JURIST

NOVEMBER 7, 2023

US District Court Judge Jerry Pappert limited the liability of opioid distributor Cencora (previously known as Amerisourcebergen) on Monday in the case US v. Cencora , which is a case alleging the company failed to report thousands of suspicious opioid prescriptions, fueling the opioid epidemic.

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Paralegal Bootcamp

AUGUST 5, 2021

Know the Statute of Limitations Period. The statute of limitations is a time limit on a particular cause of action. The failure to commence a lawsuit within this time period will likely result in the lawsuit being dismissed by a court. While this is an issue that concerns the lawyers, it affects the entire firm—including you.

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Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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JURIST

JULY 26, 2022

The US Court of Appeals for the Second Circuit Monday rejected an appeal from Pfizer Inc. The Inspector General said that the program would violate the federal Anti-Kickback Statute (AKS), a law meant to prevent fraud and abuse in connection with Medicare and Medicaid.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Facts of the Case Petitioner David Dubin was convicted of healthcare fraud under 18 U.S.C. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. 1028A(a)(1).

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JURIST

MARCH 1, 2022

According to the Ministry of Healthcare of Ukraine, at least 352 civilians, including 14 children were killed. On 27 February, President Zelensky announced that Ukraine had submitted its application against Russia to the International Court of Justice (“ICJ”). Ukraine has not yet become a State Party to the Rome Statute of the ICC.

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JURIST

APRIL 28, 2022

The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes.

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Mondaq

MAY 9, 2022

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the.

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FDA Law Blog

JUNE 15, 2022

The hospitals argued that the profits helped them offset the considerable costs of providing healthcare to the uninsured and underinsured in low-income and rural communities, something that Congress was well aware of and intended when it passed the Medicare Prescription Drug, Im­provement, and Modernization Act in 2003. See 42 U.S.C.

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FDA Law Blog

OCTOBER 3, 2022

district court of Massachusetts by former employee and whistleblower Michael Bawduniak in April 2012 as a qui tam action. Department of Health and Human Services (HHS) and the Department of Justice (DOJ) have aggressively pursued antikickback cases in the healthcare industry. Wasserstein — On September 26, 2022, Biogen Inc.

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Day on Torts

APRIL 15, 2021

Defendant argued that plaintiff’s claim could not stand because it was “premised solely on vicarious liability, but the underlying claims against the alleged agents were barred by the statute of limitations at the time suit was filed against [defendant].” Methodist Healthcare-Memphis Hospitals , 325 S.W.3d 3d 98 (Tenn. 3d 98 (Tenn.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C. Issues Before the Supreme Court. Facts of the Case.

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. Background. Greber, 760 F.2d 2d 68, 71 (3d Cir.), denied, 474 U.S.

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SCOTUSBlog

JUNE 11, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, First Amendment challenges to the use of membership fees by a union or bar association to engage in political speech, as well as the definition of a state “tax” under the federal Tax Injunction Act. Oregon State Bar.

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Mondaq

OCTOBER 15, 2021

On July 21, 2021, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5.

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At the Lectern

JUNE 17, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Supreme Court will answer Ninth Circuit products failure-to-warn questions Justice Liu separate statements on parole, sentencing rights. The court granted review in Meinhardt v. The court denied review in Crenshaw Subway Coalition v.

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Day on Torts

JANUARY 23, 2023

6, 2023), plaintiff husband and wife filed a healthcare liability action based on alleged negligence related to the treatment of husband’s broken hip. Plaintiff argued that the substitution was not necessary because plaintiff wife was already a party to the matter and was also the “surviving plaintiff” under the wrongful death statutes.

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FDA Law Blog

NOVEMBER 30, 2022

Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C

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FDA Law Blog

JANUARY 6, 2022

Until recently, no federal court had had occasion to interpret EKRA. That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. The district court was required to engage in statutory interpretation to answer this question.

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At the Lectern

JULY 24, 2023

” The court’s unanimous opinion by Justice Leondra Kruger doesn’t require reimbursement in this case, but directs the Department to reevaluate the case under correct legal principles. ” The court reverses the Third District Court of Appeal’s unpublished opinion. Case briefs — see here.

