• March 27, 2015

    3rd Circ. Should Uphold Horizon Settlement, Attys Say

    Horizon Blue Cross Blue Shield of New Jersey and counsel for a class of health care service providers have urged the Third Circuit to preserve a class action settlement resolving claims over unpaid reimbursements, saying the deal provides the best solution to the dispute, even for the objectors who appealed.

  • March 27, 2015

    Fizer Beck Says It's Not To Blame For $2M Arbitration Award

    Fizer Beck Webster Bentley & Scroggins PC said Friday it was not negligent in a series of legal proceedings that cost a medical staffing company more than $2 million, arguing that as many as six other entities had an opportunity to review and correct a partnership agreement the company called "seriously deficient."

  • March 27, 2015

    2nd Circ. Says NY Health Law Not Preempted By ERISA, NLRA

    The Second Circuit on Friday affirmed a lower court ruling that said a section of the New York Public Health Law is not preempted by either the National Labor Relations Act or the Employee Retirement Income Security Act, finding plaintiffs’ arguments to be without merit.

  • March 27, 2015

    Aetna Rebuffs Judge-Shopping Claim In $120M Kickbacks Suit

    Aetna Life Insurance Co. on Thursday told a Texas federal judge a Houston-area doctor-owned hospital is “flat wrong” in claiming the insurer is judge-shopping in a $120 million lawsuit over alleged kickbacks and exorbitant billing.

  • March 27, 2015

    Hospice Loses Constitutional Fight Over Medicare Discharges

    An Arkansas federal judge on Thursday shot down a hospice chain’s constitutional challenge to Medicare’s requirement that it serve certain patients without getting more money, finding that the company can exit the program if it’s dissatisfied.

  • March 27, 2015

    Medical Products Distributor HSI Protests $68M Tax Bill

    Medical and dental products distributor Henry Schein Inc. has urged the U.S. Tax Court to overturn $67.8 million in back taxes and penalties it was ordered to pay by the Internal Revenue Service, telling the court the IRS had mischaracterized or miscalculated legitimate claims.

  • March 27, 2015

    Walgreen To Pay $11M To End Prescription Robocall Suit

    Walgreen Co. has agreed to pay $11 million to end a class suit accusing it of violating the Telephone Consumer Protection Act by placing robocalls to customers' cellphones with prerecorded prescription reminder messages, according to documents filed Thursday in Illinois federal court.

  • March 26, 2015

    Premera Blue Cross Sued Over Massive Data Breach

    Premera Blue Cross, one of the largest health insurers in the Pacific Northwest, was hit with a proposed class action Thursday in Washington federal court accusing it of negligence after a data breach potentially exposed the personal data of 11 million customers.

  • March 26, 2015

    Aetna Escapes Investor's Disclosure Suit

    A New York federal Judge on Thursday dismissed a lawsuit seeking multiple injunctions over Aetna Inc.’s alleged failure to fully and accurately disclose its political spending, ruling that the plaintiff didn’t adequately plead to the standards needed for injunctive relief.

  • March 26, 2015

    7th Circ. Stands By 2 Convictions In Bribery Scheme

    The Seventh Circuit on Thursday upheld the convictions of a former Chicago alderman and an ex-employee of a pharmacy benefit management company over a bribery conspiracy to obtain a government contract, finding the size and nature of the contract merited the federal bribery charges.

  • March 26, 2015

    Texas Justices Urged To Rehear Med Mal Arbitration Row

    The Texas Association of Defense Counsel on Wednesday filed an amicus brief to the Texas Supreme Court in support of a deceased nursing home patient's family, asking the high court to reconsider its decision that a state medical malpractice law isn’t an insurance law that would be shielded from the Federal Arbitration Act.

  • March 26, 2015

    LabMD Fights FTC Bid For New Exhibits In Data Security Row

    LabMD Inc. has blasted the Federal Trade Commission's conduct in its data security fight with the former medical testing firm, saying the agency should be barred from introducing new proposed exhibits containing information from Tiversa Holding Corp. since it previously failed to secure the information under a 2013 subpoena.

  • March 25, 2015

    FedEx Tries To Buck Charges Of Drug Shipping Conspiracy

    FedEx Corp. on Wednesday urged a California federal judge to kick an indictment accusing it of helping illegal online pharmacies ship generic versions of Valium, Xanax and other drugs, arguing it was shielded from trafficking and conspiracy charges because it was a common carrier.

