Health

  • June 24, 2016

    Supreme Court Asked To Resolve Drug-Fraud RICO Split

    The U.S. Supreme Court has been urged to resolve a circuit split on whether a doctor's writing a prescription breaks the chain of causation between drugmakers like Sanofi Aventis US LLP and injured parties under the Racketeer Influenced and Corrupt Organizations Act.

  • June 24, 2016

    Stoel Rives Says Tri-Med Ponzi Row Must Stay Federal

    Stoel Rives LLP fought efforts to remand a Florida federal suit accusing the law firm of assisting with Tri-Med Corp.'s $17 million Ponzi scheme, arguing Thursday that removal from state court was proper under the Class Action Fairness Act.

  • June 24, 2016

    SEIU Bid For Vote On Hospital Execs' Pay Derailed By Judge

    A California state judge on Thursday confirmed an arbitration award blocking SEIU United Healthcare Workers West from sponsoring or otherwise promoting any ballot initiative seeking to limit hospital executive salary to $450,000 annually, saying the union couldn’t prove an arbitrator erred in the decision.

  • June 24, 2016

    Centene Inks $4.5M Deal In Nurse OT Row

    Centene Management Co. has reached a $4.5 million settlement with group of nurses who accused the health care company of failing to pay them millions of dollars in overtime, the parties told a Washington federal court on Thursday.

  • June 24, 2016

    Transgender Student Can Choose Bathroom, Judge Orders

    A Virginia federal judge on Thursday ordered a school board to allow a transgender male student to use the boys' bathroom, a decision that followed a Fourth Circuit ruling finding that federal law requires schools to let transgender students choose which bathroom to use.

  • June 24, 2016

    DOJ Claims 'Systematic' Fraud In Prime's Patient Admissions

    Prime Healthcare Services Inc., pretending to turn around struggling hospitals, ran a systematic scheme to defraud the federal government by forcing doctors to provide medically unnecessary services to maximize Medicare reimbursements, the U.S. Department of Justice told a California federal court on Thursday.

  • June 24, 2016

    CVS' MinuteClinic Wants Out Of Autodialing Class Action

    CVS Pharmacy Inc.’s in-store service MinuteClinic LLC should be dropped from a proposed class action over alleged unsolicited autodialing, the companies argued Thursday, saying an Illinois federal court doesn’t have jurisdiction because the consumer who claims the clinic called him wasn’t in the state at the time.

  • June 23, 2016

    Fla. Hospitals Say County Reimbursement Law Should Stand

    Two private hospitals in Sarasota County, Florida, told the Florida Supreme Court Wednesday that a 1959 special act of the state Legislature requiring the county to reimburse both private and public hospitals for indigent care is constitutional because it doesn't grant private hospitals any advantage over their public counterparts.

  • June 23, 2016

    Calif. Hospital Can't Nix Nurses' Sex Harassment Suit

    A California hospital is still on the hook in a suit brought by two nurses accusing it creating a hostile work environment that forced them to resign in retaliation for participating in a sexual harassment investigation brought by another co worker, a California federal judge ruled Thursday.

  • June 23, 2016

    With Experts Barred, Bayer Says IUD Patients Have No Case

    The maker of the Mirena IUD, which is facing 1,200 lawsuits over uterine-wall punctures, renewed its fight for a quick win Wednesday, telling a judge the plaintiffs have no case without the expert witnesses who were recently barred.

  • June 22, 2016

    Medical Malpractice Depo Order Goes Too Far, Fla. Court Says

    A Florida appeals court ruled Wednesday that parts of an order compelling a medical malpractice plaintiff to answer a Miami hospital's deposition questions about when and which attorneys she consulted are allowable, but its clearance for questions about why she sought their counsel infringes upon attorney-client privilege.

  • June 22, 2016

    Hospice Dodges Bulk Of FCA Suit Due To Lack Of Evidence

    A Texas federal judge has thrown out the majority of a whistleblower’s False Claims Act suit against Vista Hospice Care Inc., concluding the whistleblower failed to provide any evidence of a scheme to bring in Medicare beneficiaries before they were eligible for hospice care and leaving only retaliation claims.

  • June 22, 2016

    Ill. Hospitals Request Expiration Date On Merger Injunction

    Two Chicago hospitals whose proposed merger is being fought by the Federal Trade Commission and the state on Tuesday asked a district court to narrow an injunction blocking the merger to limit its duration to one specific appeal by the government to the Seventh Circuit.

  • June 22, 2016

    Fed. Circ. Axes 2nd Challenge To VA Claims Form Rule

    The Federal Circuit deferred Wednesday to a prior ruling that veterans groups cannot successfully challenge U.S. Department of Veterans Affairs regulations requiring that all compensation claims and administrative appeals to the agency be filed on standard VA forms first.

