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|Hospital Stay Doesn’t Extend Statute of Limitations|
Michael A. Kurs; Pullman & Comley, LLC;
May 20, 2013, previously published on Spring 2013Sally Wojtkiewicz sued Middlesex Hospital for injuries resulting from a fall from her bed on May 28, 2006 claiming that employees' negligence caused her accident. She suffered injuries to her left arm and shoulder.
|An In-Depth Look at the Fraud Charges Against Vitas Hospice Services|
Waller Lansden Dortch Davis LLP;
May 17, 2013, previously published on May 15, 2013Earlier this month, the United States Department of Justice (“DOJ”) filed a suit against Vitas Hospice Services, L.L.C. and its subsidiary entities (“Vitas”) alleging that Vitas submitted false claims for hospice services which were excessive, unnecessary, or not provided,...
|$39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare|
Scott Ewing, Jeremy D. Kernodle; Haynes and Boone, LLP;
May 17, 2013, previously published on May 15, 2013Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government. United States ex rel. Drakeford v. Tuomey...
|Recent U.S. Supreme Court Decision on Warrantless Blood Draws Illustrates Need for Discussion Between Health Care Providers and Law Enforcement|
Jessica A. Cushard; Hinshaw & Culbertson LLP;
May 16, 2013, previously published on May 10, 2013 The U.S. Supreme Court recently affirmed a trial court’s decision to throw out blood evidence in a drunk driving investigation where the blood evidence was obtained through a warrantless, nonconsensual blood draw. Missouri v. McNeely, 599 U.S. --- (2013). This case illustrates the need for...
|Justice Department Increases Fraud Prosecution of Hospice Providers|
Latour "LT" Lafferty; Fowler White Boggs P.A.;
May 15, 2013, previously published on May 2013The Justice Department announced filing a False Claim Act (FCA) lawsuit against Chemed Corporation, and various owned hospice subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation, the largest for-profit hospice chain in the United States, alleging false Medicare...
|Don't Breach a Warranty through Failure to Fulfill a Third Party Contract|
Ellen Hughes-Jones, Geoff Mendelsohn; Edwards Wildman Palmer LLP;
May 15, 2013, previously published on May 2013When entering into a contract, one party may be asked to give warranties to the other party relating to a number of different aspects of the state of the company, including the status of and ability to perform any third party contracts that party may be involved in. The recent decision of the Court...
|Supreme Court Declares Limited Scope of State Marijuana Laws|
Carl L. Fessenden; Porter Scott A Professional Corporation;
May 15, 2013On Tuesday afternoon, the California Supreme Court issued its opinion in City of Riverside v. Inland Empire Patient Health and Wellness Center. In that case, Inland challenged the City of Riverside’s ability to ban medical marijuana dispensaries. Broadly, Inland argued that the state...
|California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
May 13, 2013, previously published on May 8, 2013The California Supreme Court recently resolved the issue of whether a city could enact zoning ordinances prohibiting and banning medical marijuana dispensaries. The Supreme Court held that state medical marijuana laws do not preempt a local ban on medical marijuana dispensaries. (City of...
|Plaintiff With Moot Claim Can't Represent Others in FLSA Collective Action, Supreme Court Says|
David P. Phippen; Constangy, Brooks & Smith, LLP;
May 3, 2013, previously published on April 29, 2013The Supreme Court recently held, in the usual 5-4 split, that a named plaintiff in a collective action under the Fair Labor Standards Act cannot represent similarly situated employees if her own claim is moot. In Genesis HealthCare Corp. v. Symczyk, the plaintiff had received an offer of judgment...
|First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For Discovery Violations|
Valentina Shenderovich; Sheppard, Mullin, Richter & Hampton LLP;
May 3, 2013, previously published on April 30, 2013In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried, J.) to strike defendants’ answer for noncompliance with...