• July 31, 2015

    Polsinelli Beefs Up In Dallas With Real Estate, Health Pros

    Polsinelli PC said Thursday it has added five lawyers to its real estate finance and health care litigation practices in Dallas, capping off a month that included a move to six floors of new office space.

  • July 31, 2015

    Whistleblower Points To Texas Rulings In Omnicare FCA Suit

    A whistleblower in a long-running $630 million False Claims Act suit against Omnicare Inc. on Thursday submitted two Texas federal decisions regarding Medicaid certification for the court to consider while deciding whether summary judgment should be granted.

  • July 31, 2015

    Medical Informatics Sued Over Data Breach Affecting 4M

    A proposed class action filed in Indiana federal court has accused Medical Informatics Engineering Inc. of ignoring warning signs that its security systems were inadequate to prevent a recently disclosed data breach exposing medical information and other data on nearly 4 million Americans.

  • July 31, 2015

    Clinic Covered For Post-Tornado Repairs, 8th Circ. Affirms

    Cincinnati Insurance Co. must cover a Missouri medical center's costs to repair medical machinery and replace specialty equipment after a devastating tornado in 2011, the Eighth Circuit affirmed Friday, holding that all those costs fall under the Cincinnati policy's extra expense provision.

  • July 31, 2015

    Medicare Does Not Cover Lab's Cancer Test, Judge Rules

    An Indiana federal judge on Thursday rejected the challenge of a medical test company to a U.S. Department of Health and Human Services decision denying Medicare coverage for its product that confirms the identity of biopsy patients with DNA.

  • July 31, 2015

    3rd Circ. Urged To Revive $26M Healthfirst Repayment Suit

    A New Jersey hospital urged the Third Circuit on Thursday to reverse the dismissal of its suit against health care provider Healthfirst Inc. seeking $26.3 million in unpaid government-assisted medical claims, arguing that the federal court shouldn’t have had jurisdiction and it incorrectly interpreted a state health care law.

  • July 31, 2015

    Aetna Says Sanction On Uncooperative Hospital Justified

    Aetna Life Insurance Co. on Thursday told a Texas federal judge to reject a motion by a surgical hospital to stay an order publicizing its “restricted” and “attorneys only” documents, saying the order was an appropriate sanction following years of misconduct in a case accusing the hospital of reaping millions of dollars by enticing patients to use its out-of-network services and charging excessive fees.

  • July 31, 2015

    Anti-Abortion Group's Video Sting Called A Dangerous Fraud

    The National Abortion Federation hit back at anti-abortion activists Friday, telling a California federal court that they committed fraud and endangered its staff by furtively videotaping and releasing footage of its confidential meetings.

  • July 31, 2015

    Pa. Justices Urged To Force UPMC To Honor Medicare Deals

    Pennsylvania’s highest court was urged on Thursday to uphold a decision finding that a state-brokered agreement aimed at protecting senior citizens from the ongoing feud between the University of Pittsburgh Medical Center and Highmark Inc. required UPMC to continue honoring Medicare Advantage contacts with the insurer.

  • July 31, 2015

    Xerox Wins Suit Over Navy Office's Early Contract Termination

    The U.S. Civilian Board of Contract Appeals ruled Thursday a U.S. Navy medical office must pay Xerox Corp. early termination charges on an equipment rental contract, saying it did not meet the conditions for a fee-free opt-out in the agreement with the company.

  • July 30, 2015

    CVS Charges Insured Buyers More For Generics, Suit Claims

    A putative class of customers accused CVS Health Corp. of running a scheme to overcharge insurance-using customers for generic drugs they sell to other customers for less than the cost of co-pays, according to a suit filed in California federal court Thursday.

  • July 30, 2015

    Garfunkel Wild Must Face Malpractice Suit, NY Court Says

    A New York appeals court Wednesday revived legal malpractice allegations against Garfunkel Wild PC, finding it possible that the firm flouted an attorney-client relationship by taking sides in a nursing home joint venture that turned ugly.

  • July 29, 2015

    EEOC Sues Assisted Living Co. For Discriminatory Exams

    A Colorado assisted living company is facing a suit by the U.S. Equal Employment Opportunity Commission claiming it illegally fired African-born care providers who failed a discriminatory written test, as well as a white employee who stood up against her boss’s anti-African bias.

  • July 29, 2015

    Ex-Chicago Hospital Owner Gets 4.5 Years For Kickback Scam

    The former owner and chief executive of Chicago’s Sacred Heart Hospital was sentenced Wednesday to 4.5 years in prison for defrauding federal health care programs through an elaborate kickback scheme in which doctors were paid to refer patients to the for-profit hospital.

