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HTMLMaryland 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;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In 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...


HTMLThe 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.;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
On 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...


HTMLU.S. Appeals Court Upholds Long-Fought FTC Challenge to Ohio Hospital Merger
Michael A. Gleason, Toby G. Singer; Jones Day;
Legal Alert/Article
May 2, 2014, previously published on April 2014
A 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...


HTMLRational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
April 4, 2014, previously published on March 28, 2014
Late 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...


HTMLU.S. Government and USPTO Urges Federal Circuit to Dismiss Stem Cell Appeal
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
February 5, 2014, previously published on February 3, 2014
On 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...


HTMLPlaintiffs Beware - Case Law Updates
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
Two 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...


HTMLAppellate Division Reverses Award to Petitioner in Occupational Pulmonary Case
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 18, 2013, previously published on December 13, 2013
Anthony 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...


HTMLHowell Case Expanded to Include Future Damages
Lindsay A. Goulding, Colleen R. Howard, David A. Melton; Porter Scott A Professional Corporation;
Legal Alert/Article
November 27, 2013
Recently, the California Court of Appeal for the Second Appellate District issued its opinion in Corenbaum v. Lampkin. In that case, Defendant Dwight Lampkin collided with a taxicab and caused injuries to Plaintiffs Corenbaum and Carter, who were passengers in the taxicab. Corenbaum and Carter sued...


HTMLD.C. Court of Appeals Holds that Trial Court Abused Its Discretion by Excluding Causation Testimony of Plaintiff’s Medical Expert in Medical Malpractice Case
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
November 22, 2013, previously published on November 2013
This case involves a medical malpractice claim advanced by the Plaintiff, whose wife had died at Georgetown University Hospital from severe liver failure. Plaintiff brought a medical malpractice action against his wife’s treating physicians, alleging failure to timely diagnose his...


HTMLIndiana Court of Appeals Rules Medtronic, Inc. Lawsuit Not Preempted by Federal Law When Oral Representations by Employees Relate to Device’s Performance and not to the Device’s Labeling, Design or Manufacture
Richard W. Swett; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 4, 2013, previously published on October 29, 2013
The Indiana Court of Appeals recently affirmed a trial court’s decision that a plaintiff’s negligence claim against a medical device company, whose employees consulted during a medical procedure, was not preempted by federal law. The court reasoned that the representatives from the...


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