments

    The U.S. Department of Health and Human Services pressed a D.C. federal court Monday to dismiss a lawsuit challenging Medicare's use of private contractors to restrict coverage, saying that a beneficiary who brought suit hasn't been harmed and that a trade group plaintiff hasn't exhausted administrative remedies.

  • July 28, 2014

    Fla. Cancer Victim's $16M Award Against LabCorp Slashed

    A Florida federal judge on Monday slashed a $15.8 million award to the family of a cancer victim against Laboratory Corp. of America to $4.4 million, saying the noneconomic damages awarded over a botched diagnosis in a Pap smear test were excessive.

  • July 28, 2014

    Jones Morris Sued For $6M Over Bungled Wrongful Death Case

    Jones Morris Klevenhagen LLP has been slapped with a $6 million malpractice suit in Texas state court, which accuses the law firm of bungling a wrongful death suit against a Houston hospital and several medical providers, causing the litigation to be dismissed.

  • July 28, 2014

    Express Scripts Asks High Court To Review Calif. Speech Law

    Express Scripts Inc. has asked the U.S. Supreme Court to review a federal appellate panel’s approval of a state law requiring drug claim processors to compile and transmit pharmacy fee information to clients, saying the law compels speech in violation of the First Amendment.

  • July 28, 2014

    9th Circ. Halts St. Luke's Doc Group Sale During Appeal

    The Ninth Circuit on Friday agreed to let St. Luke's Health System Ltd. hold on to Saltzer Medical Group PA while it appeals a ruling ordering it to divest the physician practice group because the acquisition violated antitrust law.

  • July 28, 2014

    Gay Marriage Plaintiffs Want Cases In Fla. Supreme Court

    A gay couple from Key West who won a decision overturning Florida's ban on same-sex marriage is seeking to take the state's appeal directly to the Florida Supreme Court, where it seems certain to be headed.

  • July 28, 2014

    McGuireWoods Beats Hospital's Suit Over Suspect LBO

    An Indiana federal judge on Friday cleared McGuireWoods LLP of helping insiders at Heartland Memorial Hospital LLC plunder the health care system's assets during a 2006 leveraged buyout that led to its bankruptcy, finding no impropriety in the underlying transaction.

  • July 27, 2014

    House Panel Won't Budge In Face Of SEC Subpoena

    A U.S. House of Representatives committee in New York federal court Friday stood its ground against a U.S. Securities and Exchange Commission subpoena for documents in connection with a health care insider trading probe, calling it a "fool's errand" with no legal backing.

Expert Analysis

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Not A Federal Question: ACA Fund Dispute Is For States

    Eric G. Pearson

    The Seventh Circuit In Hartland Lakeside Joint No. 3 School District v. WEA Insurance Corp. remanded to state court a dispute over the distribution of funds from the Affordable Care Act for failure to present a federal question under Grable, which regrettably did not create the sort of bright-line rule that often does and should govern issues of federal jurisdiction, says Eric Pearson of Foley & Lardner LLP.

  • Classic Issues Face Cutting-Edge Neurofeedback Practices

    Michael H. Cohen

    The International Society for Neurofeedback and Research's discussion of neurofeedback principles raises licensing and scope-of-practice issues for this cutting-edge modality. In general though, when a practitioner makes claims that a given modality treats disease or a mental health condition then it is considered a practice of medicine, says Michael Cohen of the Michael H. Cohen Law Group.

  • EU Rule Sets Higher Standard For Medical Devices

    Lucas Bergkamp

    While the RoHS-1 Directive did not apply to medical devices, the RoHS-2 Directive does, implying that manufacturers intended for the EU market have to assess and document whether their products comply with the latest directive’s chemical restrictions, say Lucas Bergkamp and Nicholas Herbatschek of Hunton & Williams LLP.

  • VNA V. Jupiter Reflects Dramatic Shift By Fla. Courts

    Donald J. Hayden

    In Visiting Nurse Association of Florida Inc. v. Jupiter Medical Center, the Florida Supreme Court entered a unanimous decision that falls in line with a growing trend providing further certainty in using arbitration as a speedy and cost-effective vehicle for resolving commercial disputes, say attorneys with Berger Singerman LLP.

  • Tips For Recovery Under Mandatory Victims Restitution Act

    Paul Monnin

    The Mandatory Victims Restitution Act is a valuable tool to recover the expenses of a costly, yet necessary, internal investigation into a former employee’s criminal wrongdoing. Anticipate and plan for a necessity showing under the MVRA as a potential criminal matter is being investigated and after government cooperation has commenced, say Paul Monnin and Zachary LeVasseur of DLA Piper LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.