A Michigan federal judge on Friday reinstated his certification of a class of nurses who allege Detroit-area hospitals conspired to keep their wages low, rejecting an argument that the class shouldn’t be joined following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend.
The D.C. Circuit on Friday rejected the latest legal argument against the constitutionality of the Affordable Care Act’s individual mandate, saying Fifth Amendment protections against seizing private property aren’t violated just because some consumers pay insurance premiums that effectively subsidize other policyholders.
A shareholder suing health care giant Aetna Inc. for allegedly sending out false and misleading proxy statements in past years urged a New York federal judge Friday morning to delay the company’s upcoming annual shareholder meeting.
A New Jersey bankruptcy judge on Wednesday approved a Chapter 11 reorganization plan filed by five HealthBridge Management LLC-run health care centers, ending a battle with the National Labor Relations Board, which fought HealthBridge’s rejection of expired collective bargaining agreements covering the centers’ employees.
The trustee of bankrupt New England Compounding Pharmacy Inc. and other parties are close to completing a proposed deal in which victims of a fatal 2012 meningitis outbreak would receive $100 million in multidistrict litigation, they told a Massachusetts federal judge on Wednesday.
Sutter Health urged a California federal judge on Thursday to throw out a proposed class action accusing the health network of conspiring to monopolize medical services in Northern California, arguing that the plaintiffs' evidence outlining the geographic market Sutter supposedly controls is implausible.
The Pennsylvania Commonwealth Court on Thursday said that an applicant had the right to launch a methadone clinic in northeast Philadelphia, concluding that the city’s zoning code treats the facilities akin to medical offices.
A California state senator on Tuesday sued the California Health Benefit Exchange, alleging the agency violated federal and state law by forcing insurers to cancel existing plans that don't meet the requirements of the Affordable Care Act, according to a complaint filed in state court.
Paterson, N.J., and its mayor were hit last month in New Jersey court with a whistleblower suit filed by the city’s corporation counsel, who said he was suspended and denied pay after raising concerns about millions of dollars in illegal health insurance payments.
A New York appeals court on Wednesday ruled that the state’s so-called Prompt Pay Law allows health care providers to directly sue insurers for excessively delaying payment on claims, in a $19 million claims dispute between a Brooklyn hospital and First United American Life Insurance Co.
Hunton & Williams LLP was sued Friday in Florida court by a medical supply company that says the firm failed to inquire whether the company had insurance coverage against a lawsuit, resulting in more than $500,000 in unreimbursed legal costs.
Venable LLP has picked up an expert from Arnold & Porter LLP who defends food companies, supplement makers, electronics manufacturers and other clients in consumer class actions and false advertising disputes to bolster its litigation practice in San Francisco, the firm said last week.
The state of Florida was hit with a lawsuit in Florida federal court Thursday challenging the constitutionality of the state’s laws that void or refuse to recognize same-sex marriages that were officiated in other states or countries.
A medical benefits trust called for sanctions Monday against a doctors’ group for alleging that it, along with at least 100 other defendants, underpaid the group for medical procedures in a $26 million Employee Retirement Income Security Act lawsuit the company told a California federal court “contains no facts."
A New York bankruptcy judge on Tuesday agreed to partially lift a stay in St. Vincent Catholic Medical Centers of New York's bankruptcy to allow American International Group Inc. affiliates to arbitrate four disputes totaling more than $30 million.
An obscure provision of the Internal Revenue Code that bans business tax deductions for sellers of legal marijuana is shutting down many dispensary businesses throughout the U.S., but tax experts say diversification and cost allocation are the keys to escaping current draconian federal tax policy.
Halifax Hospital Medical Center reached an $85 million tentative settlement with the U.S. Department of Justice for a portion of a whistleblower suit over the Florida-based hospital's alleged Medicare fraud, an attorney in the case confirmed Monday.
The U.S. Supreme Court's decision Monday to review the Federal Trade Commission's authority to pursue an antitrust case against North Carolina's dental board could have repercussions for how states regulate everything from health care professionals to attorneys, experts say.
In agreeing to review a Sixth Circuit decision that effectively lowered the bar for class action plaintiffs to pursue fraud claims against executives, the U.S. Supreme Court now has the opportunity to clarify high court precedent while curtailing a lower court decision that experts say would have a “chilling effect” on executive speech if applied nationwide.
Care Access PSN LLC appealed a Florida agency's award of a $1 billion contract to a competitor to provide Medicaid coverage in South Florida, urging the state's Fourth District on Friday to exercise its all writs power to stop its implementation pending a legal resolution.
Despite deepening congressional consensus on sustainable growth rate reform for Medicare Part B, the bipartisan initiative is not accompanied by any strategy for passing it into law. If Congress fails to implement lasting reform, the status quo will have dangerous consequences for American health care while exacerbating Medicare's fiscal insolvency, says Isa Mirza of Foley Hoag LLP.
A group of New York landowners recently filed a petition seeking to compel the state government to issue its final impact statement on the effects of fracking, after more than five years of waiting. Despite the lawsuit, the wait for an answer on fracking in New York will likely continue, and for those outside New York waiting to hear about the environmental and health effects of fracking, the wait may prove to be even longer, says Emily Pincow of Weil Gotshal & Manges LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
The U.S. Supreme Court has agreed to review the Sixth Circuit’s decision in Indiana State District Council of Laborers v. Omnicare Inc., which parts ways with the Second, Third and Ninth circuits and holds that “subjective falsity” is not required for opinion-based Section 11 claims. Although the circuit split is hogging all the attention, everyone seems to be overlooking the fact that the Sixth Circuit in Omnicare ignored its own precedent, says Drew Dropkin of King & Spalding LLP.
While there remain substantial differences between the health care systems of the U.S. and other countries, similar debates and policy questions can be identified universally. Recent U.K. and South African investigations into private health care markets — as well as the debate around U.S. health care reform — have revealed a lack of sufficient public information, which may prevent patients from exercising effective choices, say attorneys at Norton Rose Fulbright.
The U.S. Department of Health and Human Services recently issued a report on the 340B Drug Discount Program to gain a better understanding of how contract pharmacy arrangements operate. While the report does not provide any recommendations in response to the inconsistencies in contract pharmacy arrangement operations, covered entities should develop policies and protocols for performing self-audits and explore the availability of independent auditing services, say attorneys at Epstein Becker & Green PC.
Despite the current circuit split on whether a qui tam relator must identify specific claims in order to satisfy Rule 9(b), the U.S. Department of Justice has asked the U.S. Supreme Court to deny certiorari in U.S. v. Takeda Pharmaceuticals North America Inc. But even if the court does not agree to review this case, it appears highly likely that the court will eventually be called upon to resolve the split, says Scott Grubman, an associate at Rogers & Hardin LLP and a former federal prosecutor.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
In U.S. v. Omnicare Inc., the Fourth Circuit recently joined the growing chorus of courts that have refused to extend the reach of the False Claims Act to all manner of regulatory violations. And even though this case involved pre-Fraud Enforcement and Recovery Act conduct, the ruling also may have provided some much-needed perspective to the 2009 FERA amendments to the FCA, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
The Internal Revenue Service recently issued final regulations interpreting the employer “play or pay” mandate under the Affordable Care Act, which will become effective next year. Employers looking for significant changes from the proposed regulations will be disappointed, say Eric Keller and Melinda Gordon of Paul Hastings LLP.