Health

  • May 17, 2018

    Aetna Seeks To Dodge Sleep Apnea Reimbursements Suit

    Aetna urged a Pennsylvania federal court Wednesday to toss certain claims from a Florida sleep center’s proposed class action alleging the insurer was not paying enough for out-of-network claims, arguing that some of the allegations are unsupported and redundant.

  • May 17, 2018

    Mass. Doctor's Kickback Convictions Are Fair, Judge Says

    A federal judge in Massachusetts published an order Thursday declining to overrule a jury's verdict that a gynecologist disclosed her patients’ medical information to a Warner Chilcott representative who used the data to target customers for expensive osteoporosis drugs.

  • May 17, 2018

    Tribal College Dodges FCA Suit After 9th Circ. Revival

    Salish Kootenai College doesn’t have to face a False Claims Act suit alleging the school gave the U.S. government false student data in order to continue receiving federal grant money, a Montana judge ruled Thursday, finding the college has tribal immunity.

  • May 17, 2018

    DOJ Deputy Says Health Care Remains Antitrust Priority

    A deputy assistant attorney general for the U.S. Department of Justice said Thursday that the health care sector remains an enforcement focus for the antitrust division, saying it has open criminal investigations into market allocation and no-poach agreements among health care providers and is considering seeking to recover taxpayer money for other violations.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    GSK, Zofran Users To Pick 16 Potential MDL Bellwether Cases

    GlaxoSmithKline and the families who claim its anti-nausea medication Zofran caused various birth defects will each select eight cases to probe and possibly bring to trial in the multidistrict litigation’s final discovery phase, a Massachusetts federal judge ruled Thursday.

  • May 17, 2018

    Fla. Ruling Expands Menu Of Claims For Injured Patients

    The Florida Supreme Court's recent ruling that a residential treatment facility can't categorize a suit over a patient's injuries as a medical malpractice case will make it easier for personal injury plaintiffs to pursue general negligence claims against health care providers, experts said, since they won't be subject to "onerous" medical malpractice law requirements.

  • May 17, 2018

    Bridal Shop's Suit Over Ebola Stigma Tossed By Texas Panel

    A Texas appellate court booted a suit brought by a now-closed Ohio bridal shop against hospital chain Texas Health Resources over exposure to Ebola, holding that the boutique's claims were health care liability claims and needed the support of an expert report, which it did not file.

  • May 17, 2018

    Cigna Gets Podiatry Group's ERISA Suit Booted From Court

    Cigna Health and Life Insurance Co. doesn't have to face an Employee Retirement Income Security Act suit from a New Jersey podiatry group alleging that the insurer shortchanged it on medical claims, after a New Jersey federal judge ruled on Wednesday that the medical provider didn't plead enough specifics to support its case.

  • May 16, 2018

    9th Circ. Clarifies Anti-SLAPP Law In Planned Parenthood Row

    A California federal judge was correct when he nixed anti-abortion activists' free speech challenge to Planned Parenthood’s suit over their secretly recorded videos, the Ninth Circuit ruled in a published opinion Wednesday that clarified how to square California’s anti-SLAPP statute with federal civil procedure rules.

  • May 16, 2018

    3rd Circ. Says Anti-Assignment Clauses Stand In ERISA Plans

    The Third Circuit on Wednesday joined some of its sister circuits in holding that health insurance plan clauses barring the assignment of claims to third parties, including the provider of the underlying care, are enforceable in Employee Retirement Income Security Act-governed plans.

  • May 16, 2018

    Feds Show Valeant Jury Spending Records, Doctored Emails

    Prosecutors who charged a manager at drug giant Valeant Pharmaceuticals International Inc. and the CEO of a mail-order pharmacy with defrauding Valeant out of $9.7 million wrapped up their case on Wednesday by showing jurors evidence of email tampering and records of the defendants' outlays on a private jet and a luxury hotel.

  • May 16, 2018

    3 Ex-Constellation Execs Charged With $300M Stock Fraud

    Three former top executives of bankrupt Constellation Healthcare Technologies Inc., a Houston-based medical billing business, were charged with criminal fraud Wednesday in New Jersey federal court in an alleged $300 million scam to inflate the value of their company as part of a merger to take it private.

