Business Torts › Health Law

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

CMS Aims to Grease the Reporting Wheels for Medicare Fraud and Abuse

Proposed rule would substantially increase rewards for fraud tips and enhance billing revocation authority. On April 29, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that...more

US Sues Novartis for Alleged Pharmacy Kickback Scheme

Swiss drug maker Novartis has been sued by a U.S. Attorney for allegedly paying kickbacks to pharmacies that converted thousands of patients to one of its drugs. The civil fraud suit accuses the company of disguising the...more

20 Million Reasons Why Class Action Defendants Need to Read Their Insurance Policies Closely

As previously noted in a recent blog post, defendants should immediately evaluate their insurance coverage upon receipt of a class action complaint. But as one defendant recently discovered the hard way, that evaluation must...more

Blue Cross Must Pay $4M For Dropping Patient-Advocate Doc

A doctor who claimed health insurer Anthem Blue Cross retaliated against him for being a strong patient advocate, has won a $3.8 million verdict against the insurer....more

Surprising Risk of Discrimination Claims for Restaurants Moving Away from Meal Customization

Chicago, IL, April 15, 2013 - Many restaurants, especially upscale and higher-end independents, are moving toward prix-fixe menus, tasting menus, and policies that restrict additions, subtractions, and substitutions. Such...more

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

In a recent opinion, the Missouri Court of Appeals for the Western District held a workers' compensation claimant had sufficiently proven her husband sustained an occupational disease arising out of and in the course of his...more

Alabama Legislative Update – Week 6: Legislators Focus on Education, Tort Reform and Health Care

In a week that was dominated by events surrounding the Alabama Accountability Act, several significant pieces of legislation still moved through – or died in – the State House....more

SCOTUS Declines Review in Case Allowing Health Care Provider to Pursue State Law Misrepresentation Claims Against ERISA Health...

The United States Supreme Court recently denied certiorari in a Fifth Circuit case, United Healthcare Insurance Co. v. Access Mediquip LLC, that allowed a health care provider to pursue state law misrepresentation claims...more

Fourth Circuit Holds False Claims Act Relators to Strict Pleading Standard: Ruling Will Be Particularly Useful in Defending...

On January 11, 2013, the United States Court of Appeals for the Fourth Circuit issued an opinion reaffirming the requirement that False Claims Act relators plead presentment of a false claim with particularity. United States...more

Australia issues $1M fine for flammable children’s sleepwear

The Australian Federal Court has fined a children’s sleepwear brand $1 million in relation to its supply of unsafe children’s nightdresses and pajamas. According to Product Safety Australia, Cotton On Kids Pty Ltd supplied...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

US CPSC & Health Canada recall expanding toys

The United States (US) Consumer Product Safety Commission (CPSC) and Health Canada issued a joint recall of expanding toys in the US and Canada. The toys, which go by the names Water Balz, Growing Skulls, H2O Orbs...more

Constant Email Access Increases Employee Stress

Five days away from email equals less stress. This may sound obvious, but that was the conclusion of a recent study that took away email from thirteen civilian workers at an Army facility outside Boston, according to a...more

Los Angeles Battle Over Owens Lake Dust Mitigation Costs Boils Over

There’s a dust up occurring between the City of Los Angeles and the Great Basin Unified Air Pollution Control District (“Great Basin”). What’s the dust up about? Dust! Yes, even something as naturally occurring and...more

Chancery Court Finds Management Services Agreement Key in Establishing Jurisdiction

On August 28, 2012, the Delaware Court of Chancery found that a management services agreement could help establish both personal jurisdiction through a conspiracy to defraud and joint and several liability through an agency...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

Government Warns Hospitals on Using Electronic Medical Records to Engage in Fraudulent Billing

On September 24, 2012, the U.S. Department of Health and Human Services (HHS) and U.S. Department of Justice (DOJ) wrote a joint letter to the Chief Executive Officers of five prominent hospital associations. The letter...more

The ERISA Litigation Newsletter - September 2012

In This Issue: - Editor's Overview - ERISA Preemption in Provider Misrepresentation Claims: An Overview of the Jurisprudence Leading Up to the Fifth Circuit's En Banc Review of Access Mediquip and What Lies...more

TPA is a Fiduciary Under ERISA

A recent Sixth Circuit Court of Appeals decision considered whether a third party administrator of a self-funded medical plan was a fiduciary under ERISA. Under ERISA, fiduciaries owe strict duties of loyalty and prudence to...more

DOJ Takes New Tack on Hospital Recoupments: Implantable Cardiac Defibrillators

The U.S. Department of Justice has sent emails to hospitals across the country regarding implantable cardioverter defibrillators, asking the hospitals to self-audit and estimate possible penalties under the False Claims Act....more

Healthcare Law Results In Refunds To California Employers

The Affordable Care Act, signed into law by President Obama in 2010, has various provisions that kick in starting this year. One provision requires that insurance companies spend a certain percentage of health insurance...more

Healthcare Law Results In Refunds To California Employers

The Affordable Care Act, signed into law by President Obama in 2010, has various provisions that kick in starting this year. One provision requires that insurance companies spend a certain percentage of health insurance...more

ERISA Legal News - 2nd Quarter, 2012 • Volume 3, Number 2

In This Issue: IN THIS ISSUE: - Supreme Court’s Decision on Healthcare Reform – What Does This Mean To ERISA Welfare Benefit Plans? ....1 - SELECT CASE SUMMARIES....2 - DICKINSON WRIGHT ERISA...more

Star Discount Pharmacy v. MedImpact

Motion for Entry of Protective Order

This motion was filed in response to the unacceptable demands of the defendants related to confidentiality of discovery documents. The defendants' secrecy demands included restrictions allowing redaction of information,...more