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HTMLData Breach Class Action Plaintiffs Lack Standing
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 18, 2015, previously published on May 15, 2015
A 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).


HTMLWellness Programs Alive and Well?
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Paul R. Lang, Carol A. Weiser; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
The 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...


HTMLHospital CEO Blows Whistle
Catherine A. Bledsoe; Gordon Feinblatt LLC;
Legal Alert/Article
April 15, 2015, previously published on Spring 2015
A 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,...


HTMLACA 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;
Legal Alert/Article
April 14, 2015, previously published on March 4, 2015
The 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...


HTMLMore Risk for All and “Free” Care?
Vinay Bhupathy, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
While 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...


HTMLMaryland’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;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In 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...


HTMLObstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
On 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,...


HTMLFederal 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;
Legal Alert/Article
March 26, 2015, previously published on March 5, 2015
Last 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...


HTMLFirst Risperdal Trial Ends With $2.5 Million Verdict Against J&J
Lieff Cabraser Heimann Bernstein LLP;
Legal Alert/Article
March 24, 2015, previously published on February 25, 2015
A Philadelphia jury returned a $2.5 million verdict against healthcare giant Johnson & Johnson for a 20-year-old autistic man from Alabama who allegedly developed large breasts as a teenager while prescribed the antipsychotic medication Risperdal. The lawsuit charged that Johnson & Johnson...


HTMLHealth Care E-lert - The Supreme Court Appears Closely Divided on the Fate of Tax Credits Under the Affordable Care Act
GrayRobinson P.A.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
The 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...


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