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Documents on Litigation, Pharmaceuticals, Health Care
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|Courts Issue Conflicting Rulings on ACA Subsidies|
Russell Orban; Husch Blackwell LLP;
July 28, 2014, previously published on July 23, 2014The Patient Protection and Affordable Care Act (ACA) has always faced tremendous challenges due to the sheer magnitude of both the changes it authorized and the people it will impact. Now two different Federal Circuit Courts of Appeal have made the law’s implementation even more difficult by...
|Affordable Care Act May Be Headed to the Supreme Court (Again)|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 25, 2014The Affordable Care Act (ACA) appears on a crash course for the Supreme Court, again, after a pair of conflicting court rulings. Two federal Appeals Courts issued conflicting rulings Tuesday in lawsuits that challenge the subsidies that the ACA provides to help people cover the cost of their...
|Any Port in a Storm: The Hatch-Waxman’s (Ever Expanding) Safe Harbor Provision|
Andrew P. Ritter; Sughrue Mion PLLC;
July 25, 2014, previously published on July 2014Thomas Jefferson, Benjamin Franklin, and the multitude of men and women who helped establish the United States were visionaries in many ways. One of the most important of which was to provide Congress with the power “to promote the Progress of Science and useful Arts, by securing for limited...
|The Federal Court finds two Generic Company’s Allegations to be Unjustified|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
July 21, 2014, previously published on July 10, 2014Two PM (NOC) decisions relating to the same patent were recently released by the Federal Court. In both cases, the applications were allowed, prohibiting the Minister from issuing an NOC to both Cobalt and Apotex for their generic versions of Allergan’s drug. The Court’s reasons are...
|Even in Privacy Cases, Risk of Injury Does not Always Equal Injury|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 18, 2014, previously published on July 16, 2014It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury? A recent Illinois state...
|Canada Patent Litigation: Federal Court Rules “Enhanced Disclosure” Requirement for Sound Prediction Applies Only To “New Use” Patents|
Sanjaya Mendis, David Tait; McCarthy Tétrault LLP;
July 17, 2014, previously published on July 11, 2014On July 2, 2014, Mr. Justice Rennie of the Federal Court released his judgment and reasons in Astrazeneca Canada Inc v. Apotex Inc., 2014 FC 638 dismissing AstraZeneca’s action for infringement and granting Apotex’s counterclaim for a declaration that Canadian Patent 2,139,653 (the...
|Supreme Court Rules Some Employers Exempt From ACA Contraception Mandate|
Craig O. Sieverding; Davis, Brown, Koehn, Shors & Roberts, P.C.;
July 15, 2014, previously published on July 1, 2014In a widely anticipated decision issued on June 30, 2014, the United States Supreme Court held that the contraceptive mandate in the Affordable Care Act, as it applies to closely-held corporations, violates the Religious Freedom Restoration Act.
|The Affordable Care Act—Countdown to Compliance for Employers, Week 25: What Hobby Lobby Means for the Affordable Care Act—Absolutely Nothing|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 10, 2014, previously published on July 7, 2014To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, any time the Supreme Court weighs in on bed-rock constitutional principle—particularly as it affects the church-state...
|The Supreme Court of Appeals of West Virginia clarified the limits on punitive damages and the scope of the states Medical Professionals Liability Act, Nursing Home Act, and law of fiduciary duty in nursing home negligence cases.|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 9, 2014, previously published on June 2014In Manor Care, Inc. v. Douglas, a case involving the appeal of a $91.5 million jury verdict in a nursing home negligence case, the Supreme Court of Appeals of West Virginia held that: (1) the verdict form did not allow the jury to award damages to non-parties, (2) the Medical Professionals...
|Impact of Hobby Lobby: Closely Held Corporations May Object to ACA’s Contraceptive Mandate|
Goldberg Segalla LLP;
July 8, 2014, previously published on July 2, 2014In a highly anticipated decision in Burwell v. Hobby Lobby, 573 U.S. --- (June 30, 2014), the United States Supreme Court ruled that the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) as applied by the Department of Health and Human Services (HHS) to closely held...