  • May 16, 2018

    Maker Of Anti-Clot Device Must Face Suit Over Pierced Vein

    The maker of a medical instrument designed to prevent blood clots will have to face most of a man's lawsuit saying its product perforated a major vein, after an Illinois federal judge ruled the man's suit meets the minimal pleading requirements to bring all but two of his claims.

  • May 16, 2018

    Pa. Justices Urged To Revive Nursing Home False Ad Suit

    The head of the Pennsylvania attorney general’s civil division urged the state’s Supreme Court during oral arguments Wednesday to upend a decision dismissing a lawsuit accusing nursing home operator Golden Living of misrepresenting the quality of its services in marketing materials.

  • May 16, 2018

    Tennis Org Wants $10M Blood Test Injury Suit Arbitrated

    The Women's Tennis Association on Tuesday urged a Florida federal court to force tennis player Madison Brengle to arbitrate her claims that anti-doping tests required by the organization and the International Tennis Federation injured her serving arm and impacted her career, saying she agreed to arbitrate such disputes.

  • May 16, 2018

    Man Asks Fla. Justices For Right To Grow Pot During Appeal

    A Tampa, Florida, man who successfully sued the state for the right to grow marijuana for his medical use under a 2016 constitutional amendment asked the Florida Supreme Court late Tuesday to vacate a stay of a lower court's decision during the state's appeal so he can access the medicine.

  • May 16, 2018

    Bid To Extend UPMC Medicare Deal Draws Pa. Justices' Ire

    Members of Pennsylvania’s highest court expressed frustration during oral arguments Wednesday with a bid backed by Highmark Inc. to require the University of Pittsburgh Medical Center to continue providing in-network rates to the insurer’s Medicare Advantage subscribers beyond the expiration date of a state-brokered consent decree between the rivals.

  • May 16, 2018

    Blue Cross Can't Dodge Fla. Atty's ERISA Suit, Judge Says

    A Florida attorney can pursue his suit accusing Blue Cross and Blue Shield of Florida Inc. of wrongly denying coverage for his son’s medical expenses, a Florida federal judge ruled Tuesday, adopting a magistrate judge’s finding that the attorney adequately pled his Employee Retirement Income Security Act claim.

  • May 16, 2018

    Steward Must Convince Jury Doc Fired For HIPAA Violation

    Steward Healthcare System LLC will need to convince a jury it fired a psychiatrist for violating the Health Insurance Portability and Accountability Act and not because, as the doctor claims, he took disability leave after getting pneumonia, a Massachusetts federal judge ruled Wednesday in denying part of a summary judgment bid.

Expert Analysis

  • Emerging Enforcement Trends For Patient Support Programs

    Brett Friedman

    A growing number of recent governmental investigations and settlements calls into question the practice of pharmaceutical companies donating to independent charities that provide financial assistance with out-of-pocket drug costs to patients. In light of this emerging trend, donating to independent patient assistance programs should now be considered a high-risk activity, say attorneys with Ropes & Gray LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Challenges In Billing Physician Observation Services

    Debbie Sconce

    Emergency department overcrowding is a well-documented problem in today’s hospitals. But as processes for admitting patients to observation care have changed to expedite patient throughput, hospitals could be at risk for billing noncompliance due to a long-standing and possibly overlooked regulation in the Medicare Billing and Claims Manual, says Debbie Sconce of FTI Consulting Inc.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • 4 Takeaways From Failed Wrongful Termination Claims

    Brian Hall

    In Bailey v. Oakwood Healthcare, the Sixth Circuit recently rejected an appeal from a summary judgment order on claims of pregnancy, race and age discrimination and retaliation. Employers can rely on the decision for several propositions, says Brian Hall of Porter Wright Morris & Arthur LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • Diabetic Care RX Case Is A Warning Sign For Private Equity

    Christopher Hewitt

    The United States government recently sent shock waves through the private equity industry by charging a PE firm for its portfolio company’s alleged health care fraud in U.S. v. Diabetic Care RX. Four measures can help private equity firms mitigate their risk so they avoid the same fate, say Christopher Hewitt and Jayne Juvan of Tucker Ellis LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.