Antitrust & Trade Regulation Professional Malpractice

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TelaDoc Wins Injunction Against Texas Medical Board re: Telehealth Restrictions

The Federal District Court of the Western District of Texas has ruled against the Texas Medical Board and granted TelaDoc’s Motion for a Preliminary Injunction prohibiting the Texas Medical Board from enforcing new rules...more

U.S. Supreme Court case examines authority of state health care licensure boards and patient safety

Many individuals may find comfort in the knowledge that their doctors, dentists and other healthcare professionals are required to pass rigorous testing in order to receive their licenses. These licenses are issued by each...more

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience....more

Ovitz/Eisner Disney corporation case study

Short case study of Disney's Corporation in re derivative litigation before the Supreme Court of the State of Delaware....more

The "Defensive Medicine" Fraud

The idea that doctors order unnecessary tests to avoid being sued has enough surface plausibility that people nod "of course" as if it's undeniable truth. The "fraud" of "defensive medicine" is two fold: It doesn't really...more

Maryland Hospital Pays Feds in Cardiac Malpractice Scandal

St. Joseph Medical Center in Towson, Maryland will pay $22 million to the federal government to settle claims that it engaged in a decade-long, illegal kickback scheme with the cardiology group MidAtlantic Cardiovascular...more

Medical Malpractice Insurers: Time to End Their License to Gouge

Here’s an interesting opinion about one reason medical malpractice insurance premiums are so high. This is from one of the contributors to the Huffington Post: In 1945, Congress gave the massively powerful insurance...more

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