JURIST

MARCH 26, 2024

The US Supreme Court heard arguments Monday on whether Indian Health Services (IHS) should be reimbursed for “contract support costs” associated with third parties, such as Medicare and Medicaid. The Supreme Court heard this issue because of the split among the circuit courts.

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Contract Healthcare Court Construction 118

JURIST

JUNE 14, 2024

Over an 85-day offensive, the report says the forced systematically attacked “objects indispensable to survival” (OIS) of civilians, including energy, water, food distribution points, and healthcare facilities. These attacks severely restricted access to fundamental civilian infrastructure and humanitarian aid.

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Statute Healthcare Laws Court 197

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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Personal Injury Paralegal Paralegals Law Firm 246

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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Statute Court Tort Healthcare 59

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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Court Rules Laws Court Healthcare 104

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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Statute Healthcare Court Constitutional Law 52

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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Statute Legal Legal Healthcare 197

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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Compensatory Damages Contract Contract Law Statute 195

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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Healthcare Statute Court Decisions Court 40

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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Statute Court Court Decisions Healthcare 52

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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Healthcare Statute Manufacturing Government 105

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.

Statute 52

Statute Court Laws Healthcare 52

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.

Healthcare 52

Healthcare Court Felony Statute 52

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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Mens Rea Statute Healthcare Manufacturing 83

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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Healthcare Attorney Manufacturing Statute 104

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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Statute Healthcare Court 40

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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Court Felony Healthcare Statute 63

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

Manufacturing 72

Manufacturing Healthcare Contract Government 72

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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Court Statute Contract Litigating 52

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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Healthcare Education Statute Government 40

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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Healthcare Government Immigration Criminal Law 79

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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Statute Court Healthcare Laws 111

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.

Manufacturing 59

Manufacturing Contract Laws Statute 59

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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Court Statute Contract Litigating 40

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.

Manufacturing 60

Manufacturing Healthcare Court Statute 60

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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Attorney Real Estate Healthcare Statute 45

Patently O

AUGUST 9, 2022

Accord Healthcare, Inc., The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. Written description is a question of fact, and that the district court made a number of factual findings based upon evidence presented at the bench trial.

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Healthcare Court Law School Statute 61

Patently O

MARCH 4, 2024

It held that under pre-AIA Federal Circuit precedent, a patentee’s sale of a product made by a secret process placed the process “on sale” under the statute, thus invalidating later patent claims to the process. But, the problem is that the statute expressly asks whether the invention was “on sale.”

Manufacturing 40

Manufacturing Statute Healthcare Court 40

Day on Torts

AUGUST 19, 2021

Defendant filed a motion to dismiss, which the trial court granted and the Court of Appeals affirmed. The Court pointed out that the motion in Martin was a motion for summary judgment, which is why the Court therein cited Rule 56, but that the Martin opinion held that “a Rule 12.02(6) internal citation omitted).

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Court Healthcare Statute Court Rules 52

At the Lectern

JULY 27, 2023

Supreme Court actions of note at its conference yesterday included: Supreme Court clears the way for two more gubernatorial pardons. In an unpublished opinion , the Sixth District Court of Appeal in Capito v. The Supreme Court also made another Division Two case — In re Robert F. Undisclosed hospital fee.

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Statute Court Calendaring Healthcare 40

FDA Law Blog

JUNE 16, 2023

Importantly, “price increase” is not defined in this statute. It appears not to mean a WAC increase, because the term WAC is specifically used in defining the price increase triggers, but not in reference to the manufacturer’s price increase. A range of steep penalties could befall a manufacturer who violates this prohibition.

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Manufacturing Calendaring Healthcare Statute 45

MyCase

AUGUST 16, 2022

The article also states, “It is critically important to understand the labyrinth of potentially applicable ethics rules that intertwine with certain court rules on retirement.”. Review Active Cases and Address Pending Court Dates. Prior to retirement, lawyers need to deal with open cases, pending court dates, and active client files.

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Lawyers Lawyer Law Firm Law Firms 52

SCOTUSBlog

NOVEMBER 15, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Since our last installment , the Supreme Court has continued slowly chipping away at the still-sizable number of lingering relists from the end-of-summer “long conference.” Court of Appeals for the D.C.

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Healthcare Contract Court Government 112

JURIST

MARCH 7, 2025

Maricopa County Superior Court of Arizona ruled Wednesday that Arizona’s abortion ban after 15 weeks of pregnancy was unconstitutional and permanently enjoined Arizona employees from enforcing the abortion ban. Arizona Attorney General Kris Mayes stated she would “not enforce it even if the court upheld the ban.”

Court Rules 129

Court Rules Healthcare Court Statute 129

JURIST

APRIL 23, 2025

To achieve this, HRW recommends giving the International Criminal Court (ICC) jurisdiction to investigate and prosecute crimes in Lebanon. Lebanon is not a member of the Rome Statute. Despite this, States can grant the ICC jurisdiction to investigate and prosecute crimes in their territories through a declaration.

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Healthcare Statute Government Laws 104

JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The plaintiffs contend that the mandate violates the First Amendment of the US Constitution.

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Court Statute Laws Healthcare 208

SCOTUSBlog

APRIL 2, 2025

Share The Supreme Court on Wednesday was divided over whether Planned Parenthood has a legal right under federal civil rights laws to challenge the order by South Carolinas governor barring abortion clinics, including Planned Parenthood, from participating in Medicaid. Congress, she emphasized, enacted the Medicaid Act a long time ago.

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Court Statute Cause of Action Laws 74