Recently, a federal judge in New Jersey confirmed an arbitration award in favor of an insurer resulting from the independent dispute resolution (“IDR”) process created under the No Surprises Act. This is one of the first...more
Finds that the U.S. Department of Health and Human Services put its “thumb on the scale” -
On Monday February 8, a judge in the Eastern District of Texas again rejected the U.S. Department of Health and Human Services...more
On April 26, 2022 the Supreme Court of New Jersey heard arguments about whether New Jersey should retain the judicially created “new business rule”. Since 1936 the rule has held that in the context of calculating damages...more
On September 30, 2021, the federal Departments of Treasury, Labor, and Health and Human Services issued “Requirements Related to Surprise Billing; Part II,” the second in a series of interim final regulations (the “Second NSA...more
On September 30, 2021, the federal Departments of Treasury, Labor, and Health and Human Services issued “Requirements Related to Surprise Billing; Part II,” the second in a series of interim final regulations (the “Second NSA...more
Medical providers preparing to engage in arbitration with payors pursuant to the just-announced No Surprises Act dispute rules should be prepared to counter some tough tactics from payors. For health care providers, the first...more
In July, we reported (here) on a Third Circuit decision that held an out-of-network provider’s direct claims against an insurer for breach of contract and promissory estoppel were not pre-empted by ERISA. That opinion was a...more
Congratulations. You’ve been sued in court in New Jersey. To make matters worse, the complaint is full of lies. Not distorted versions of the truth or someone’s interpretation of events that actually occurred, but outright...more
10/2/2020
/ Defamation ,
Duty of Candor ,
Exceptional Case ,
False Statements ,
Fee-Shifting ,
Frivolous Lawsuits ,
Lanham Act ,
NJ Supreme Court ,
Quasi-Judicial Process ,
Rule 11 ,
Rules of Professional Conduct
While businesses and their employees continue to operate in the “new frontier” of working-from-home during the COVID-19 pandemic and the gradual reopening of the economy, a serious risk continues to present itself: the threat...more
7/30/2020
/ Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Fraudulent Transfers ,
Hackers ,
Phishing Scams ,
Popular ,
Ransomware ,
Remote Working ,
Risk Mitigation ,
Spoofing
In an important win for healthcare providers, on July 17, 2020, the Third Circuit determined in a published opinion that an out-of-network provider’s direct claims against in insurer for breach of contract and promissory...more
The Supreme Court of New Jersey unanimously held in Linda Cowley v. Virtua Health System (A-47-18) (081891) that the “common knowledge” exception of the Affidavit of Merit Statute applies only when a simple negligence...more
Imagine these scenarios:
- Your company cannot perform a contract because of the COVID-19 pandemic.
- A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused...more
3/30/2020
/ Act of God ,
Business Interruption ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impracticability ,
Performance Standards ,
Supply Chain