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Documents on Litigation, Pharmaceuticals, Health Care
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|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...
|Same-Sex Marriage Recognized in West Virginia - How Will This Impact Employer-Sponsored Health Plans?|
Jill E. Hall; Bowles Rice LLP;
October 22, 2014Today, the Attorney General and Governor of the State of West Virginia announced that West Virginia will no longer prohibit same-sex marriage, implementing a ruling of the United States Court of Appeals for the Fourth Circuit (the federal appeals court that encompasses West Virginia, Virginia,...
|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...
|Voters Will Soon Cast Vote on Proposed Constitutional Amendment to Legalize Medical Marijuana - A Summary of the Amendment|
October 14, 2014, previously published on October 8, 2014Amendment 2 will be on the November 4, 2014 election ballot, which if approved by the Florida voters, legalizes a broader use and possession of medical marijuana than the Compassionate Medical Cannabis Act of 2014 commonly referred to as "Charlotte's Web."
|The Missouri Supreme Court Rules That Parties May Have a Duty as a Joint Employer With Its Contractors Pursuant to the Missouri Minimum Wage Law|
Robert F. Chandler; Baker Sterchi Cowden & Rice, L.L.C.;
October 8, 2014, previously published on September 19, 2014On August 19, 2014, the Missouri Supreme Court overturned a summary judgment in the case of Andro Tolentino v. Starwood Hotels & Resorts Worldwide, et al., No. SC93379, ruling that a hotel chain may be liable to a non-employee plaintiff as a “joint employer” pursuant to the Missouri...
|Supreme Court Of Canada Denies Leave To Appeal From Decision Clarifying Available Disgorgement Remedies In Competition And Consumer Protection Claims|
Michelle T. Maniago, Alessandra V. Nosko; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 8, 2014On Thursday, September 4, 2014, the Supreme Court of Canada dismissed the plaintiffs’ motion for leave to appeal in Wakelam v. Wyeth Consumer Healthcare/Wyeth Soin de Sante Inc. The leave application arose from a 2014 British Columbia Court of Appeal decision that clarified whether plaintiffs...
|A (Second) Lawsuit Seeks to Compel Statutory Timeframe for Administrative Law Judge Review of Medicare Claims Appeals|
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
September 17, 2014, previously published on September 11, 2014On August 26th, the Center for Medicare Advocacy filed a nationwide class action lawsuit against the Secretary of Health and Human Services. The complaint alleges that, as implemented, the Medicare administrative review process is in violation of Medicare statutory obligations and the Fifth...
|Planned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases|
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
September 16, 2014, previously published on September 9, 2014In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...
|7th Circuit Defines "Worthless Services" Under the False Claims Act|
Eric G. Pearson; Foley & Lardner LLP;
September 9, 2014, previously published on September 4, 2014That’s the upshot from U.S. ex rel. Absher v. Momence Meadows Nursing Center, Nos. 13-1886 & 13-1936 (Aug. 20, 2014), a recent decision from the Seventh Circuit (authored by Judge Manion) that addressed the worthless-services theory of liability under the False Claims Act.