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Health

  • January 16, 2019

    Ex-NFL Player's Bid For Injury Benefits Denied By Fla. Judge

    Former NFL defensive lineman Darren Mickell’s yearslong suit against the league’s retirement plan hit a brick wall on Tuesday, after a Florida federal court denied his bid to overturn the plan’s decision that he didn’t qualify for certain disability benefits.

  • January 16, 2019

    FCC Final Say On Ad Rules Cripples Businesses, Justices Told

    The U.S. Chamber of Commerce, six states and a handful of government associations warned the U.S. Supreme Court that letting the Federal Communications Commission have the final word on the interpretation of the Telephone Consumer Protection Act strips companies of a key defense amid the unrelenting stream of TCPA class actions.

  • January 16, 2019

    UPMC Can Recoup E-Discovery Costs In FLSA Case: 3rd Circ.

    The Third Circuit has agreed that four former workers who brought a failed Fair Labor Standards Act case against the University of Pittsburgh Medical Center should be forced to pay more than $300,000 in costs associated with electronic discovery in the litigation.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    High Court Wary Of Skipped HHS Rulemaking On Hospital Pay

    U.S. Supreme Court justices on Tuesday appeared skeptical of the U.S. Department of Health and Human Services’ refusal to conduct notice-and-comment rulemaking when outlining a Medicare reimbursement policy that affects billions of dollars in hospital payments.

  • January 15, 2019

    NY Lawmakers Pass Bill Banning Transgender Discrimination

    New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.

  • January 15, 2019

    Del. Hospital Must Face Death Suit Over Hip Surgery

    A Delaware judge on Tuesday refused a hospital’s motion to block punitive damages in a suit over a patient’s death after hip surgery, also rejecting the hospital’s contention that a legal release for a doctor applied to the hospital as well.

  • January 15, 2019

    Subcontractor Deals Outside Union's Purview: NLRB Memo

    The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.

  • January 15, 2019

    Walgreen, Equity Co. Can't Dodge Doctor's Work Bias Suit

    Walgreen Co. and a Chicago private equity investment company must face a woman’s lawsuit claiming they wrongfully fired her from a business she helped create and they now own because they held substantial control over her working conditions, an Illinois federal judge held Tuesday.

  • January 15, 2019

    Purdue Brass Pinned Opioid Crisis On Addicts, Mass. AG Says

    A court filing by Massachusetts Attorney General Maura Healey on Tuesday revealed new information about the inner workings of Purdue Pharma and its controlling Sackler family as they marketed OxyContin over the past two decades, including harsh statements by executives that point to a strategy of blaming drug users for addiction to the painkiller.

  • January 15, 2019

    UnitedHealth's Offsetting Method Unreasonable, Says 8th Circ.

    The Eighth Circuit ruled Tuesday that UnitedHealth Group Inc. isn’t allowed to offset overpayments to providers from certain health plans by withholding payments to those providers from other health plans, affirming a lower court’s finding that the insurer’s interpretation of plan documents was unreasonable.

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    OIG Says Va. Must Repay $14M In Extra Medicaid Bonuses

    An audit by the U.S. Department of Health and Human Services’ Office of the Inspector General found that the Centers for Medicare & Medicaid Services overpaid the state of Virginia by approximately $14 million from fiscal year 2011 through 2013 to offset the costs of increased enrollment of children in Medicaid.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

  • January 14, 2019

    Skip Md.'s Bid To Revive Price-Gouging Law, Justices Urged

    The generic-drug industry on Monday urged the U.S. Supreme Court to turn down Maryland's attempt to revive a state law targeting price gouging, arguing that Maryland is attempting to skirt a "bedrock principle of federalism" by regulating what happens in other states.

  • January 14, 2019

    Wash. Tribe Seeks Quick Win In HHS Contract Payment Row

    The Swinomish Indian Tribal Community has urged a D.C. federal court to grant it a quick win in its suit accusing the U.S. Department of Health and Human Services of underpayment on certain health care program costs, claiming the failure to make payments violates the Indian Self-Determination and Education Assistance Act.

  • January 14, 2019

    Promise Healthcare Gets Nod For $3M Exec Bonus In Ch. 11

    A Delaware bankruptcy judge on Monday signed off on a revised version of bankrupt hospital operator Promise Healthcare’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, after concerns were raised about a prior proposal for the incentive pay.

  • January 14, 2019

    CVS CEO Unveils $100M Initiative For 1-Stop Health Care Shop

    CVS Health Corp. CEO Larry Merlo on Monday announced a five-year, $100 million commitment to the creation of a health care model that he said would give consumers a more localized, one-stop shop for care and simplify treatment options.

  • January 14, 2019

    Mueller Probe To Dominate Barr Confirmation Hearing

    The Senate Judiciary Committee is set to start grilling President Donald Trump's attorney general nominee William Barr Tuesday, and the biggest item on the menu is undoubtedly his supervision of Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

Expert Analysis

  • How Employers Can Respond To ACA Penalty Letter From IRS

    Michael Morris

    An IRS Form Letter 226J payment demand signals a determination of failure to satisfy the Affordable Care Act's employer mandate. But careful examination of factors supporting the claim may reveal that the payment obligation is substantially overstated or perhaps not owed at all, says Michael Morris of Bressler Amery & Ross PC.

  • Health Care Fraud Enforcement In 2018, And 2019 Predictions

    George Breen

    Of the $2.88 billion obtained by the U.S. Department of Justice in settlements and judgments from civil fraud and False Claims Act cases in 2018, almost 90 percent was generated from health care-related matters. A review of last year's trends indicates what may be ahead, say attorneys with Epstein Becker Green.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Impressive Results From DOJ Fraud Section In 2018

    Kevin Muhlendorf

    The U.S. Department of Justice Criminal Division's 22-page report on the Fraud Section's accomplishments in 2018 provides important hints at what the future holds for individuals and entities whose activities come within the section’s broad reach, say Kevin Muhlendorf and Madeline Cohen of Wiley Rein LLP.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • Top 10 SALT Stories Of 2018: Part 4

    Metisse Lutz

    In the final installment of their four-part series, attorneys at Grant Thornton LLP look at two of the year's SALT incentive "megadeals" and review an Illinois Supreme Court decision that resolved uncertainty surrounding a statutory property tax exemption and may prove instructive for other jurisdictions.