Visiting Nurse Service of New York reached a $57 million deal to resolve a whistleblower's False Claims Act suit alleging the largest not-for-profit home health care agency in the United States defrauded the government by billing for services it never provided and disregarding patients' formal treatment plan.
Debevoise & Plimpton LLP partner Eric Dinallo spoke with Law360 about how the COVID-19 crisis has impacted the insurance industry and spawned proposals for a government-backed reinsurance program for pandemic coverage and a federal fund to help businesses defray losses resulting from future pandemics.
The past week in London has seen drugmaker Novartis sue rival generics manufacturer Mylan, pharmaceutical wholesalers apply to revive claims against PwC over tax treatment of employees, and Bank of America sue an Italian region beset by securities claims. Here, Law360 looks at those and other new claims in the U.K.
Swiss insurer Helvetia said Friday it has concluded a deal to buy a majority share of a Spanish rival for approximately €800 million ($900 million) in a move to expand its presence in Europe as a "second pillar" of the group outside Switzerland.
Democrats are making irrelevant points about the coronavirus pandemic driving up demand for health care to make the U.S. Supreme Court squeamish about a constitutional challenge to the Affordable Care Act, Republican state attorneys general told the high court on Thursday.
The Seventh Circuit on Thursday upheld a lower court's decision that Westfield Insurance Co. doesn't have to pay a $50 million default judgment in a pollution suit because its insured, a recycling facility, never sought coverage, agreeing that policy also excludes "known claims" and "expected injuries."
The Pennsylvania Supreme Court on Thursday approved a three-year suspension for a former Goldberg Segalla partner who approved several million dollars worth of settlements on behalf of Knight Insurance Group without telling the carrier.
Chubb Ltd. urged a Minnesota federal court to rule that it does not have to cover Target Corp.'s losses stemming from bank settlements over a 2013 data breach, arguing that the hack did not cause a "loss of use" for the store customer's credit cards.
McDonald's has been ordered to give its workers more virus protections, airlines are seeking to escape claims that they owe refunds to passengers for canceled flights, and minor league baseball teams are among the latest to say they were wrongfully denied insurance coverage for coronavirus-related losses.
Travelers is not obligated to defend or indemnify a law firm in an underlying putative class action where the firm faces allegations that it unlawfully obtained vehicle collision records as part of identifying new clients, a North Carolina federal judge has determined.
A trial court prematurely ended a dispute over premiums an engineering and drilling rig company allegedly owes to Twin City Fire Insurance Co., a Texas appellate court ruled Thursday.
A New Jersey federal judge on Thursday said Penn National Mutual Casualty Insurance Co. can't walk away from a real estate developer's suit alleging it secretly used a particular formula to increase his premiums over several years, reasoning such purported misconduct fell under the New Jersey Consumer Fraud Act.
Comcast was hit with a proposed class action Thursday from a former employee accusing the company of sending ex-workers COBRA notices designed to scare them away from choosing to continue their health care coverage under the federal benefits law.
A Pennsylvania paper cutting company accused an Atlanta-based insurer of breaching a contract by failing to cover flood damage surpassing $2.5 million to one of the company's buildings, according to a complaint filed Wednesday in Pennsylvania federal court.
House Democrats unveiled legislation Wednesday to boost major sections of the Affordable Care Act and fiercely contrasted their vision with President Donald Trump's effort to nullify the entire ACA at the U.S. Supreme Court during the coronavirus pandemic.
An Ohio appeals court on Wednesday ruled that Acuity must defend prescription drug wholesaler Masters Pharmaceutical inc. in a slew of suits accusing it of contributing to the opioid abuse epidemic in several states by failing to report or reject suspicious orders, reversing a lower court's order.
House Democrats plan to vote next week to expand the Affordable Care Act's premium tax credits and roll back coverage changes imposed by the White House on the landmark health care law, House Speaker Nancy Pelosi, D-Calif., said Wednesday.
An Anytime Fitness franchisee that operates gyms in Mississippi and Alabama sued Markel Insurance Co. in Illinois federal court Wednesday, claiming the insurer wrongly denied coverage for business interruptions related to the coronavirus pandemic.
Federal prosecutors in Massachusetts accused New York pharmaceutical company Regeneron Pharmaceuticals on Wednesday of paying tens of millions of dollars in illegal kickbacks through a foundation to get doctors to prescribe its injectable eye disease drug.
Augusta University Medical Center Inc. reached a $2.6 million settlement with the U.S. Department of Justice on Wednesday to resolve a False Claims Act suit claiming the teaching hospital network submitted claims to Medicare and Medicaid for unnecessary procedures.
A Michigan chiropractor has hit State Farm Mutual Automobile Insurance Co. with a proposed class action alleging it wrongfully applied a "virus exclusion" to deny revenue loss claims from COVID-19-related state-ordered closures, arguing the exclusion was unrelated to its loss.
Philadelphia's Marathon restaurant group is demanding that State Auto Insurance cover loss-of-business and cleanup costs stemming from the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.
President Donald Trump's most prominent judicial picks are on the cusp of casting pivotal votes in colossal cases over reproductive rights and the Affordable Care Act. But many of his judges have already joined important rulings against abortion and the ACA, possibly presaging what's ahead for the politically charged areas of health care litigation.
President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.
A D.C. federal judge on Tuesday upheld the Trump administration's so-called price transparency rule requiring hospitals to disclose health care service prices that have largely been kept secret, rejecting claims that the new disclosure requirements violate hospitals' constitutional rights.
Insurance companies will face unique challenges if a major hurricane strikes before the conclusion of the pandemic, so they should prepare for the possibility of depleted resources and socially distant claims investigations, say attorneys at Zelle.
As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.
The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.
The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.
Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.
To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.
The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.
A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.
Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.