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11th Circuit Hears Oral Arguments In Lawsuit Over Health Care Law

ATLANTA - (Mealey's) An 11th Circuit U.S. Court of Appeals panel heard more than two hours of oral argument on June 8 in the federal government's challenge to a district court's decision finding the minimum coverage provision in the Patient Protection and Affordable Care Act (PPACA) unconstitutional...

New Jersey Doctors' Group Suing To Block Health Care Law

NEWARK, N.J. - (AP) A federal appeals court hearing arguments Wednesday in a lawsuit challenging the constitutionality of last year's U.S. health reform law focused primarily on whether plaintiffs need to demonstrate they are suffering economic harm now or will when the part of the law mandating...

Vermont Prescription Drug Data Mining Law Struck Down

WASHINGTON, D.C. - (AP) States cannot stop drug manufacturers and data-mining companies from using information about the prescription drugs individual doctors like to prescribe, the Supreme Court ruled Thursday. The court voted 6-3 to strike down a Vermont data-mining law aimed at controlling health...

Glaxo Settles Bad Drug Claim For More Than $40 Million

PROVIDENCE, R.I. - (AP) The American subsidiary of a major British drug maker, GlaxoSmithKline LLC, has agreed to pay more than $40 million to 37 states and Washington, D.C., to settle complaints alleging manufacturing process issues at a now-shuttered plant in Puerto Rico, the company and several states'...

Conservatives Limit Consumer, Rights Class Action Lawsuits

WASHINGTON, D.C. - (AP) The Supreme Court's conservative majority made it harder for people to band together to sue the nation's largest businesses in the two most far-reaching rulings of the term the justices are wrapping up on Monday. The two cases putting new limits on class-action lawsuits...

Obama Reaps Victory As 6th Circuit Upholds Health Care Overhaul

CINCINNATI - (AP) In the first ruling by a federal appeals court on President Barack Obama's health care overhaul, a panel in Cincinnati handed the administration a victory Wednesday by agreeing that the government can require a minimum amount of insurance for Americans. A Republican-appointed judge...

3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing

NEWARK, N.J. - (Mealey's) A Third Circuit U.S. Court of Appeals panel on Aug. 3 affirmed the dismissal of a challenge to the Patient Protection and Affordable Care Act (PPACA) brought by a New Jersey physician, one of his patients and a physician organization, saying that the plaintiffs failed to...

Plaintiffs Lack Standing To Challenge Health Care Act, 9th Circuit Affirms

SAN FRANCISCO - (Mealey's) A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 13 affirmed a lower court ruling that plaintiffs challenging the Patient Protection and Affordable Act (PPACA) lacked standing to challenge the act because they failed to show an injury in fact or a genuine threat...

Williams Mullen Alert: North Carolina Medical Malpractice Reforms Favor Long-Term Care Industry

By Elizabeth D. Scott & Jonathan R. Bumgarner On July 25, 2011, the North Carolina House voted to override Governor Perdue's veto and approve a broad overhaul of North Carolina's medical malpractice laws. Ratified Senate Bill 33 expands the definition of "medical malpractice actions"...

Virginia Petitions High Court Over Dismissal Of Challenge To Health Care Act

WASHINGTON, D.C. - (Mealey's) The Commonwealth of Virginia on Sept. 30 filed a petition for writ of certiorari with the U.S. Supreme Court, saying that the Fourth Circuit U.S. Court of Appeals erred in finding that Virginia lacked standing to challenge the Patient Protection and Affordable Care Act...

Obama Appeals Health Care Setback To Supreme Court

WASHINGTON, D.C. - (AP) Raising prospects for a major election-year ruling, the Obama administration launched its Supreme Court defense of its landmark health care overhaul Wednesday, appealing what it called a "fundamentally flawed" appeals court decision that declared the law's central...

Supreme Court To Review Challenges To Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 agreed to review three cases challenging the Patient Protection and Affordable Care Act (PPACA) after considering five of six petitions challenging the act at its Nov. 10 conference ( National Federation of Independent Business, et al...

