• May 1, 2015

    Judge Wants Briefing On FCRA Standing In Data Breach Row

    An Alabama federal judge on Friday directed Flowers Hospital and a putative class of patients suing the facility over a data breach to elaborate on their dispute over whether the Fair Credit Reporting Act allows plaintiffs to maintain claims without proving actual injury.

  • May 1, 2015

    High Court's Armstrong Ruling Doesn't Kill Fla. Medicaid Suit

    A Florida federal judge agreed Thursday with plaintiff pediatric advocacy groups in a case challenging the state’s the treatment of children under its Medicaid program, saying only one of their four claims needs to be dismissed in light of the U.S. Supreme Court’s recent decision in Armstrong v. Exceptional Child Center Inc.

  • May 1, 2015

    High Court Told To Block Clinic From Suing Health Plans

    UnitedHealth Group Inc. has urged the U.S. Supreme Court to toss Spinedex Physical Therapy USA Inc.'s proposed class action accusing it of violating federal labor law by denying payment on patients' claims, according to a filing made public Friday.

  • May 1, 2015

    St. Luke's Rivals To Get Attys' Fees In Merger Fight

    An Idaho federal judge ruled Wednesday that two private hospitals that won their antitrust suit challenging St. Luke's Health System Ltd.’s acquisition of a major physician practice group are entitled to attorneys’ fees, but how much they’ll actually get will be determined later.

  • May 1, 2015

    Fla. Justices Say House Broke Rules, But It's Too Late To Fix

    The Florida Legislature's war over the budget and Medicaid expansion will be decided outside of the regular session, as the Florida Supreme Court ruled Friday that there was not enough time to order the House to reconvene, despite a majority finding the lower chamber's early exit was unconstitutional.

  • May 1, 2015

    Texas High Court Cracks Down On Health Care Liability Claims

    The Texas Supreme Court set a new standard Friday for determining whether challenges to hospital safety standards should be considered health care liability claims, in an opinion reviving a slip-and-fall suit against Houston’s St. Luke’s Episcopal Hospital.

  • May 1, 2015

    Calif. Appeals Court Backs Anti-SLAPP Ruling In Drs. Spat

    A California appeals court on Thursday upheld several anti-SLAPP motions against a doctor who claims he was wrongly fired from a hospital and a neurosurgeon's practice and denied $3 million in compensation, agreeing his claims were meritless.

  • May 1, 2015

    Omnicare Wants To Boot One Relator From FCA Kickback Suit

    Omnicare Inc. asked a Virginia federal judge to dismiss entirely one whistleblower’s False Claims Act suit against the company, saying Friday he was the second to file with the same facts and doesn’t make specific allegations.

  • April 30, 2015

    3rd Circ. Pans NLRB's Analysis Of Withheld Benefits Claim

    In a precedential ruling on unfair labor practices, a Third Circuit panel on Wednesday suggested the National Labor Relations Board failed to examine a New Jersey health care facility’s motives, as dictated by case law, when it determined that the employer improperly withheld benefits from workers mulling unionization.

  • April 30, 2015

    Fla. Senate Dems Ask Court To Order House To Reconvene

    A group of Democratic state senators petitioned the Florida Supreme Court on Thursday to order the state House of Representatives back to work, saying the lower chamber violated the Florida Constitution by cutting short its session three days early over disagreements on the budget and health care expansion.

  • April 30, 2015

    Lloyd's Off Hook For Huron's $2.7M Whistleblower Suit Costs

    A New York appeals court on Thursday freed Underwriters at Lloyd's of London from paying Huron Consulting Group Inc.'s $2.7 million defense tab from a whistleblower suit tied to alleged overbilling by St. Vincent's Hospital, saying an exclusion for government suits applies even though the government didn't intervene in the underlying action.

  • April 30, 2015

    Whistleblowers Get New Ammo On FCA Extrapolation

    A Florida federal judge has endorsed a whistleblower’s use of extrapolation in False Claims Act litigation against nursing homes to prove potentially vast liability based on a small billing sample, the latest setback for defense counsel seeking to curtail the tactic.

  • April 30, 2015

    Doc Gets 5 Years For Role In $67M Medicare Fraud Scheme

    A Florida federal judge on Thursday sentenced a psychiatrist to five years in prison for his role in a Medicare fraud scheme operated out of a South Florida-area psychiatric hospital that involved paying kickbacks for patients and submitting more than $67 million in fraudulent claims.

  • April 30, 2015

    UnitedHealth Unit Cites Evidence Against $12M IP Verdict

    UnitedHealth Group Inc. unit OptumInsight Inc. begged a California federal court Wednesday to either grant it judgment in its favor or a new trial following a $12.3 million jury verdict awarded to Cave Consulting Group for Optum’s alleged infringement of its doctor efficiency measurement patent.

  • April 30, 2015

    Partners From Chicago Health Care Firm Decamp For Roetzel

    Roetzel & Andress LPA has snagged seven partners and four attorneys from Kamensky Rubinstein Hochman & Delott LLP for a major expansion of its Chicago-area health care law practice, the firm said Thursday.

  • April 30, 2015

    DQ Unnecessary For Leak In $630M Omnicare FCA Suit: Feds

    The U.S. government asked a Texas federal judge on Wednesday to reject Omnicare Inc.’s request to disqualify a whistleblower who disclosed sealed details of a $630 million False Claims Act case against the company, saying it was statutorily unnecessary.

