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Documents on Appellate Practice, Health Care
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|Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law|
Ryan Duffy, Lisa M. Harris, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
February 13, 2015, previously published on January 23, 2015On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his association with another person - in this case, his wife. In Jeffrey Chiara...
|Supreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.|
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
October 15, 2014, previously published on September 24, 2014In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...
|California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information|
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 2, 2014, previously published on September 22, 2014In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...
|Maryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
August 27, 2014, previously published on August 2014In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 22: Charting the Future of the Premium Subsidies (and Employer Penalties): Halbig v. Burwell and King v. Burwell|
Roy M. Albert, Alden J. Bianchi, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 29, 2014, previously published on July 28, 2014On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act...
|U.S. Appeals Court Upholds Long-Fought FTC Challenge to Ohio Hospital Merger|
Michael A. Gleason, Toby G. Singer; Jones Day;
May 2, 2014, previously published on April 2014A U.S. appeals court has upheld an administrative determination by the U.S. Federal Trade Commission that ProMedica Health System's acquisition of St. Luke's Hospital in Toledo, Ohio, violates the antitrust laws. The U.S. Court of Appeals for the Sixth Circuit opinion is the latest chapter in the...
|Rational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen|
Eric G. Pearson; Foley & Lardner LLP;
April 4, 2014, previously published on March 28, 2014Late last year the Seventh Circuit issued its decision in Planned Parenthood of Wisconsin, Inc. v. Van Hollen, No. 13-2726 (7th Cir. Dec. 20, 2013), a constitutional challenge to a new Wisconsin law (known as Act 37) that requires a doctor performing an abortion to have admitting privileges at a...
|U.S. Government and USPTO Urges Federal Circuit to Dismiss Stem Cell Appeal|
Antoinette F. Konski; Foley & Lardner LLP;
February 5, 2014, previously published on February 3, 2014On January 17, 2014, the United States government and the United States Patent and Trademark Office (collectively “the government”) responded to the Federal Circuit’s December 4, 2013 order inviting them to address whether Consumer Watchdog (“CW”) has Article III...
|Plaintiffs Beware - Case Law Updates|
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013Two decisions out of the Illinois Appellate Court, First District, are significant medical malpractice cases for physicians, hospitals, risk managers, insurance carriers and their counsel, one decision reflecting the importance of diligent opposition to plaintiff's late expert disclosures and the...
|Appellate Division Reverses Award to Petitioner in Occupational Pulmonary Case|
John H. Geaney; Capehart & Scatchard, P.A.;
December 18, 2013, previously published on December 13, 2013Anthony DiFabrizio worked for US Airways since 1985 at both Newark Airport and LaGuardia Airport. At Newark Airport he loaded and unloaded baggage from planes, trucks and conveyor belts, as well as driving equipment to push back planes from ramp areas. At LaGuardia he worked from 1995 to 2008 doing...