Greenberg Traurig Grows National Pharmaceutical, Medical Device & Health Care Litigation Practice Led By Atlanta Shareholder Lori G. Cohen

ATLANTA - Greenberg Traurig's Atlanta-based national Pharmaceutical, Medical Device & Health Care Litigation Practice Group continues to grow with the addition of Ginger Heyman Pigott . Pigott, who joins as a shareholder, will work closely with Lori G. Cohen , chair of national group and co...

High Court Hears First Day Of Arguments On Health Care Reform Act

The U.S. Supreme Court on March 26 heard oral arguments on whether challenges to the Patient Protection and Affordable Care Act are premature under the Anti-Injunction Act and should be barred until penalties for failing to purchase health care insurance under the individual mandate have to be paid ...

U.S. Supreme Court Considers Whether Individual Mandate Is Unconstitutional

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 heard oral arguments on whether the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) that requires most Americans to purchase health care insurance is constitutional ( Department of Health and Human...

High Court Hears Arguments On Severability Of Individual Mandate In Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) In the first of two sessions on March 28, the U.S. Supreme Court heard oral arguments on whether, if the individual mandate contained in the Patient Protection and Affordable Care (PPACA) is found unconstitutional, it can be severed from the remainder of the act ( National...

High Court Hears Arguments On Constitutionality Of Expansion Of Medicaid Required By PPACA

WASHINGTON, D.C. - (Mealey's) In the final of four sessions of oral arguments held this week pertaining to the Patient Protection and Affordable Care Act (PPACA), the U.S. Supreme Court heard arguments March 28 on whether the act's expansion of Medicaid is constitutional ( State of Florida, et...

D.C. Circuit Says Former Purdue Pharma Execs Excludable But Questions Term

WASHINGTON, D.C. - (Mealey's) The Department of Health and Human Services is authorized to exclude three former Purdue Pharma executives from participating in federal health care programs, but it must explain why it thinks they should be excluded for 12 years, a fractured District of Columbia Circuit...

Supreme Court Hears Arguments In Health Care Class Arbitration Dispute

WASHINGTON, D.C. — The U.S. Supreme Court on March 25 heard oral arguments to address whether, in a dispute over a health insurer’s reimbursement of physicians’ claim, an arbitrator acted within his authority in determining that the dispute could proceed as a class arbitration Oxford...

This is Real Law: Rx for Litigation: New Inpatient Rule May Lead to More Malpractice Suits

Our circumstances are often defined by fateful decisions. Those decisions can be our own, those made by others (with or without our knowledge or consent), or both. That’s particularly true with regard to our personal health. You climb a wonky ladder to adjust a second-story TV antenna, for example...

Norton Rose Fulbright: Vermont AG Offers Limited Penalty For Failure To Report Data

By Benjamin Koplin , Selina Coleman and R. Jeffrey Layne The Vermont Attorney General's Office announced an offer to accept a limited penalty from medical device and biologic manufacturers to resolve failure to report expenses related to health care providers under Vermont's Prescribed Products...

6 Critical Steps To Thoroughly Vet An Expert Witness

Expert Research Best Practices Seminar and $10 Gourmet Coffee Card Exclusively for Paralegals! Join LexisNexis® for a complimentary Expert Witness Research Best Practices Seminar where you will learn how to vet expert witnesses thoroughly, more efficiently and cost-effectively, with LexisNexis®...

Foley & Lardner LLP: 7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

By Eric G. Pearson A cardinal rule of a qui tam action brought under the False Claims Act is that the relator must be the information’s original source. In United States ex rel. Heath v. Wisconsin Bell, Inc. , No. 12-3383 (7th Cir. July 28, 2014) , the Seventh Circuit grappled with this bar...

Florida Jury Awards $8.5 Million To Woman’s Estate For Leg Amputation (Watch The Closing Argument Videos)

WEST PALM BEACH, Fla. — (Mealey’s) A state court jury Feb. 10 found that a physician and the concierge medical care plan with which he was associated are liable to the estate of a plan member who alleged that a blood clot in her leg went undiagnosed for almost a month, causing her to undergo...

Steptoe & Johnson PLLC: West Virginia Legislature Changes Medical Professional Liability Act

By Paul K. "Kip" Reese and Jace H. Goins During its recent 2015 session, the West Virginia Legislature passed significant tort reform measures affecting Long Term Care (LTC) providers. These measures largely involve changes to the West Virginia Medical Professional Liability Act (MPLA),...