Harvard Pilgrim Health Care had a duty under the Employee Retirement Income Security Act to seek readily available medical evidence from a young woman before denying her bid for mental health coverage, a pair of health advocates told the First Circuit in an amicus brief filed Tuesday.
A doctor preparing to treat a woman who suffered a stroke had no responsibility to order a special procedure be performed on the patient while she awaited transfer from another hospital, an Illinois appeals court said Monday, upholding the dismissal of the patient's negligence suit.
The Third Circuit ruled on Tuesday that a nurse who alleged she was fired after objecting to illegal activity at Southwest Regional Medical Center in Pennsylvania was not protected by the whistleblower provisions in the Emergency Medical Treatment and Active Labor Act because she had not first made a report of the activity.
The Fifth Circuit on Monday sided with an employee who is suing engineering and construction services firm Ref-Chem LP, holding that the company's failure to sign an arbitration agreement the employee had signed meant she had standing to bring her sexual harassment lawsuit in court.
Delaware’s Supreme Court late Monday upheld a $55.8 million breach of contract ruling from September 2017 that favored oncology drug developer Wellstat Therapeutics Corp., but called for revised prejudgment interest calculations under terms still likely to push the overall award above $70 million.
A Texas appellate court Tuesday upheld a fine and affirmed a court order requiring the owner of a former gas station to remove three abandoned underground fuel storage tanks the state’s environmental agency said had leaks, amid a dispute over ownership of the tanks.
The D.C. Circuit said Tuesday that Foley Hoag LLP could withdraw as counsel for Venezuela in its appeal of a district court's confirmation of bankrupt miner Crystallex International Corp.'s $1.2 billion arbitral award, instructing the beleaguered country to secure new representation by July 16.
Quill might be upheld when the U.S. Supreme Court issues its decision in the closely watched case against Wayfair, but online retailers shouldn't necessarily count that as a big victory because states can still turn to notice and reporting laws, state tax experts said.
Prosecutors are seeking to shut down an appeal by a Korean earthquake researcher convicted of laundering bribes, telling the Ninth Circuit on Monday that the South Korean law he violated does not focus on a bribe-taker's intent in the same way U.S. laws do.
The U.S. government contested a federal court's refusal to force an orthopedic clinic in Florida to comply with its future payroll tax obligations, telling the Eleventh Circuit on Monday that the decision was akin to granting the clinic an unlimited line of credit.
A California state appeals court on Monday declined to revive a purported whistleblower suit alleging LabCorp had pressured a genetic counselor to alter a patient’s medical records and then fired her, saying there was nothing medical about the records or illegal about the changes the counselor was asked to make.
A coalition of environmental advocates have appealed a California state court's decision to uphold a Kern County ordinance they say fast-tracks oil and gas permitting, arguing the outcome allows wells to be drilled without first going through a proper environmental review.
A New York-based Sikh religious organization asked the Second Circuit on Monday to reconsider the society's bid to get a visa for one of its ritual singers, arguing that the visa should not have been rejected based on inconsistencies in the singer's application that did not directly pertain to the visa requirements.
States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation.
The D.C. Circuit on Tuesday affirmed Federal Energy Regulatory Commission orders modifying how regional grid operator PJM Interconnection pays participants in its wholesale electricity markets for helping relieve congestion on the grid, rebuffing pleas from challengers including state utility regulators from New Jersey and Delaware to second-guess FERC's reasoning.
The Louisiana Real Estate Appraisers Board has urged the Fifth Circuit to pause a Federal Trade Commission administrative trial challenging board regulations that control appraisal fees, arguing the appeals court should first decide on its immunity from federal antitrust laws to prevent “distraction” of state officials.
A Pennsylvania attorney has agreed to a suspension of his law license following a guilty plea last year on misdemeanor charges stemming from allegations that he aided a state lawmaker to support an Allegheny County illegal gambling ring.
A private equity firm on Tuesday urged the Third Circuit to revive its $5 million case against a New Jersey hospital over the firm's would-be acquisition of a medical plaza under foreclosure, arguing that an ownership transfer that sank the sale ran afoul of the purchase deal.
Conservative legal organizations and Republican lawmakers have urged the U.S. Supreme Court to hold that all convicted immigrants may be detained without bond hearings, regardless of when they enter immigration custody after being released from criminal custody.
A Pennsylvania appeals panel has upheld a hospital’s win in a malpractice trial in which the estate of a woman with fall injuries and intestinal issues alleged more should have been done to save her life, finding the trial judge was correct in withholding certain expert testimony.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.
On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.
The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.
Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.
In its recent decision in Martin v. Quartermain, the Second Circuit reiterated that meeting the Omnicare standard set forth by the U.S. Supreme Court in 2015 is no small task for investors. This strict application of Omnicare ensures that Section 10(b) jurisprudence remains focused on identifying truly fraudulent conduct, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.
Taxpayers that made the Gillette election on their California returns should file protests to contest any penalties assessed by the Franchise Tax Board, say attorneys at Reed Smith LLP.
While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.
Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.
On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.