Health

  • September 19, 2014

    7th Circ. Says Doctor Group Lacks Standing In ACA Tax Suit

    The Seventh Circuit on Friday affirmed a lower court's ruling to toss the Association of Physician and Surgeons' challenge to the Internal Revenue Service decision to implement the Affordable Care Act's individual mandate tax without the employer mandate this year, blasting the group for its expansive and unsuccessful standing argument.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    Gov't Says Doctors Group Misrepresents FCA Allegations

    The federal government on Thursday hit back at IPC The Hospitalist Co. Inc.’s attempt to escape a whistleblower suit accusing the company of overbilling Medicare and Medicaid, telling an Illinois federal court that IPC had misrepresented its complaint in a bid to dismiss the case.

  • September 18, 2014

    W.Va. Seeks Quick Win In ACA Policy Renewal Suit

    West Virginia on Wednesday asked a D.C. federal judge to grant summary judgment in its lawsuit challenging the Obama administration for allowing renewals of insurance policies that should have been canceled under the Affordable Care Act, calling the move unlawful.

  • September 17, 2014

    Oracle Adds IP Claim Against Oregon In Health Exchange Row

    Oracle America Inc., which recently hit the state of Oregon with a breach of contract suit for allegedly continuing to use software developed by Oracle for the state’s Affordable Care Act exchange despite never having paid approximately $23 million in fees, has added a copyright claim to the suit.

  • September 17, 2014

    Reckitt Says Suboxone 'Product-Hopping' Didn't Harm Buyers

    Reckitt Benckiser Group PLC's move to discontinue Suboxone tablets, in lieu of a new dissolving-film version of the opiate addiction treatment, presented no antitrust injury for classes of purchasers who claim they were denied generic alternatives, a Pennsylvania federal judge heard Wednesday.

  • September 17, 2014

    AHA Can't Sue Over Rejected Inpatient Payments: Judge

    In a significant win for the Obama administration, a D.C. federal judge on Wednesday wiped out an American Hospital Association lawsuit related to hundreds of millions of dollars in rejected claims for inpatient reimbursement, finding that judicial review is not permitted.

  • September 16, 2014

    Chancery Won't Nix Claims Over $3B Jefferies Leucadia Deal

    A Delaware Chancery judge declined Tuesday to dismiss the investor lawsuit challenging the nearly $3 billion stock swap between Leucadia National Corp. and Jefferies Group Inc., which created a $9 billion conglomerate with real estate, health care and other holdings, saying he needed an evidentiary record before deciding.

  • September 16, 2014

    Del. AG Again Shut Out Of Fla. Hospital Trust Row

    A Florida appeals court Tuesday denied Delaware Attorney General Beau Biden's motion to rehear its July 16 decision rejecting his attempt to intervene in the 2004 reorganization of the trust that funds The Nemours Foundation, saying Biden failed to show the trial court abused its discretion.

  • September 16, 2014

    NJ AG Wants Doc In Insurer Outsourcing Case Sanctioned

    New Jersey's attorney general moved Tuesday to sanction a doctor who brought suit alleging the state is unlawfully handing insurance fraud investigations off to insurers, saying the suit is frivolous and merely an attempt by the doctor to halt investigations into his wrongdoing.

  • September 16, 2014

    Fla. Medical Marijuana Plan Faces Challenge From Nursery

    One of Florida's leading plant growers on Monday formally challenged the state Department of Health's proposed rules for selecting official medical marijuana dispensers, saying several provisions, including a lottery to choose among qualified applicants, do not comply with the law passed earlier this year.

  • September 16, 2014

    Judge Recused From Noncompete Row After Bias Accusations

    A Dallas County judge on Monday was recused from a noncompete dispute involving a health care staffing firm, weeks before the case was set to start trial, after the firm alleged he was biased by both campaign contributions from the defendants’ lawyer and an acrimonious relationship with a firm hired to aid the plaintiffs.

