Civil Procedure, Antitrust & Trade Regulation, Health Law

Insurance Antitrust Legal News - May 2013 • Volume 2, Number 3

by James M. Burns | Dickinson Wright on 5/2/2013

In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more

Supreme Court Limits State Action Immunity In Federal Trade Commission v. Phoebe Putney Health Systems

by Susan E. Foster, Cori Gordon Moore | Perkins Coie on 3/4/2013

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more

High court scales back antitrust exemption

by Jarod Bona on 2/28/2013

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities...more

Supreme Court Reins in State Action Immunity

by Baker, Donelson, Bearman, Caldwell &... on 2/28/2013

Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more

Merger-To-Monopoly Held Not Protected By State-Action Immunity

by Matthew Hans, Mitchell Raup | Polsinelli on 2/27/2013

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more

The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from...

by Michael Denniston, Jay L. Levine | Bradley Arant Boult Cummings LLP on 2/27/2013

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more

Supreme Court Unanimously Rejects Antitrust Immunity in Hospital Merger Case

by Robert Buchanan, Jr., Michael Gass, Julia Hesse, Christine Savage | Choate Hall & Stewart LLP on 2/26/2013

What you need to know: The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia. What you need to do: Companies should conduct careful analysis before investing...more

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

by Daniel E. Hemli, Jacqueline R. Java | Bracewell & Giuliani LLP on 2/25/2013

On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 2/21/2013

In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more

Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability

by Jeffrey W. Brennan, Christine Devlin, Ashley Fischer, David Marx, Jr, Stephen Wu | McDermott Will & Emery on 2/21/2013

The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more

Cost-Shifting Mandatory when Non-Party Subpoena Cost of Compliance is “Significant”

by Kenneth J. Treece, B. Jay Yelton III | Miller Canfield on 11/27/2012

In United States v Blue Cross Blue Shield of Michigan, the U.S. Department of Justice (DOJ) filed suit against Blue Cross alleging violations of federal antitrust laws. The DOJ issued non-party subpoenas to two hospitals...more

Insurance Antitrust Legal News - November 2012 • Volume 1, Number 4

by Dickinson Wright on 11/1/2012

In This Issue: - DOJ and FTC Hold Public Workshop to Consider the Antitrust Issues Raised by “Most Favored Nation Clauses” in Health Insurance Contracts by James M. Burns: On September 10, the Federal Trade...more

Insurance Antitrust Legal News - July 2012 • Volume 1, Number 2

by Dickinson Wright on 7/3/2012

In This Issue: - Title Insurers Gain Big Antitrust Vict ory in the Third Circuit by James M. Burns - On June 14, the title insurance industry received good news from the Third Circuit Court of Appeals, as the court...more

Phoebe Putney - The Supreme Court Grants Certiorari to Determine the Boundaries of State Action Antitrust Immunity

by Proskauer Rose LLP on 7/2/2012

On June 25, 2012, the U.S. Supreme Court granted the Federal Trade Commission's request to hear arguments in FTC v. Phoebe Putney Health System, Inc., a highly anticipated hospital merger case which likely will clarify the...more

Supreme Court to Hear FTC Challenge to Georgia Hospital Merger

by Dickinson Wright on 6/28/2012

On June 25, the United States Supreme Court granted the Federal Trade Commission’s request that it review the 11th Circuit’s decision in Federal Trade Commission v. Phoebe Putney Health System. The case involves the FTC’s...more

Insurance Antitrust Legal News - May 2012 • Volume 1, Number 1

by Dickinson Wright on 5/3/2012

In this issue: - McCarran Repeal Legislation Passes in the House In late March, legislation that would repeal the health insurance industry’s antitrust exemption, contained in the McCarran Ferguson Act (15 USC...more

District Court Dismisses Follow-On Suit Challenging Blue Cross's "MFN-Plus' Contracts Under Both Per Se and Rule of Reason...

by Sheppard Mullin Richter & Hampton LLP on 4/13/2012

The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of Michigan's practice of requiring hospitals to enter into "MFN-Plus"...more

Legal Alert: Court Grants Partial Summary Judgment in Favor of Hospitals in Nurse Wage-Fixing Lawsuit

by FordHarrison on 3/29/2012

Executive Summary: On March 22, 2012, a Michigan federal district court granted summary judgment on some, but not all, antitrust claims alleged in a nurse wage-fixing lawsuit against five Detroit-area hospitals....more

Case Study: Messner V. Northshore

by Mintz Levin - Antitrust on 2/10/2012

Law360, New York (February 09, 2012, 6:45 PM ET) -- In the health care antitrust world, the Federal Trade Commission Evanston case, involving a retrospective attack on the consummated merger between Evanston...more

New Seventh Circuit Decision Endorses Heightened Scrutiny of Experts at Class Certification Stage While Potentially Lowering the...

by Mintz Levin - Antitrust on 1/27/2012

In the health care antitrust world, the Federal Trade Commission (FTC) Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important...more

ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim

by Sheppard Mullin Richter & Hampton LLP on 9/21/2011

The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA")...more

Health Headlines - June 20, 2011

by King & Spalding on 6/20/2011

In This Issue: - District Court Upholds CMS’s Disallowance Of Illinois Medicaid “Provider Tax” - An IRS Advisory Committee Recommends Changes To IRS Rules For Group Exemptions - Eighth Circuit Denies Antitrust...more

Nursing Home Settles Lawsuit After Fraudulent Records Discovered

by Jonathan Rosenfeld - Chicago Personal Injury... on 1/7/2011

When it comes to nursing home litigation, patient records really are the Holy Grail. Patient records are important in both assessing the initial case as well as determining how to proceed from a litigation standpoint. In...more

Health Headlines - December 13, 2010

by King & Spalding on 12/13/2010

In This Issue: - Federal Court Strikes Down Health Reform Mandate for Individuals to Maintain Health Insurance - Bill to Extend Medicare Physician Payment Fix Goes to President’s Desk for Signature - NY OMIG...more

California Court of Appeal Holds That Insurers Owe No Duty to Disclose Alternate Pricing Options to Current or Prospective...

by Manatt, Phelps & Phillips, LLP on 12/6/2010

In Levine v. Blue Shield of California, No. D056578, __ Cal. App. 4th __, 2010 Cal. App. LEXIS 1893 (Nov. 5, 2010), the Fourth District Court of Appeal, Division One, issued an important published decision that limits the...more

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Civil Procedure › Antitrust & Trade Regulation › Health Law