James M. Burns

James M. Burns

Dickinson Wright

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Auto Insurers Again Seek Dismissal of In RE Auto Body Shop Antitrust Litigation

In early march, the auto insurer defendants in the In re Auto Body Shop Antitrust Litigation renewed their motions seeking the dismissal of plaintiffs’ action, this time directed at plaintiffs’ Second Amended Complaint. The...more

5/8/2015 - Antitrust Conspiracies Antitrust Litigation Auto Body Shop Auto Insurance Insurance Industry

Iowa Supreme Court Affirms Ruling for Health Insurer in Antitrust Dispute

In late February, the Iowa Supreme Court affirmed a lower court ruling in Mueller v. Wellmark, ending a seven year battle over whether the health insurer’s agreement with employers operating “self-funded” insurance plans to...more

5/8/2015 - Antitrust Provisions Employer Group Health Plans Health Insurance Joint Venture Self-Funded Health Plans

Insurance Antitrust Legal News: Volume 4, Number 3

Auto Insurers Again Seek Dismissal of In Re Auto Body Shop Antitrust Litigation - In early March, the auto insurer defendants in the In re Auto Body Shop Antitrust Litigation renewed their motions seeking the dismissal...more

5/8/2015 - Antitrust Conspiracies Antitrust Litigation Antitrust Violations Auto Insurance CIGNA Health Insurance Hospitals Motion to Dismiss Patient Referrals Self-Funded Health Plans

Michigan Congressmen Introduce Bill Permitting Healthcare Providers to Negotiate Collectively with Health Insurers

On January 6, two Michigan Congressmen – Representative John Conyers (D-Mich.) and Representative Dan Benishek (R-Mich.) – introduced the “Quality Health Care Coalition Act of 2015.” The bill (H.R. 105) would permit...more

3/23/2015 - Contract Negotiations Health Care Providers Health Insurance Physicians Proposed Legislation Sherman Act

Congress Begins With Renewed Efforts to Repeal Insurer’s Antitrust Exemption

Early into the 114th Congress, multiple bills have already been introduced that would repeal the insurance industry’s limited antitrust exemption granted by the McCarran-Ferguson Act (15 USC 1011 et seq.)....more

3/4/2015 - Antitrust Standing Exemptions Insurance Industry Legislative Agendas McCarran-Ferguson Act Repeal

FTC Announces New, Elevated Hart-Scott-Rodino Premerger Notification Reporting Thresholds

The Hart-Scott-Rodino Act, 15 U.S.C. 18a (the "HSR Act"), requires parties that are contemplating a merger or the acquisition of assets, voting securities and other non-corporate interests above certain dollar thresholds to...more

1/29/2015 - Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction Pre-Merger Filing Requirements The Clayton Act Threshhold Requirements

Auto Body Antitrust Action Continues to Expand in Florida

On December 12, the Judicial Panel on Multidistrict Litigation issued an order transferring State of Louisiana v. State Farm Fire and Casualty Insurance to the Middle District of Florida, making the case the latest addition...more

1/14/2015 - Antitrust Litigation Auto Body Shop Auto Insurance Automotive Industry Multidistrict Litigation

Several Large Insurance Industry Mergers Announced as 2014 Comes to a Close

As 2014 came to a close, several significant insurance industry transactions were announced that, if completed, will likely reshape several segments of the insurance industry in 2015. Each of them, of course, will require...more

1/7/2015 - Antitrust Provisions Insurance Companies Insurance Industry NAIC Progressive Casualty Insurance Company

Insurance Antitrust Legal News: Volume 4, Number 1

Verisk/EagleView Merger Derailed by FTC Challenge - On December 16, Verisk Analytics, a leading provider of data analytics and related services to the insurance industry, including rooftop aerial measurement products,...more

1/2/2015 - Antitrust Investigations Antitrust Provisions Automotive Industry DOJ FTC Insurance Companies Merger Agreements Multidistrict Litigation Progressive Casualty Insurance Company State Farm

Insurance Antitrust Legal News - November 2014 - Volume 3 - Number 6

Plaintiff Files Third Amended Antitrust Claim Against Highmark - A long running antitrust dispute in Western Pennsylvania continued on October 1, when a Pennsylvania hotel (Cole’s Wexford Hotel) filed a third amended...more

11/20/2014 - Antitrust Litigation AstraZeneca Class Action FTC v Actavis Generic Drugs Health Insurance Highmark Hospital Mergers Hotels Mergers Patents Pharmaceutical Patents Prescription Drugs Software

Health Insurer Antitrust Claim Against Drug Company Remanded to State Court

Over the last several years, several health insurers have brought antitrust claims against drug companies, contending that they were overcharged for drugs as a result of agreements reached by the drug companies in the...more

11/18/2014 - Antitrust Litigation AstraZeneca FTC v Actavis Generic Drugs Health Insurance Patent Infringement Patents Pharmaceutical Manufacturers Popular

Connecticut Law Imposes New Merger Regulations on Physician Combinations

On October 1, a first-of-its-kind law became effective in Connecticut that requires group medical practices and hospitals in that state to provide the Attorney General with 30 days’ notice prior to consummating any merger or...more

10/22/2014 - Attorney Generals Hart-Scott-Rodino Act Hospital Mergers Hospitals Notice Requirements