  • April 30, 2015

    NY Justices Free Firm From Malpractice Suit For Hospital Row

    A New York appellate court on Monday reversed a lower court’s refusal to toss a legal malpractice row accusing Dell & Little LLP of botching a medical malpractice suit against North Shore University Hospital, saying the hospital would have won the suit, so the firm wasn’t negligent in voluntarily discontinuing it.

  • April 29, 2015

    6th Circ. Asked To Review $30M Blue Cross Settlement

    ADAC Automotive and more than two dozen other self-insured entities have turned to the Sixth Circuit in their fight against a $30 million settlement that resolves class action claims that Blue Cross Blue Shield of Michigan violated antitrust laws by using most favored nation clauses in its contracts, according to court papers filed Wednesday.

  • April 29, 2015

    Teladoc Seeks To Block Texas Board's Telemedicine Rule

    Telemedicine provider Teladoc Inc. launched an antitrust suit Wednesday in Texas federal court seeking to block the Texas Medical Board’s new requirement that doctors see patients in person before providing remote health care, a day after Teladoc filed initial public offering documents.

  • April 29, 2015

    NJ Man Slapped With 3 Years For Medicaid Fraud Scheme

    A New Jersey state judge sentenced a former home health care worker Wednesday to three years in prison for submitting over 400 false claims to the state’s Medicaid program, according to New Jersey Attorney General John J. Hoffman.

Expert Analysis

  • Keeping Clear Of ADA Accessible Route Claims

    Joshua A. Stein

    With the 25th anniversary of the Americans with Disabilities Act fast approaching, it's not surprising that regulatory and judicial developments continue to surge regarding accessibility obligations for places of public accommodation. Offering clarity in this area for almost all industries — from retail and hospitality to entertainment and health care — is the Ninth Circuit opinion in Chapman v. Pier 1 Imports Inc., says Joshua Ste... (continued)

  • FTC Is No Longer DOJ’s Little Brother In Antitrust Remedies

    Donald E. Lake III

    A Pennsylvania federal court's recent decision in Federal Trade Commission v. Cephalon Inc. and the Cardinal Health Inc. settlement indicate that the FTC now views its role as not only to prevent repeat antitrust violations through injunctive relief, but to more aggressively complement the U.S. Department of Justice and private plaintiffs for recovery of what it deems ill-gotten gains of anti-competitive behavior, say Donald Lake a... (continued)

  • Texas High Court Augurs Arbitration In Health Care

    David M. Walsh IV

    The Supreme Court of Texas recently upended the practice of health law by opening the door to binding arbitration clauses for health care liability claims. In Fredericksburg Care Company LP v. Juanita Perez, the court determined a state arbitration statute for medical malpractice cases was preempted by the Federal Arbitration Act, says David Walsh IV of Chamblee Ryan Kershaw & Anderson PC.

  • 4 Takeaways From The ABA Antitrust Spring Meeting

    Colin Kass

    As a deputy assistant director at the Federal Trade Commisision noted during one of the panels at the 63rd ABA Antitrust Section spring meeting, the FTC's investigations into nonmerger conduct typically are triggered by complaints from competitors, customers or suppliers. That means companies are not often aware that they are being investigated until it is too late, say attorneys with Proskauer Rose LLP.

  • CGL Policies In 4th Circ. May Cover Intentional Conduct

    Jennifer E. White

    The Fourth Circuit's ruling in Liberty Mutual Fire Insurance Co. v. JM Smith Corp. illustrates that, even when faced with allegations of intentional conduct, general liability insurance coverage still may be available where the true import of the allegations is failure to exercise reasonable care, say Michael Levine and Jennifer White of Hunton & Williams LLP.

  • Bankruptcy Courts Remain Closed For Marijuana Businesses

    John M. Spires

    The matter of Medpoint Management LLC highlights the risks and difficulties faced not only by marijuana businesses, but by their creditors too. Despite Medpoint’s income not directly arising from marijuana and the Cromnibus Act limiting prosecution of marijuana-related offenses, the court still dismissed Medpoint’s case, says John Spires of Dinsmore & Shohl LLP.

  • NLRB's Specialty Healthcare Test Comes To Acute Care

    Barry A. Guryan

    The National Labor Relations Board's refusal to order an election in a wall-to-wall unit at Rush University Medical Center seems inconsistent with its long-held view that acute care hospitals are entitled to a special protected status, says Barry Guryan of Epstein Becker & Green PC.

  • 9th Circ. Has Ensured Fewer Post-Employment Restrictions

    Katelyn Keegan

    The Ninth Circuit's opinion in Golden v. California Emergency Physicians Medical Group limits the scope of permissible restrictive covenants employers can include in employment contracts and settlement agreements and could void current agreements containing restrictive provisions beyond traditional noncompete clauses, says Katelyn Keegan of Schiff Hardin LLP.

  • Warming Up To EEOC Rules On Workplace Wellness Programs

    Timothy B. Collins

    The U.S. Equal Employment Opportunity Commission's recently proposed rules regarding wellness programs require employers to provide reasonable accommodations to enable individuals with disabilities to have equal access to fringe benefits and that any medical inquiries be job-related and consistent with business necessity, says Timothy Collins of Duane Morris LLP.

  • Tips For Guiding Your Client Through The Mediation Process

    Raphael Lapin

    With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.