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Search Results (1234) Documents on Litigation, Health Care, Pharmaceuticals Show: results per page Sort by:  | While We’re Waiting on Bartlett, Some New Preemption Challenges to Consider
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article May 21, 2013, previously published on May 20, 2013 As folks in the generic drug industry patiently await the U.S. Supreme Court’s decision in Mutual Pharmaceutical Co. v. Bartlett (Docket No. 12-142), a design defect generic drug preemption case (see our previous post here), we thought we would whet the preemption appetite with two new...
| | Hospital Stay Doesn’t Extend Statute of Limitations
Michael A. Kurs; Pullman & Comley, LLC;
Legal Alert/Article May 20, 2013, previously published on Spring 2013 Sally 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.
| | Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement
John T. Bentivoglio, Jennifer L. Bragg, Maya P. Florence, Michael K. Loucks, Gregory M. Luce; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article May 17, 2013, previously published on May 15, 2013 On May 13, 2013, generic drug manufacturer Ranbaxy USA Inc. (Ranbaxy), a subsidiary of Indian generic drug manufacturer Ranbaxy Laboratories Limited, pled guilty to seven felony charges as part of a global settlement pursuant to which Ranbaxy will pay a total of $500 million to resolve criminal and...
| | $39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare
Scott Ewing, Jeremy D. Kernodle; Haynes and Boone, LLP;
Legal Alert/Article May 17, 2013, previously published on May 15, 2013 Last 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...
| | An In-Depth Look at the Fraud Charges Against Vitas Hospice Services
Waller Lansden Dortch Davis LLP;
Legal Alert/Article May 17, 2013, previously published on May 15, 2013 Earlier 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,...
| | 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;
Legal Alert/Article 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...
| | Don't Breach a Warranty through Failure to Fulfill a Third Party Contract
Ellen Hughes-Jones, Geoff Mendelsohn; Edwards Wildman Palmer LLP;
Legal Alert/Article May 15, 2013, previously published on May 2013 When 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;
Legal Alert/Article May 15, 2013 On 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...
| | Justice Department Increases Fraud Prosecution of Hospice Providers
Latour "LT" Lafferty; Fowler White Boggs P.A.;
Legal Alert/Article May 15, 2013, previously published on May 2013 The 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...
| | California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article May 13, 2013, previously published on May 8, 2013 The 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...
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