European Antitrust “Block Exemption” For Insurance Under Review

In the United States, the McCarran Ferguson Act (15 USC 1011-1015), enacted by Congress in 1945, provides the insurance industry with a limited exemption from the federal antitrust laws. The Act applies to all conduct that...more

9/12/2014 - Antitrust Litigation Antitrust Provisions EU Insurers McCarran-Ferguson Act

Insurance Antitrust Legal News: Volume 3, Number 5

European Antitrust "Block Exemption" for Insurance Under Review: In the United States, the McCarran Ferguson Act (15 USC 1011-1015), enacted by Congress in 1945, provides the insurance industry with a limited exemption...more

9/3/2014 - Antitrust Litigation Antitrust Provisions EU FTC McCarran-Ferguson Act

Auto Repair Shop Antitrust Actions May Be Consolidated into Multidistrict Litigation

Over the course of the last several months, auto body repair shops in five states (Florida, Mississippi, Indiana, Utah and Tennessee) filed antitrust actions against a collection of auto insurers, alleging that the insurers’...more

7/11/2014 - Antitrust Litigation Auto Insurance Auto Repair Regulations Automotive Industry Multidistrict Litigation

Healthcare Legal News - July 2014 • Volume 4, Number 2

In This Issue: - DO SUBSIDIZED HEALTH CARE PLANS PURCHASED UNDER THE AFFORDABLE CARE ACT TRIGGER THE ANTI-KICKBACK STATUTE? The advent of federally subsidized private pay health insurance under the Affordable...more

7/7/2014 - Affordable Care Act Anti-Kickback Statute CMS Healthcare Healthcare Reform Medicaid Medicare Popular TRICARE

Insurance Antitrust Legal News - July 2014 • Volume 3, Number 4

In This Issue: - COURT DENIES BLUES’ MOTION TO DISMISS IN RE BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION (MDL 2406): On June 18, United States District Court Judge David Proctor (Northern District of Alabama)...more

7/3/2014 - Antitrust Litigation Auto Insurance Auto Repair Regulations Automotive Industry Blue Cross Blue Shield Complex Litigation Corporate Criminal Fines DOJ License Agreements Rabobank Trademarks

Tennessee Insurance Legal News - May 2014 • Volume 3, Number 2

In This Issue: - COMMISSIONER OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE ISSUES POSITION ON FILING REQUIREMENTS OF NEW ENTERPRISE RISK FILING LEGISLATION: On May 28, 2014, Governor Haslam signed...more

5/14/2014 - Assignments Commercial General Liability Policies Cyber Insurance Cybersecurity Filing Requirements Healthcare Risk Assessment

Indiana Auto Repair Shops Bring Antitrust Action Against Auto Insurers

An Indiana trade association of auto repair shops, together with a group of its members, have filed an antitrust action against over twenty five auto insurers in Indiana, alleging that the insurers’ direct repair programs...more

5/8/2014 - Anticompetitive Agreements Antitrust Litigation Auto Insurance

Legislation Permitting Healthcare Providers to Negotiate Jointly with Health Insurers Introduced in Congress

Legislation was recently introduced by Representative John Conyers (D-Michigan) that would permit healthcare providers to negotiate jointly with health insurers concerning contract terms without running afoul of the antitrust...more

5/2/2014 - Health Insurance Healthcare Healthcare Reform Proposed Legislation

Insurance Antitrust Legal News - May 2014 • Volume 3, Number 3

In This Issue: - LEGISLATION PERMITTING HEALTHCARE PROVIDERS TO NEGOTIATE JOINTLY WITH HEALTH INSURERS INTRODUCED IN CONGRESS: Legislation was recently introduced by Representative John Conyers (D. Michigan)...more

5/1/2014 - Antitrust Litigation Class Action Health Insurance Healthcare Settlement

FTC Commissioner Criticizes Proposed Legislation That Would Permit Health Providers to Negotiate Jointly with Health Insurers

In a February 26 speech before the Connecticut Bar Association, Federal Trade Commissioner Maureen Olhausen expressed strong opposition to proposed legislation that would create an antitrust exemption for collective...more

3/28/2014 - Antitrust Provisions FTC Health Insurance Healthcare

Hearing Held on Pennsylvania’s Novel “Any Willing Insurer” Legislation

On December 18, 2013, the Pennsylvania House Health Committee held a hearing on Pennsylvania House Bills 1621 and 1622, two bills that would require that any health provider in the state that operates as part of an integrated...more

3/14/2014 - Anti-Competitive Health Insurance Healthcare

Insurance Antitrust Legal News - March 2014 • Volume 3, Number 2

In This Issue: - FTC COMMISSIONER CRITICIZES PROPOSED LEGISLATION THAT WOULD PERMIT HEALTH PROVIDERS TO NEGOTIATE JOINTLY WITH HEALTH INSURERS: In a February 26 speech before the Connecticut Bar Association,...more

3/6/2014 - Antitrust Litigation Blue Cross Casualty Insurance FTC Health Insurance Healthcare Mergers Property Insurance

Healthcare Legal News - February 2014 • Volume 4, Number 1

In This Issue: - CMS ISSUES FINAL RULE ON DIRECT ACCESS OF LAB TEST RESULTS BY PATIENTS: On February 3, 2014, the Centers for Medicare and Medicaid Services (CMS) released a final rule that permits patients or...more

2/27/2014 - CMS EHR Health Insurance Healthcare Healthcare Reform HIPAA Hospitals Out of Network Provider PHI

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