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Top franchise cases of 2013

1. In Hanley v. Doctors Express Franchising, LLC, a former franchisee of the Doctors Express franchise system sued Doctors Express, the franchisor, and Rhino 7, a broker involved in the franchise sale, asserting that the...more

$1.2 Billion Medicaid Fraud Penalty Award Reversed and Claim Dismissed in Arkansas Appeal

In another decision narrowing the scope of state Medicaid fraud statutes, on March 20, 2014, the Supreme Court of Arkansas, in Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State of Arkansas, No. CV-12-1058, unanimously...more

U.S. District Court Grants in Part, Denies in Part Halifax Hospital’s Summary Judgment for Relator’s Non-Intervened FCA Claims

On January 8th, a United States District Court in the Middle District of Florida granted in part, denied in part summary judgment in favor of Halifax Hospital Medical Center and certain other defendants (collectively, Halifax...more

Eighth Circuit Addresses Scope of False Claims Act Liability

Last month, the Eighth Circuit Court of Appeals addressed the scope of “fraud-in-the-inducement” liability under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and, in doing so, reversed the dismissal of a claim related...more

Supreme Court May Decide Issue of the Level of Specificity Required Under Rule 9(b) in FCA Whistleblower Suits

The United States Supreme Court recently indicated its potential interest in hearing arguments in a key False Claims Act (FCA) case that would address a circuit split over the important issue of the level of specificity of...more

Drug Manufacturer’s Liability Under Insurance Frauds Prevention Act May Not Be Inferred From Alleged Kickbacks to Physicians

Three former employees of Bristol Myers Squibb, Inc. (BMS) brought a qui tam action alleging that BMS violated California’s Insurance Frauds Prevention Act, California Insurance Code section 1871.7 et seq. (IFPA), by giving...more

Kurwa v. Kislinger: California Supreme Court Holds No End-Run Around the "One Final Judgment Rule" By Means of Voluntary...

Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. (Code Civ. Proc., § 904.1, subd. (a); Morehart v. County of...more

Matria Healthcare Insider Traders Will Go to Trial

The US District Court for the Northern District of Georgia denied a motion for partial summary judgment in the Security and Exchange Commission’s insider trading case against Earl Arrowood and Parker Petit. The SEC alleges...more

Seventh Circuit: Insurer Was Proper Defendant to an ERISA Benefits Claim, but Setting High Co-Payment Not a Fiduciary Act or De...

In Larson v. United Healthcare Ins. Co., __ F.3d __, 2013 WL 3836236 (7th Cir. 2013), the Seventh Circuit upheld the dismissal of plaintiffs’ putative class action claims that health insurers violated Wisconsin state law...more

PA Court Holds Coverage is Barred Under Professional Liability Policy for False Claim Act Lawsuit Costs

On July 16, 2013, the Pennsylvania Court of Common Pleas (Philadelphia County) granted summary judgment in favor of ACE American Insurance Company, holding that costs arising from False Claims Act Litigation were excluded...more

Sixth Circuit Lowers Bar for Securities Claims and Creates Circuit Split

The US Court of Appeals for the Sixth Circuit recently held that pleading a claim under Section 11 of the Securities Act of 1933 does not require a showing of defendant’s knowledge of false statements in offering documents,...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

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

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

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

The ERISA Litigation Newsletter - May 2012

In This Issue: - Editor’s Overview ...1 - Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits ...2 - Class Warfare — ERISA Class Litigation in Light of Wal-Mart v....more

First Circuit’s Oral Argument in Rost Revisits Prior Case Law Expanding False Claims Act Liability

On May 8, 2012, the United States Court of Appeals for the First Circuit heard oral arguments in United States ex rel. Rost v. Pfizer, Inc. (10-2215). The central issues in the case are whether compliance with the federal...more

Specificity Required: Pleading Requirements Not Met for Medical Providers Pursuing ERISA Benefits Via Their Patient's Assignment

Medical providers must specifically allege the medical plans, the terms breached, and the assignment when pursuing benefits by assignment from their patients under Employee Retirement Income Security Act of 1974 (ERISA). In...more

Faitro v. Top Surgeons et al.

Demurrer to First Amended Complaint

Defendants' demurrer to the First Amended Complaint's UCL, FAL and CLRA causes of action based on failure to plead reliance, and failure to plead requisite damages sufficient to confer standing under Simpson Strong Tie v....more

Faitro v. Top Surgeons et al.

Defendants' Petition to Compel Arbitration

Defendants filed their petition to compel individual arbitration of the putative class action claims pursuant to the United Supreme Court's ruling in Concepcion v. ATT. Briefing schedule and hearing date to be set by the...more

Prime Partners IPA of Temecula Inc et al v. Kali P Chaudhuri et al

Opposition to Motion to Dismiss

Plaintiffs' Opposition to defendants' motion to dismiss the fraud and racketeering charges against them...more

Prime Partners IPA of Temecula Inc et al v. Kali P Chaudhuri et al

Plaintiffs' Opposition to Motion to Strike

Plaintiffs' Opposition to Defendants' Motion to Strike the predicate acts plead as part of a long-term, ongoing racketeering enterprise...more

"Infected" Tissue Claim Not A Consumer Fraud Claim

Readers have seen my warnings about plaintiff attorneys trying to turn every marketing statement of opinion or puffing into a consumer fraud claim. Now comes a decision about a non-consumer product consumer fraud claim. A...more

Senate Bill 558 - Letter to California Assembly Judiciary Committee in Opposition

SB 558 proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance of...more

Courts are Required to Award Attorney Fees to a Substantially Prevailing Party in Peer Review Lawsuits

In Smith v. Selma Community Hospital, 2010 DJDAR 13933 (2010), the California Court of Appeal, Fifth District, held that under Business and Professions Code Section 809.9, a substantially prevailing party in a peer review...more

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