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At the Lectern

AUGUST 21, 2024

Here are some highlights from today’s Supreme Court conference : Arbitration? : The court granted review in Holland v. Silverscreen Healthcare. ” The appellate court rejected the argument that the wrongful death claim is one for dependent adult abuse, not professional negligence. Podolsky (2010) 50 Cal.4th

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At the Lectern

JANUARY 7, 2022

At the Supreme Court’s first conference of 2022, with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement at the end of October, actions of note included: Medicare Preemption : The court granted review of an unpublished opinion , in Quishenberry v. United Healthcare Services, Inc.

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SquirePattonBoggs

JANUARY 13, 2022

In two separate opinions, the Supreme Court, as appeared likely from oral argument, stayed the OSHA mandate but declined to stay the CMS mandate. The Court likewise issued a per curiam opinion for the CMS mandate, which it upheld. The decision we’ve all been waiting for finally arrived today.

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Day on Torts

APRIL 25, 2022

Plaintiff argued that the arbitration agreement was not enforceable because the POA did not mention the authority to make health care decisions, and the trial court agreed, denying the motion to compel arbitration. The Court of Appeals cited extensively from a federal district court case while analyzing this issue, noting that Tenn. . §

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At the Lectern

OCTOBER 3, 2024

The Supreme Court granted review in three criminal cases at its conference yesterday. The court granted review in People v. The court hasn’t limited the issues, but we haven’t seen the petition for review, which might have raised only one issue. The court also agreed to hear People v. Wiley (see here ).

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Patently O

SEPTEMBER 26, 2022

Import Ban (Source: Fierce Healthcare). Blake Brittain: Apple Asks Appeals Court to Overturn $502 Million Verdict in VPN Patent Case (Source: Reuters). Brandon Heard: Ontario Court of Appeal Affirms Dismissal of Apotex’s Statutes of Monopolies and Trademarks Act Claims Regarding Olanzapine (Source: JD Supra).

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Day on Torts

MARCH 11, 2022

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. In Welch v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis , No.

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Patently O

AUGUST 5, 2024

Instead, the court emphasized that § 102(b)(2)(B) is to protect inventors only inventors who share their inventions with the public before filing a patent application. Reasonably Available to the Public : The court focused on several key precedents in reaching its decision. In Helsinn Healthcare S.A. Wells Elecs., 333 (1881).

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FDA Law Blog

MARCH 24, 2024

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state.

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FDA Law Blog

JANUARY 6, 2022

Until recently, no federal court had had occasion to interpret EKRA. That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. The district court was required to engage in statutory interpretation to answer this question.

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SCOTUSBlog

JULY 22, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Court of Appeals for the 5th Circuit. Issues : (1) Whether the U.S.

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Day on Torts

APRIL 21, 2021

Where an HCLA plaintiff sent pre-suit notice to twenty-one healthcare providers but failed to provide HIPAA authorizations for at least nineteen of those providers, dismissal was affirmed. Defendants] were therefore denied a benefit conferred by the statute, sufficient to demonstrate prejudice…. W2019-01448-COA-R3-CV (Tenn.

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At the Lectern

JULY 13, 2023

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

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Day on Torts

APRIL 1, 2022

Bradley Healthcare and Rehabilitation Center , No. Because the trial court considered this deposition of the NP filed by defendant, the motion should have been considered a motion for summary judgment.) The trial court found that plaintiff had complied with the HCLA, ruling that Exhibit 7 “satisfied the requirements[.]”

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Patently O

JULY 17, 2022

An important drug case involving this situation is pending on petition for certiorari before the Supreme Court. Teva has petitioned its “skinny label” induced infringement loss to the Supreme Court–seeking a ruling that the FDA-approved process creates a limited safe harbor for its label content. Teva Pharms.

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Day on Torts

NOVEMBER 19, 2020

Before filing this healthcare liability suit, plaintiff sent pre-suit notice as required by the HCLA, including a HIPAA authorization pursuant to Tenn. The trial court agreed, dismissing the case, and the Court of Appeals affirmed. The Court of Appeals therefore affirmed dismissal on the grounds that the suit was untimely.

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Blumberg

MAY 25, 2021

This update complies with amendments to the Power of Attorney Statute that takes effect June 13, 2021. For over 100 years courts have relied on Blumberg Powers of Attorney forms. Now, any institution which unreasonably delays/refuses to uphold or act upon a duly executed form may be subject to sanctions by a court.

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