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|FTC v. St. Luke's Health System, Ltd.: Ninth Circuit Holds that Acquisition of Physician Group Practice Violates Antitrust Laws, Requires Divestiture|
Peter M. Boyle, Christina E. Fahmy, Cybil Roehrenbeck Gregory; Kilpatrick Townsend Stockton LLP;
February 26, 2015, previously published on February 11, 2015 On February 10, 2015, the Ninth Circuit affirmed a district court ruling in favor of the Federal Trade Commission that the acquisition of an Idaho physician group practice by St. Luke’s Health System violated the antitrust laws, specifically Section 7 of the Clayton Act. Closely watched by...
|Informed Consent Discussions Excluded in Medical Malpractice Case|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
February 25, 2015, previously published on December 2014In Fiorucci v. Chinn, No. 131869 (Supreme Court of Virginia, October 31, 2014), the Court examined the admissibility of certain informed consent discussions between a patient and his oral surgeon in a medical malpractice case involving a wisdom tooth extraction. The trial court excluded evidence of...
|Traditional Contract Rules Determine Whether Retirees Are Entitled to Lifetime Healthcare Benefits|
Jason Brown; Fisher & Phillips LLP;
February 17, 2015, previously published on January 26, 2015Today, in a unanimous decision, the U.S. Supreme Court held that courts must apply ordinary rules of contract interpretation when determining whether retiree healthcare benefits vest for life pursuant to the terms of a collective bargaining agreement. Writing for the Court, Justice Thomas wrote a...
|AZ Supreme Court Holds AZ Legislators Have Standing to Challenge AZ Law, But Media Mischaracterizing the Lawsuit|
February 16, 2015, previously published on January 5, 2015You know the old adage, ¿Believe none of what you hear, and only half of what you see?¿ ¿Benjamin Franklin.
|Ninth Circuit Clarifies Scope of Mass Action Federal Jurisdiction and Removal|
Karin Bohmholdt, Benjamin S. Kurtz, Ginger Pigott; Greenberg Traurig, LLP;
January 23, 2015, previously published on November 26, 2014In 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...
|Saskatchewan Repeals its OHS Act and brings into force a new Employment Act|
Tari M. Hiebert, Jennifer A. Miller; Bennett Jones LLP;
January 19, 2015, previously published on May 5, 2014If 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...
|Trial 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;
January 16, 2015, previously published on November 2014In 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”)....
|The 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.;
January 13, 2015, previously published on December 16, 2014Many 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...
|Hospitals Cannot Place Liens on AHCCCS Patients' Third Party Recoveries|
Jones Skelton Hochuli P.L.C.;
January 12, 2015In 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...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The 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...