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Documents on Litigation, Pharmaceuticals, Health Care
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|Data Breach Class Action Plaintiffs Lack Standing|
Sutherland Asbill Brennan LLP;
May 18, 2015, previously published on May 15, 2015A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015).
|Wellness Programs Alive and Well?|
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Paul R. Lang, Carol A. Weiser; Sutherland Asbill & Brennan LLP;
April 24, 2015, previously published on April 23, 2015The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations under the Americans with Disabilities Act (ADA) regarding employer-provided wellness programs that were published in the Federal Register on April 20, 2015. The proposed regulations are intended to reconcile rules...
|Hospital CEO Blows Whistle|
Catherine A. Bledsoe; Gordon Feinblatt LLC;
April 15, 2015, previously published on Spring 2015A federal appeals court recently held, in United States v. Health Management Associates, that a hospital executive's first-hand knowledge of the hospital's business practices provided a sufficient basis for him as a relator to state a qui tam claim against the hospital under the False Claims Act,...
|ACA Subsidies Face Final Test Before the US Supreme Court|
John R. Feore, III, Bruce Merlin Fried, Charles A. Luband, Mark W. Weller; Dentons Canada LLP;
April 14, 2015, previously published on March 4, 2015The US Supreme Court (the "Court") heard oral arguments today in King v. Burwell, a case that could significantly impact the viability of the Affordable Care Act (ACA). In this case, the Court is being asked to decide whether federal tax subsidies are available for use only on health...
|More Risk for All and “Free” Care?|
Vinay Bhupathy, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
March 31, 2015, previously published on March 20, 2015While the Supreme Court continues to debate the outcome of King v. Burwell in their chambers, stakeholders must be prepared for the potential fallout the nine justices’ ruling may have. Two weeks ago, we summarized the underpinnings of the case and last week, we reviewed the impact of a...
|Obstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on January 2015On November 4, 2010, Cierra Randolph presented to the Obstetrics and Gynecology Department at Maryland General Hospital at 37 weeks for the onset of labor. During the preliminary exam, the labor and delivery nurse did not find a fetal heartbeat, and immediately contacted the attending obstetrician,...
|Maryland’s Intermediate Appellate Court Adopts Section 3.07 of Restatement (Third) of Agency, and Finds Corroboration Unnecessary to Support Admissibility of Habit Evidence|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on February 2015In Rosebrook v. Eastern Shore Emergency Physicians LLC, Maryland’s intermediate appellate court addressed issues of agency law and evidence. Specifically, the Court held that an attorney had the authority to act on behalf of a deceased client to pursue an appeal when that attorney has noted...
|Federal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers - Both Non-Profit and For-Profit|
Ingrid Bagby, Erik Graham-Smith, Pamela Landman, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
March 26, 2015, previously published on March 5, 2015Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors - in...
|Omnicare Opinion Expands Liability for Expressions of Opinion Under Section 11|
Brittany M. Cambre, Samuel J. Casey, Patricia A. Gorham, Joel J. Hughey, Peter Ligh; Sutherland Asbill & Brennan LLP;
March 26, 2015, previously published on March 25, 2015The Supreme Court, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (March 24, 2015), expanded the scope of liability for expressions of opinions under Section 11 of the Securities Act of 1933. While keeping to a relatively constrained view of the...
|Health Care E-lert - The Supreme Court Appears Closely Divided on the Fate of Tax Credits Under the Affordable Care Act|
March 24, 2015, previously published on March 4, 2015The US Supreme Court heard oral arguments on Wednesday, March 4, 2015 in King v. Burwell to determine the interpretation of a six-word phrase in the Affordable Care Act (“ACA”). The six-word phrase states the federal government can offer tax credits in the form of subsidies to help...