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Documents on Litigation, Pharmaceuticals, Health Care
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|Ninth Circuit Clarifies Scope of Mass Action Federal Jurisdiction and Removal|
Karin Bohmholdt, Benjamin S. Kurtz, Ginger Pigott; Greenberg Traurig, LLP;
January 23, 2015, previously published on November 26, 2014In Corber v. Xanodyne Pharm., Inc., and Romo v. Teva Pharmaceuticals USA, Inc., &under;&under; F.3d &under;&under; (Case No. 13-56306 and 13-56310), 2014 WL 6436154 (9th Cir. Nov. 18, 2014), the Ninth Circuit, sitting en banc, held that a petition to coordinate multiple actions under California...
|Saskatchewan Repeals its OHS Act and brings into force a new Employment Act|
Tari M. Hiebert, Jennifer A. Miller; Bennett Jones LLP;
January 19, 2015, previously published on May 5, 2014If you are doing business in Saskatchewan, you should consider whether this legal change applies to your operations. If it does, you should also stay alert to the next expected changes. This is particularly the case if you own worksites, as you may need to amend your contracts and your OHS...
|Trial Court Properly Granted Defendant Health Care Providers’ Motions to Dismiss Because They Were Immune From Liability Under Involuntary Admittance Statute, MD. CODE ANN, HEALTH GEN. § 10-618|
Paul N. Farquharson; Semmes, Bowen & Semmes A Professional Corporation;
January 16, 2015, previously published on November 2014In Williams v. Peninsula Regional Medical Center, No. 18 (Court of Appeals of Maryland, November 21, 2014), Charles Williams, Jr. (“Mr. Williams”), age 34, was brought to Peninsula Regional Medical Center (“PRMC”) by his mother, Gineene Williams (“Ms. Williams”)....
|The Affordable Care Act—Countdown to Compliance for Employers, Week 2: Explaining the Look-Back Measurement Method to Employees|
Alden J. Bianchi, Edward A. Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 13, 2015, previously published on December 16, 2014Many applicable large employers—i.e., employers that are subject to the Affordable Care Act’s (ACA) employer shared responsibility rules—have a pretty good sense of what these rules are, how they work, and what they plan to do to comply. A subset of these employers has gained a...
|Hospitals Cannot Place Liens on AHCCCS Patients' Third Party Recoveries|
Jones Skelton Hochuli P.L.C.;
January 12, 2015In Abbott v. Banner Health Network, the Arizona Court of Appeals recently handed down this decision holding that hospitals that accept payment from the Arizona Health Care Cost Containment System (“AHCCCS”) for services to AHCCCS patients cannot later impose or enforce liens on funds...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|Tenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case|
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
December 8, 2014, previously published on November 5, 2014The U.S. District Court for the Eastern District of Tennessee answered what it acknowledged was a novel question: whether statistical sampling and extrapolation are appropriate to establish liability under the False Claims Act (FCA). The court found the government could extrapolate from a sample of...
|OH&S Month Part 3: Annual Review Of Your Bullying and Harassment Policies|
Donovan Plomp; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 4, 2014The deadline for compliance with WorkSafeBC’s bullying and harassment policies was last November 1, 2013. We’d like to remind all BC employers that certain obligations under the policies require an annual review.
|Whistleblowing Trumps Medical Staff By-Laws|
Catherine A. Bledsoe; Gordon Feinblatt LLC;
November 10, 2014, previously published on Fall 2014The California Supreme Court recently held, in Fahlen v. Sutter Central Valley Hospitals, that a physician could sue a hospital under the State's whistle-blower statute for terminating the physician's privileges in retaliation for his reports of substandard care by hospital nurses, without the...
|Federal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
October 30, 2014, previously published on October 21, 2014On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be surprising, with two opinions concurring in the denial and two dissenting, it is...