A Trump administration proposal to block unions representing home health care workers from collecting dues through Medicaid drew more than 6,000 comments before the deadline for public feedback passed Monday, and organized labor and its allies took advantage of the opportunity to denounce what they called an assault on unions.
This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.
A coalition of consumer advocacy groups shot back at the business community's initial efforts to scale back a recently enacted California privacy law, arguing that "the sky is not falling, as industry suggests" and urging state lawmakers to focus on "strictly technical cleanup" work for now.
The Third Circuit on Tuesday revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog, clarifying in a precedential decision that the trial court erred in its application of federal disabilities laws in instructions to jurors who had ruled in the school’s favor.
The Eighth Circuit on Tuesday upheld the constitutionality of a Minnesota law that allows home care providers in the state to organize, rejecting a challenge from a group of providers who alleged the law violated their constitutional rights by forcing them to associate with a union.
A federal judge ruled Tuesday that a Kentucky hospital must face claims it underfunded its employee retirement plan by $166 million due to its alleged misuse of an Employee Retirement Income Security Act exemption that is intended for churches.
The Sixth Circuit decided Tuesday that a worker can sue their employee health care plan over its refusal to pay a medical bill even if the worker doesn’t have to pay the bill himself, because the Employee Retirement Income Security Act allows workers to sue over claim denials.
Rep. Elijah Cummings, D-Md., asked Veterans Affairs Secretary Robert Wilkie on Tuesday to provide details on any contact between VA officials and three members of President Donald Trump’s Mar-a-Lago Club recently alleged to have “unprecedented” control over VA decisions despite holding no formal federal positions.
A New Jersey federal judge Tuesday nixed a putative class action against CVS Pharmacy Inc. for allegedly violating the Telephone Consumer Protection Act by notifying customers about the availability of flu shots via text messages, finding that the messages fell under the so-called “health care exemption.”
Purdue Pharma LP caused widespread death and financial destruction by lying about the risks and benefits of its flagship painkiller, OxyContin, the state of New York said in a lawsuit Tuesday, echoing hundreds of other cases against the opioid maker.
Saying he was aware of the "harsh nature of this outcome," a Pennsylvania federal court judge on Tuesday reluctantly dismissed a woman's claim that she was injured by a Zimmer prosthetic hip, finding the suit missed the statute of limitations.
A hospital fighting claims from the widow of a man who died after receiving allegedly negligent treatment should not be allowed access to privileged material from divorce proceedings the couple were litigating in the run-up to the husband’s death, a Pennsylvania appeals court heard during oral arguments Tuesday.
The ERISA Industry Committee, which represents large benefits plan sponsors, filed a suit Tuesday seeking to halt a recently revised section of Seattle Municipal Code governing hotel employee health benefits, arguing the statute is preempted by the federal Employee Retirement Income Security Act.
Massachusetts' top appellate court on Tuesday ruled that a Bay State hospital didn't have a duty of care after a man released from an involuntary civil commitment fatally stabbed his neighbor 22 days after one of the hospitals doctors said the man "no longer posed a likelihood of serious harm."
A Phoenix-based health center dedicated to providing medical services to urban Native Americans, Alaska Natives and others has agreed to a settlement with the U.S. Department of Justice over claims that it violated the Uniformed Services Employment and Reemployment Rights Act when it declined to renew a U.S. Navy Reserves doctor's contract.
A Texas federal judge gave Eli Lilly and Co. and four health care companies a reprieve from a whistleblower lawsuit alleging they conspired to offer kickbacks to boost prescriptions of insulin and osteoporosis drugs, finding that a health care research organization's allegations were too vague but leaving the door open for the group to try again.
One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.
A Florida federal judge decided it was the “end of the line” Monday for a former GE Healthcare employee in his False Claims Act suit claiming the company used false records to sell improperly made drugs, refusing to extend the deadline to find a new attorney but leaving the door open for government-led claims.
Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.
Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.
Since the GOP’s failed attempt to repeal the Affordable Care Act last year and the elimination of the individual mandate in the Tax Cuts and Jobs Act, Republicans and Democrats have struggled to address problems in the health care system. Although bills recently passed by the House contain a few provisions with bipartisan support, they face an uphill battle for passage in the Senate, says Radha Mohan at Brownstein Hyatt Farber Schreck LLP.
The certainty that tort liability settlements generally brought liability insurers in decades past has waned because of the Medicare Secondary Payer Act. And as MSP Act reimbursement actions wind through courts nationwide, plaintiffs’ recovery theories continue to morph, say Laura Besvinick and Julie Nevins of Stroock & Stroock & Lavan LLP.
Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.
In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.
The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.
Following a U.S. State Department advisory this week, companies conducting business abroad — particularly in the technology, medical and life sciences industries — should watch out for several areas of heightened risk that may have a nexus to North Korea, say attorneys with Orrick Herrington & Sutcliffe LLP.
While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.
Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.
The Delaware Chancery Court's opinion in Cirillo Family Trust v. Moezinia is a stark reminder of both the required contents of an appraisal notice as well as the appropriate approach to take when communicating with stockholders, say attorneys with Pepper Hamilton LLP.
Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.