• November 26, 2014

    Calif. High Court To Review Malpractice Cap Law

    California’s high court will review the constitutionality of the state’s $250,000 cap on damages in medical malpractice suits, less than a month after voters summarily rejected a measure that would have raised the cap to $1 million, according to a consumer advocacy group on Wednesday.

  • November 26, 2014

    NLRB Pushes 3rd Circ. For OK In Canning-Prompted Rehearing

    The National Labor Relations Board pushed the Third Circuit Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.

  • November 26, 2014

    5th Circ. Told Texas Abortion Law Overburdens Providers

    A group of Texas abortion providers on Monday responded to a Fifth Circuit appeal by officials and anti-abortion groups to uphold a controversial state abortion law that could shutter all but seven clinics, arguing that the new rules place an unreasonable burden on abortion facilities.

  • November 26, 2014

    Miller Weisbrod Can't Buck Suit Over Eye Doctor TV Ads

    A Texas appellate court on Tuesday refused to knock out an ophthalmologist’s defamation suit against Miller Weisbrod LLP over television ads the firm aired about the doctor, saying the ad was commercial speech and didn’t qualify for protection under a state free speech law.

  • November 26, 2014

    Avandia Insurers Denied Class Cert. In Suit Against Glaxo

    A Pennsylvania federal judge on Monday denied class certification to two Humana Inc. units that sued GlaxoSmithKline PLC for the cost of insuring Medicare patients harmed by its drug Avandia, saying issues of law and fact vary for proposed class members.

  • November 26, 2014

    Texas Panel Boots Suit Over Untimely Discrimination Claim

    A Texas appellate panel on Tuesday tossed a former hospital worker's lawsuit alleging a law firm failed to file her employment discrimination lawsuit within the statute of limitations, saying her claim couldn't survive summary judgment without expert testimony showing her underlying case was viable.

  • November 25, 2014

    CVS, Rite Aid Settle Walgreens' Mobile Refill Patent Suit

    Retail pharmacy giants CVS Caremark Co. and Rite Aid Corp. have settled Walgreen Co.’s claims that its rivals were infringing its patent for refilling prescriptions using a mobile device, with CVS agreeing to an injunction against using the technology, according to documents filed Tuesday.

  • November 25, 2014

    Supervalu Pharmacist OT Row Stays In Fed. Court

    A California federal judge rejected a motion Tuesday to send to state court a proposed class action accusing Supervalu Inc. of not paying pharmacists minimum wage and overtime, unpersuaded by the argument that the case missed the $5 million threshold for staying in federal court.

  • November 25, 2014

    NJ Court Backs Hospital Immunity In Doctor Privileges Appeal

    The New Jersey Appellate Division on Monday relied on statutory protections for hospital peer-review evaluations and decisions to back the toss of a surgeon's suit against a hospital that revoked his clinical privileges and rejected the doctor's bid for additional discovery to help prove his case.

  • November 25, 2014

    Texas Court Strikes Down Medicaid Payment Hold Rules

    A Texas appeals court on Tuesday invalidated three Texas Health and Human Services Commission rules related to payment holds imposed during Medicaid fraud investigations, holding they violate due process rights.

  • November 24, 2014

    LabCorp Gets Worker Subclass Bids Nixed In Break Row

    A California federal judge on Monday tentatively denied certification to three putative subclasses of workers alleging Laboratory Corporation of America violated labor laws pertaining to break periods and off-the-clock work, but told attorneys he would allow more briefing before deciding the fate of two other potential subclasses.

  • November 24, 2014

    Judge Balks At 6th Circ. Review Of FCA Extrapolation

    A Tennessee federal judge on Monday refused to recommend Sixth Circuit review of whether the U.S. Department of Justice can extrapolate from a sample of billing claims to establish vast False Claims Act liability, calling nursing home giant Life Care Centers of America Inc.'s request for such a review premature and unlikely to shorten litigation.

  • November 24, 2014

    House Dem Digs Into GOP's Use Of Law Students On ACA Suit

    The ranking Democrat on the Committee on House Administration raised concerns Monday that unqualified law students at George Washington University could be "exploited" in the GOP’s lawsuit against the Obama administration over delay of the Affordable Care Act’s employer mandate.

  • November 24, 2014

    Honigman Says Blue Cross DQ Motion Is 'Baseless'

    Honigman Miller Schwartz & Cohn LLP told a Michigan federal court Friday that Blue Cross Blue Shield of Michigan’s bid to get the firm booted from antitrust litigation against the insurer is “completely baseless” and denied that its loyalties are divided between clients with adverse claims.

  • November 24, 2014

    UnitedHealth OT Fight Tees Up Murphy Oil For 2nd Circ.

    UnitedHealth Group Inc.'s arbitration policy barring class claims is unenforceable because it violates federal labor law, a former UnitedHealth worker told the Second Circuit on Friday, arguing that the board's recent Murphy Oil decision “deepened and extended” its D.R. Horton analysis.

  • November 21, 2014

    Walgreen Says Unwanted Refill FCA Suit Lacks Evidence

    Walgreen Co. on Thursday urged a California federal court to toss a whistleblower’s suit accusing it of wrongly charging Medicare and Medicaid for unwanted prescription refills, saying he had not provided any evidence to back his allegations.

  • November 21, 2014

    IBRC Gets Thumbs-Up For Sale Of Blackrock Clinic Loans

    A Delaware bankruptcy judge gave Irish Bank Resolution Corp. the nod Friday to sell loans secured by equity in Ireland's Blackrock Clinic to a company owned by beef mogul Larry Goodman, rejecting opposition from a hospital shareholder and saying the evidence the sale was fair was “overwhelming.”

  • November 21, 2014

    3rd Circ. Urged To Revive FCA Suit Over Wholesale Drug Costs

    The Third Circuit was urged during oral arguments on Friday to find that a purported whistleblower’s work to uncover an alleged scheme by Express Scripts Inc. and other companies to overbill the federal government for prescription drugs gave him grounds to sue under the False Claims Act.

  • November 21, 2014

    GOP Hits Obama With Long-Awaited ACA Lawsuit

    The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.

  • November 20, 2014

    Tiversa Can't Attack Future Witness In LabMD Fight With FTC

    An administrative law judge on Wednesday shut down Tiversa Holding Corp.’s bid to discredit a former employee who is expected to poke holes in the Federal Trade Commission's data security assertions against LabMD Inc., saying it was improper for Tiversa to jump into the dispute.

Expert Analysis

  • State Law Negligence Claims May Be Coming Under HIPAA

    Philip H. Lebowitz

    The Connecticut Supreme Court's recent ruling in Byrne v. Avery Center for Obstetrics and Gynecology PC is likely to spawn similar lawsuits in the state and other jurisdictions because it provides a pathway to asserting state law negligence claims based on violations of the Health Insurance Portability and Accountability Act, say Seth Goldberg and Philip Lebowitz of Duane Morris LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • A Closer Look At GAO’s 2014 Bid Protest Stats

    Derek Mullins

    The U.S. Government Accountability Office's recently published annual report to Congress is a mixed bag — protests are up, sustained protests are down, but the overall effectiveness rate, where the agency grants some type of remedy or corrective action for a protestor, remains flat, says Derek Mullins of Sheppard Mullin Richter & Hampton LLP.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Don't Be Shocked By NY's 'Surprise Bills' Law

    Jackie Selby

    New York's recently enacted Emergency Medical Services and Surprise Bills law will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers regarding their health plan participation status and add new rules for health plans regarding networks and reimbursement for out-of-network services, says Jackie Selby of Epstein Becker & Green PC.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.