  • March 25, 2015

    NJ Medical Centers Dodge Charity Hospital's Antitrust Suit

    A federal judge in New Jersey dismissed an antitrust suit brought by charity hospital Deborah Heart and Lung Center against two other medical centers, ruling Deborah failed to prove allegations the defendants tried to edge the hospital out of the market for cardiac patients.

  • March 25, 2015

    11th Circ. Urged To Nix 20-Year Medicare Fraud Sentence

    The owner of a Miami home health care company asked the Eleventh Circuit to overturn her conviction and 235-month prison sentence for running a $7 million Medicare fraud scheme, arguing Wednesday that she was prevented from presenting evidence to defend herself.

  • March 25, 2015

    Travelers Must Defend Home Health Co. In Fraud Arbitration

    A California federal judge ruled Tuesday that Travelers Casualty Insurance Co. must defend a home health care company in an arbitration action alleging it fraudulently used a franchisor's advertising materials, finding that the underlying allegations potentially include an advertising injury covered under the insurance policy.

  • March 25, 2015

    Firm Escapes Revival Of FCA Suit Over LSU Hospital Deal

    Roedel Parsons Koch Blache Balhoff & McCollister on Wednesday avoided the potential resurrection of a False Claims Act suit accusing the firm of inflating its billings on a federal hospital project after the Fifth Circuit booted the case for lack of prosecution.

  • March 25, 2015

    Atty Sanctioned $1M Pushes Pa. Judge To Nix Penalty

    A Pennsylvania state judge was urged on Monday that the emergence of new evidence required that he nix a $1 million sanction he slapped on a Philadelphia-based defense attorney after an expert witness offered forbidden testimony in a medical malpractice case in 2012.

  • March 25, 2015

    Whistleblower Fights Omnicare Sanction Request In FCA Suit

    A whistleblower in a False Claims Act suit over an alleged kickback scheme urged a Texas federal judge on Tuesday to deny Omnicare Inc.’s request for sanctions, among a slew of briefs filed in an ongoing discovery battle.

  • March 25, 2015

    CVS Pharmacists File Age Bias Suits Over Metrics System

    Four former and current CVS Health Corp. pharmacists have filed age discrimination lawsuits in South Carolina federal court, accusing the company of implementing a metric-based system that weeded out older workers and allegedly caused pharmacists to make errors in filling patient prescriptions.

Expert Analysis

  • Whistleblower Policies Could Create Contractual Rights

    Matthew S. Stiff

    After Leyden v. American Accreditation Healthcare Commission, employers might begin to reconsider their longtime affection for internal policies that profess a company’s commitment to protecting whistleblowers from retaliation, say Matthew Stiff and Debra Katz of Katz Marshall & Banks LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • 5 Key Privacy Considerations For All Companies

    Adam Solander

    Privacy and security are closely intertwined, but securing information from outside intrusion may not provide the privacy protections you need, say Adam Solander and Patricia Wagner of Epstein Becker & Green PC.

  • What Investors Can Learn From States' Health Initiatives

    Geoff C. Cockrell

    The Centers for Medicare and Medicaid Services’ Innovation Center has granted states more than $960 million for health care systems and delivery development through its State Innovation Models Initiative. A health care funding program of this magnitude provides private investors with valuable information and cues for future investment, say attorneys with McGuireWoods LLP.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • Another Reason To Be Careful With Med. Records Subpoenas

    Susan Huntington

    The Connecticut Supreme Court's decision in Byrne v. Avery Center is getting a lot of attention for allowing state negligence claims based on noncompliance with Health Insurance Portability and Accountability Act standards. For health information management professionals, however, the case underscores the need to resist releasing clinical information merely on the basis of a subpoena or at the insistence of an attorney, says Susan ... (continued)

  • IRS Gives Good Directions On ACA Cadillac Tax

    Sarah L. Fowles

    An employer can use the Internal Revenue Services' recent notice on the Affordable Care Act's so-called Cadillac tax to approximate the cost of coverage for employees. Since the cost will likely vary by employee, employers may want to estimate costs under a range of coverage scenarios, say attorneys at Quarles & Brady LLP.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.