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HTMLThe Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 16, 2014
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?

 

HTMLFederal Judge Rules to Allow Extrapolation on More Than 50,000 Patient Admissions in FCA Case
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 6, 2014
Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 patient admissions by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False...

 

HTMLFront End Changes and, Again, More DIR Columns
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 17, 2014
Since the beginning of the Medicare Part D program, CMS has introduced many reporting mechanisms for trying to understand drug pricing, price concessions, and the cost of providing services to Part D members. The tool CMS has turned to most often is the direct and indirect remuneration...

 

HTMLLife Care Centers Seeks Sixth Circuit Review of Decision Allowing Statistical Sampling/Extrapolation in FCA Case
Laurence J. Freedman, Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 16, 2014
Last week, we posted about U.S. District Court Judge Harry Mattice’s September 29th ruling that government attorneys could extrapolate from a small sample of patient admissions to over 50,000 patient admissions (and over 150,000 claims) by Life Care Centers of America, Inc. (a nursing home...

 

HTMLKeep Your Hands Off the Customers ... and the Cows
Jennifer B. Rubin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 17, 2014
A federal district court in Washington has confirmed that an employer’s relationship with the cows that its employees serviced is insufficient to establish a legitimate protectable interest to enforce a non-compete.

 

HTMLSupreme Court Examines Boundaries of Antitrust Immunity in North Carolina State Board of Dental Examiners v. FTC
Dionne C. Lomax; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 20, 2014, previously published on October 15, 2014
On October 14, 2014, the United States Supreme Court heard oral arguments in North Carolina State Board of Dental Examiners v. FTC, a U.S. Court of Appeals Fourth Circuit decision upholding an FTC finding that the North Carolina State Board of Dental Examiners (the “Board”) did not...

 

HTMLCPSC Clarifies Changes to Monthly Recall Report Form
Matthew Cohen, Matthew R. Howsare, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 20, 2014, previously published on October 13, 2014
In May, we advised readers conducting recalls that the CPSC’snew monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall notification statistics on social media platforms like...

 

HTMLDriver’s Licenses for DACA Beneficiaries
Barbara Chin, William L. Coffman, Susan J. Cohen, Angel Feng, Michele D. Frangella; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
According to The Huffington Post, the State of Arizona and the US Federal Government are once again tussling over domain with regard to benefits based on immigration status. This round it’s driver’s licenses and DACA beneficiaries.

 

HTMLFail to Pay Wages in D.C. and Get Sued With Some of Your Closest Friends (and Contractors)
Tyrone P. Thomas; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
If you are a D.C. employer, temporary staffing agency, contractor or subcontractor, you have yet another wage and hour law to contend with: The Wage Theft Prevention Amendment Act of 2014. Among other things, the law introduces new penalties for failure to pay earned wages and exposes to liability...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 11: Rethinking ACA Compliance Strategies Involving Reference Pricing Models and “MVP” Arrangements
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
Under the Affordable Care Act’s rules governing employer shared responsibility—which are codified in Internal Revenue Code § 4980H—where an applicable large employer makes an offer of group health plan coverage that is both “affordable” and provides “minimum...

 


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