  • July 29, 2015

    5th Circ. Backs Hospital Staffer's ERISA Suit

    The Fifth Circuit on Wednesday ordered a Texas hospital to cover a former employee’s treatment for bulimia, depression and other mental health problems, reversing a district judge after finding no proof that the nurse needed prior authorization for care.

  • July 29, 2015

    Canadian Medical Marijuana Users Win Cert. Over Mailing

    The Federal Court of Canada granted class certification to a group of medical marijuana users who claim a mass mailing by Health Canada marked with a return address of a medical marijuana program violated their privacy by outing them as program participants.

  • July 29, 2015

    Whistleblower To Take CVS Kickback Suit To 7th Circ.

    A whistleblower accusing CVS Caremark Corp. of violating the Anti-Kickback Statute with $5 coupons handed out as part of a prescription rewards program that included Medicare and Medicaid enrollees is taking his case to the Seventh Circuit, according to a notice to appeal filed Tuesday in the Illinois district court where his suit was dismissed in June.

  • July 28, 2015

    11th Circ. Vacates Block On Fla. 'Gun Gag' Law

    The Eleventh Circuit on Tuesday reversed a lower court’s order that granted an injunction of a Florida state law restricting doctors from asking “irrelevant” questions about patients’ gun ownership, saying that the law protects patient privacy by circumscribing irrelevant inquiry.

  • July 28, 2015

    Hospital Slams 7th Circ. Neiman Marcus Data Breach Ruling

    A hospital facing a proposed class action over a patient data breach told an Alabama federal judge on Monday to ignore the Seventh Circuit's recent revival of another data breach case, saying the circuit court had strayed from precedent.

  • July 28, 2015

    Ohio Doc Must Face Claims In Meningitis MDL, Court Rules

    A Massachusetts federal judge refused to let an Ohio doctor escape a suit over his role in a woman's death from steroid injections tainted by a compounding pharmacy, ruling on Tuesday the federal court need not apply a state rule governing medical claims.

Expert Analysis

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Prosecution Of Off-Label Speech In A Post-Caronia World

    Emily L. Pincow

    At the heart of the dispute in Amarin Pharma Inc. v. U.S. Food and Drug Administration before the Southern District of New York is the complaint that the federal government cannot prosecute the simple promotion of a drug’s off-label use because such an interpretation raises First Amendment concerns, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Not-For-Profit Property Tax Exemption In NJ: Not For Long

    Richard F. Ricci

    Two recent decisions from the New Jersey Tax Court may prove problematic for nonprofit organizations currently relying on the state’s property tax exemption statute, say Richard Ricci and Sean Collier at Lowenstein Sandler LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Navigating CMS' Tangled Web Of Stark Law Interpretation

    Gadi Weinreich

    As the D.C. Circuit's recent ruling in Council for Urological Interests v. Burwell attests, the Centers for Medicare and Medicaid Services' interpretation of the Stark Law has vacillated over the years. However, CMS' flexibility is not unlimited, particularly where, as with respect to the issue of per-click equipment leases, Congress has spoken plainly, say attorneys at Dentons LLP.

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.

  • Cash That Class Action Check, No Matter How Small

    Brian S. Kabateck

    Once a class action is brought and won or settled, consumers have the responsibility of confirming the continued efficacy of applicable laws and the class action tool. When a large portion of eligible consumers fail to join a class or cash their settlement checks, they allow improper corporate behavior to be more profitable than costly, say Brian Kabateck and Sally Son of Kabateck Brown Kellner LLP.

  • Protecting Privacy In Medical Records During Litigation

    Martin Merritt

    At the heart of the appeal in United States v. Zadeh, which involves a Texas district court ruling allowing patient medical records to be turned over to the federal government without a warrant, is the collision of two competing interests — a patient’s expectation of privacy and the government's desire to gain access to evidence for use in court, says Friedman & Feiger LLP's Martin Merritt, executive director of the Texas Health La... (continued)

  • Federal Narcotics Laws Can Still Trump Tribal Sovereignty

    Troy Eid

    A high-profile criminal investigation of two marijuana cultivation facilities on Native American trust lands in California is a reminder that, despite recent U.S. Department of Justice assurances of possible prosecutorial forbearance, tribes considering violating the federal drug laws do so at their peril, says Troy Eid, a shareholder at Greenberg Traurig LLP and former U.S. attorney for the District of Colorado.