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HTMLNinth Circuit Clarifies Scope of Mass Action Federal Jurisdiction and Removal
Karin Bohmholdt, Benjamin S. Kurtz, Ginger Pigott; Greenberg Traurig, LLP;
Legal Alert/Article
January 23, 2015, previously published on November 26, 2014
In 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...

 

HTMLSaskatchewan Repeals its OHS Act and brings into force a new Employment Act
Tari M. Hiebert, Jennifer A. Miller; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on May 5, 2014
If 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...

 

HTMLTrial 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;
Legal Alert/Article
January 16, 2015, previously published on November 2014
In 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”)....

 

HTMLThe 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.;
Legal Alert/Article
January 13, 2015, previously published on December 16, 2014
Many 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...

 

Adobe PDFHospitals Cannot Place Liens on AHCCCS Patients' Third Party Recoveries
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
January 12, 2015
In 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...

 

HTMLWill Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The 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...

 

HTMLTenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 5, 2014
The 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...

 

HTMLOH&S Month Part 3: Annual Review Of Your Bullying and Harassment Policies
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The 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.

 

HTMLWhistleblowing Trumps Medical Staff By-Laws
Catherine A. Bledsoe; Gordon Feinblatt LLC;
Legal Alert/Article
November 10, 2014, previously published on Fall 2014
The 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...

 

HTMLFederal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 21, 2014
On 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...

 


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