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Documents on Litigation, Health Care, Pharmaceuticals
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|Cuthbertson v. Rasouli and its Implications for Substitute Decision-Makers|
Farah Malik; Weirfoulds LLP;
December 17, 2013, previously published on December 2013In a recent and much-anticipated judgment, the Supreme Court of Canada in Cuthbertson v. Rasouli confirmed that withdrawing or withholding life support constitutes treatment which, in turn, requires consent from a patient or substitute decision-maker under Ontario’s Health Care Consent Act,...
|B.C. Court Of Appeal Stays Away From the Physician-Assisted Suicide Debate|
Jonathan P. Rossall; McLennan Ross LLP;
December 17, 2013, previously published on Winter 2013In a 2-1 decision, British Columbia’s highest court recently upheld the federal ban on physician-assisted suicide. The ruling overturned the June, 2012 B.C. Supreme Court decision in Taylor and Carter et al. v. A.G. of Canada which struck down 241(b) of the Criminal Code prohibiting assisting...
|Federal Circuit Invalidates Galderma Differin Patents|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
December 16, 2013, previously published on December 12, 2013In Galderma Laboratories v. Tolmar, Inc., the Federal Circuit reversed the district court’s findings that the Orange Book-listed patents for Galderma’s Differin® 0.3% gel product were not invalid as obvious. In so doing, the Federal Circuit took a narrow view of “unexpected...
|First Circuit Skirts the Issue of the Scope of the False Claims Act Regarding FDC Act Violations|
John R. Fleder; Hyman, Phelps & McNamara, P.C.;
December 13, 2013, previously published on December 9, 2013On August 8, 2013, we reported on a brief filed by the Department of Justice in United States ex rel. Ge v. Takeda Pharmaceutical Company Limited. The case involves the defendants’ alleged failure to timely report to FDA adverse drug events associated with certain drugs.
|Unsealed Qui Tams Show That Government Declination is Not Always the End|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 13, 2013, previously published on December 5, 2013Mintz Levin’s most recent Qui Tam Update authored by our Health Care Enforcement Defense Practice provides focused analysis of four health care-related qui tam cases in which the government declined to intervene, including one that may be accepted for argument in front of the United States...
|Assessing Good Character|
December 13, 2013, previously published on December 4, 2013The Appellant Physician was in his first year of residency in a plastic surgery program, when he was charged with a number of criminal offences arising out of allegations that he had drugged and sexually assaulted a woman. While the charges were pending, he applied for a new certificate authorizing...
|Drug Shortage Plaintiffs Fail to Demonstrate Injury, Causation|
Jennifer M. Thomas; Hyman, Phelps & McNamara, P.C.;
December 13, 2013, previously published on December 10, 2013To the extent that Plaintiffs, or interested observers, hoped the District Court for the District of Columbia would seize an opportunity to take FDA to task for failing to prevent or stop drug shortages, they were disappointed by Judge Howell’s Thanksgiving ruling in Carik v. HHS, No....
|Otsuka Alleges Premature Notice From a Repeat Offender in SAMSCA Patent Infringement Case|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
December 11, 2013, previously published on December 9, 2013A Complaint recently filed in the U.S. District Court for the District of Delaware by Otsuka Pharmaceutical Co., Ltd. (“Otsuka”) against Par Pharmaceutical, Inc. (“Par”) concerning notice of a Paragraph IV certification contained in an ANDA Par submitted to FDA for a generic...
|The Eighth Circuit Paves the Way for More Removals under CAFA's "Mass Action" Provision|
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
December 10, 2013, previously published on December 4, 2013The Eighth Circuit’s recent opinion in Atwell v. Boston Scientific Corporation is bound to have an impact on mass action litigation nationwide. Atwell involves the interpretation of the Class Action Fairness Act of 2005 (“CAFA”), which provides for the removal from state to...
|Supreme Court to Resolve Circuit Split in Health Care Reform Cases|
Peter J. Marathas, Brian S. Neulander, Robert W. Rachal; Proskauer Rose LLP;
December 5, 2013, previously published on December 2, 2013The Supreme Court will review two of the numerous lawsuits challenging the Affordable Care Act’s (ACA) requirement that group health plans and insurers cover, without cost-sharing, contraceptives and/or abortifacients (the “Contraceptive Mandate”). The plaintiffs in these suits...