Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
Safeguards against Data Security Breaches (Part One)
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Can Feds Force Companies to Disclose Political Spending?
Three Key Data Retention Questions
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
What to Expect from the Supreme Court During Obama’s Second Term
The Weekly Brief: Abu Hamza On Trial, Wells Fargo Sued, Bingham Cuts Costs
Barofsky: Govt. Complicity Provides Libor Defense
Breaking Down the NFL Concussion Class Action and the Players’ “Warrior Mentality”—Eliot Wagonheim
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Lawyer: 20 More Law School Class Actions Coming
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
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
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
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
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
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
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
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
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
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
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
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
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
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?
Yes, even something as naturally occurring and...more
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
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
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
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
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
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
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
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
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
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