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|The Third Circuit Requires Plaintiff in Liability Settlement to Reimburse the Government For Conditional Medical Payments|
Fineman Krekstein Harris P.C.;
August 19, 2014, previously published on August 13, 2014In Taransky v. Sebelius, the Court of Appeals for the Third Circuit held that Taransky, the plaintiff in the underlying personal injury lawsuit, was required to reimburse Medicare for the conditional medical expenses it advanced on her behalf. No. 13-3483, 2014 U.S. App. LEXIS 14408 (3d Cir. July...
|Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?|
Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
August 19, 2014, previously published on August 12, 2014Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may harm competition or competitors. The Supreme Court has...
|ATA Issues Final Clinical Guidelines for Telepathology|
Nathaniel M. Lacktman; Foley & Lardner LLP;
August 19, 2014, previously published on August 13, 2014The American Telemedicine Association (ATA) released its new Clinical Guidelines for Telepathology this week. The Guidelines update the ATA’s original 1999 telepathology guidelines, offering healthcare providers new and updated guidance on the specific applications, practice, benefits, and...
|FDA to focus on Laboratory Developed Tests|
McDonald Hopkins LLC;
August 19, 2014, previously published on August 13, 2014The Food and Drug Administration (FDA) provided notice to Congress on July 31, 2014 of its intent to issue draft guidance regarding regulatory oversight of laboratory developed tests (LDTs), including reporting and premarket submission requirements. The FDA treats LDTs as a subset of in vitro...
|Trial Court Properly Excluded Defense Expert Testimony on Cigarette Smoking as Contributing to Plaintiff’s Lung Cancer in Asbestos Case|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
August 19, 2014, previously published on August 2014In Carter v. The Wallace & Gale Asbestos Settlement Trust (No. 84, Court of Appeals of Maryland, July 21, 2014), the primary issue was whether apportionment of damages was appropriate in the wrongful death and asbestos litigation context-specifically in a smoking lung cancer case....
|No Bones About It: Tenth Circuit Permits Narrowest Market Definition and Raises the Bar for an Entry Defense When Reinstating Monopolization Suit|
Robert G. Kidwell, Dionne C. Lomax, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 15, 2014, previously published on August 11, 2014On August 5, 2014, the Tenth Circuit Court of Appeals reinstated claims of monopolization and attempted monopolization under Section 2 of the Sherman Act brought by a manufacturer of surgical bone mills against a competitor. In reversing the district court's grant of summary judgment for the...
|Ohio Revises Durable Power Of Attorney for Health Care Law|
James R. Chriszt; Nicola, Gudbranson & Cooper, LLC;
August 15, 2014, previously published on Summer 2014Ohio recently revised the statute governing the durable power of attorney for health care to update several provisions and to cover certain issues that may arise involving guardianships. The changes allow for access to protected health information about the patient, regardless of whether the person...
|Most Favored Nation Clauses: Do they Limit Free Competition or are they Pro Competitive?|
Claudio Lizana, Lorena Pavic; Carey;
August 15, 2014Recently, the U.S. Department of Justice ("DOJ") began reviewing a number of contracts which it calls "contracts that reference rivals". One type of such contracts is those containing Most Favored Nation Clauses ("MFN Clauses").
|Dental Malpractice and the Standard of Care|
Hall Booth Smith P.C.;
August 14, 2014, previously published on August 7, 2014A dentist owes a legal duty to those persons with whom she has a dentist/patient relationship. This relationship is the basis of her legal obligation to reasonably treat and care for her patients. So what establishes a dentist/patient relationship?
|Court Dismisses Physician Lawsuit Seeking Information by Hospital in Assessing Potential Employment|
Gregory Rastatter; Heyl, Royster, Voelker & Allen Professional Corporation;
August 13, 2014, previously published on Summer 2014In Davis v. Kewanee Hospital, 2014 IL App (2d) 130304, the Second District of the Illinois Appellate Court rejected a physician's attempt to obtain records utilized by a hospital in assessing the physician's qualifications for potential employment. Kewanee Hospital had offered employment to Dr....