  • September 15, 2014

    7th Circ. Puts Indiana Same-Sex Marriage Ruling On Hold

    The Seventh Circuit granted Indiana's attorney general a stay on Monday that blocked its ruling invalidating the state's ban on same-sex marriage from taking effect until the U.S. Supreme Court takes action on the state's petition to have the appeals court ruling overturned. 

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Fla. AG Moves To Join 4 Gay Marriage Suits To Cut Confusion

    Florida Attorney General Pam Bondi moved to intervene Friday in four cases challenging the state's ban on same-sex marriage, saying her office's clear involvement is needed to promote an “orderly and consistent resolution” to the common issue running through them.

  • September 15, 2014

    Epstein Becker Seeks Toss Of Oncologist's Malpractice Suit

    Epstein Becker & Green PC has asked a Texas state court to throw out a malpractice suit brought by a Houston oncologist who says the firm should not have released a document that was used by the former general counsel of his clinic in employment litigation.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    ACE Won't Pay Amerisource's Attys' Fees After Pa. Appeal

    The Pennsylvania Superior Court on Monday upheld a decision finding that ACE American Insurance Co. is not on the hook to reimburse AmerisourceBergen Corp. for attorneys' fees and related costs in defending a False Claims Act suit that led to a $15 million settlement.

  • September 15, 2014

    Walgreen Blasts 'Chutzpah' Of Attys' Fee Bid In Pfizer MDL

    Walgreen Co. urged a New Jersey federal court Friday to deny class counsel a cut of the fees from Walgreen's antitrust settlement with Pfizer Inc. over its epilepsy treatment Neurontin, saying class counsel in the multidistrict litigation actively worked against Walgreen after it opted out of the class.

  • September 12, 2014

    States Ask High Court To Overturn 7th Circ. Marriage Ruling

    Indiana and Wisconsin have asked the U.S. Supreme Court to review the Seventh Circuit’s recent decision overturning the states’ bans on same-sex marriage, arguing the cases provide ideal sets of facts to support a broader ruling on the historic issue by the high court.

Expert Analysis

  • Breaking Down California’s New Sick Pay Law

    James P. Baker

    The fourth time was the charm. In three prior years, California legislative committees have tried to pass a statewide sick leave bill. This year, on Sept. 10, the Legislature was finally successful. Employers with California employees need to take a magnifying glass to their policies, say attorneys at Baker & McKenzie.

  • Criminal Division Wants In On FCA Whistleblower Complaints

    Christopher Wray

    Now that an early criminal review by the U.S. Department of Justice will be standard operating procedure in every whistleblower matter — in addition to potentially concurrent review by criminal assistant U.S. attorneys in the district where the qui tam action is filed — False Claims Act defendants may face a greater threat of prosecution, say attorneys with King & Spalding LLP.

  • TAA Case Is Study On Contractors' FCA Vulnerability

    Donna Lee Yesner

    Cox v. Smith & Nephew Inc. highlights the vulnerability of medical device manufacturers that source products from nondesignated countries under the Trade Agreements Act to potential False Claims Act liability and the need for diligence in ascertaining the country of origin for goods under government contract, say Donna Yesner and Stephen Ruscus of Morgan Lewis & Bockius LLP.

  • The State Of America's Home Health Care Workers In 2014

    Joseph A. Carello

    The U.S. Department of Labor's narrowing of Fair Labor Standards Act exemptions for home health care workers will likely have a significant economic impact not only on home care agencies and their workers, but also on consumers and government agencies at the local, state and federal levels that provide funding for home care work, says Joseph Carello of Nixon Peabody LLP.

  • When Does An Insurance Co. Waive Atty-Client Privilege?

    Joan M. Cotkin

    A policyholder’s counsel might consider sending discovery requests inquiring whether the insurer-defendant claims to have acted legally at all relevant times, which we suspect the insurer-defendant is likely to respond in the affirmative — if it does so, will it have waived the privilege? asks Joan Cotkin of Nossaman LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.