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HTMLEIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and Evidence Supporting Measures’ Effectiveness in Substantially Reducing Air Quality Impacts Blamed
Jeffrey W. Forrest, Zak Welsh; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 16, 2014, previously published on June 11, 2014
Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California Environmental Quality Act by failing to adequately (1) analyze the health...

 

HTMLU.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 13, 2014, previously published on May 27, 2014
The U.S. Supreme Court (“Court”) issued a 5-4 decision today in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”). The Court in Michigan v. Bay Mills...

 

HTMLCMS Proposes: Calculate Your Own Cap (CYOC)
Brian M. Daucher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
In its May 2014 publication of the 2015 Hospice Wage Index update, CMS proposes that hospices be required to calculate, report and pay their own hospice cap liability, with reports to be due five months past fiscal year end (i.e., by March 30 of each year after fiscal year end October 31).

 

HTMLMedicaid Enrollment Continues to Grow
Lauren Lee Tarantello; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on June 9, 2014
The U.S. Department of Health and Human Services (HHS) has reported that at the close of April, an additional 6 million Americans have enrolled in Medicaid and related health programs for the poor since the launch of coverage expansion as a result of the Affordable Care Act. In just the month of...

 

HTMLPennsylvania Appellate Court Finds Uniform Written Obligations Act Inapplicable to Covenants Not to Compete
Karin Hunter Johnson; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on June 4, 2014
In a case of first impression, the Pennsylvania Superior Court (one of Pennsylvania’s two state appellate courts) recently issued a ruling in Socko v. Mid-Atlantic Systems of CPA, Inc. (“Socko”), 1223 MDA 2013 (May 13, 2014), clarifying that compliance with Pennsylvania’s...

 

HTMLHouse Committee Questions Authority of a DHHS Staff Division to Regulate Health It
Rachel Landauer, Lynsey Mitchel; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
Is the Office of the National Coordinator for Health Information Technology (ONC) overstepping its statutory authority in pursuing enhanced regulatory activity? A June 3, 2014 letter from the House Committee on Energy and Commerce to ONC explores this very question.

 

HTMLCourts Still Searching for Sweet Spot in “Evaporated Cane Juice” Cases: Confusion Over Applicability of Primary Jurisdiction to ECJ Claims Continues
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
May 2014 was an active month for evaporated cane juice (“ECJ”) litigation in the U.S. District Court for the Northern District of California. Six courts issued opinions that involved the application of the primary jurisdiction doctrine to ECJ claims. The primary jurisdiction doctrine...

 

HTMLFTC v. Actavis on Remand: A New Chapter
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT) (N.D. GA April 21, 2014).

 

HTMLHall v. Rite Aid and the Return of the Underpants Gnomes
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on May 27, 2014
The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification. In a misunderstanding of a general class action principle discussed in Brinker Restaurant...

 

HTMLProposed Modifications to EHR Incentive Programs
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on May 27, 2014
Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition criteria. Now, CMS has issued a proposed rule in response to...

 


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