  • June 22, 2016

    Defense Class Tossed From Fla. Medical Records Class Action

    A Florida appeals court on Wednesday affirmed certification of a plaintiffs class in a patients' suit claiming several health care providers charged their attorneys excessive fees to fulfill medical records requests, but it decertified a defendants class and quashed an order denying a stay of the case.

  • June 21, 2016

    Texas Medical Board Claims Immunity From Telemedicine Suit

    The Texas Medical Board has told the Fifth Circuit that it should bar a telemedicine company's antitrust challenge of a state rule that requires physicians to see patients face to face before providing remote care because the U.S. Supreme Court has held that federal laws shouldn't interfere with a state acting as a "sovereign regulator."

  • June 21, 2016

    FTC Settles Suit Over Misleading 'Doctor Trusted' Seals

    Doctor Trusted, a website that certifies that a doctor has reviewed health care products and services sold online, has agreed to pay the Federal Trade Commission $35,000 to settle claims that its seals of approval lacked medical backing, according to an order signed Tuesday.

  • June 21, 2016

    Quest Diagnostics' $2.4M Blood Techs OT Row Deal Gets Nod

    A California federal judge on Tuesday gave preliminary approval to Quest Diagnostics Clinical Laboratories' $2.35 million deal with a settlement class of 2,600 phlebotomists who claimed that, due to understaffing, blood technicians were forced to work unpaid overtime and without legally required breaks.

  • June 21, 2016

    NY Wholesaler Hits Allergan, Others With Antitrust Suit

    Allergan PLC, Impax Laboratories Inc., Mylan Inc. and other generics makers have violated antitrust laws by illegally collaborated to jack up drug prices for essential medications, a New York-based drug wholesaler said in a putative class action filed Monday in Pennsylvania federal court.

  • June 21, 2016

    Horizon To Pay Chiropractors $33M In ERISA Settlement

    A New Jersey federal judge on Monday preliminarily signed off on a $33 million class action settlement between Horizon Blue Cross Blue Shield of New Jersey and chiropractors to end claims that the insurer improperly denied insurance benefit claims for chiropractic treatments in violation of the Employee Retirement Income Security Act.

Expert Analysis

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • A New Precedent For Physician Restrictive Covenants In NY

    Thomas A. Telesca

    A recent decision from the New York Supreme Court concerning the enforceability of a physician's restrictive covenant reflects continued changes taking place in the health care field and indicates that attorneys representing individual physicians and medical practices in New York will have to take more care in drafting such contracts, says Thomas Telesca at Ruskin Moscou Faltischek PC.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Escobar Was A Clear Defeat For FCA Defendants

    R. Scott Oswald

    Last week’s decision by the U.S. Supreme Court in Escobar was — the spin of defense attorneys notwithstanding — an unvarnished victory for government prosecutors, taxpayers and the qui tam relators who file lawsuits on their behalf under the venerable False Claims Act. The 8-0 opinion clarified three key points of law, all in favor of those who battle dishonest contractors, says R. Scott Oswald of The Employment Law Group PC.

  • Health Republic’s Curious Liquidation: Part 2

    James Veach

    Committees of policyholders and medical providers would bring light and energy into the Health Republic bankruptcy and help New Yorkers avoid having to suffer a second Health Republic debacle, this one during its liquidation, says James Veach at Mound Cotton Wollan & Greengrass LLP.

  • 'Taking My Talents To South Beach': Law Firm Version

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    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Your 401(k) Plan: A Ticking Time Bomb Of Liability?

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    No one understands the concept and obligations of “fiduciary duty” better than legal professionals — and yet, many law firm partners and principals may be overlooking a significant source of liability in their practices, says Tom Zgainer, CEO and founder of America’s Best 401k.

  • Health Republic’s Curious Liquidation: Part 1

    James Veach

    Health Republic Insurance of New York, New York’s only Affordable Care Act nonprofit health insurer, has finally been placed in liquidation — but the liquidation process has been particularly unusual, says James Veach at Mound Cotton Wollan & Greengrass LLP.

  • High Court Boosts Veterans Contracts In Kingdomware

    Jeffrey Belkin

    The U.S. Supreme Court's decision in Kingdomware not only resolved the substantive statutory issue at hand, but also announced holdings that will have far-reaching implications for government protests and contract disputes with the government in the future, say Jeffrey Belkin and Breana Ware of Alston & Bird LLP.

  • Not Guilty, Again: Individual Corporate Liability After Reichel

    Gary Giampetruzzi

    While this acquittal is a notable loss for the government, and not its first against individual pharmaceutical defendants, history has shown the DOJ will continue to prosecute cases of individual wrongdoing, especially in this post-Yates era. But the question may now become whether the government will demand even more breadth and depth of cooperation from companies, say attorneys with Paul Hastings LLP.