Civil Procedure – May 23, 2012

by Proskauer - California Employment Law on 5/21/2012

Joy Cash, who is not a licensed or trained nurse, cared for Iola Winn, who is in her 90's, in Winn's home. After she left her employment, Cash sued Winn for failure to pay her overtime wages. Winn claimed that Cash was a...more

by Proskauer - Class & Collective Actions on 5/16/2012

Applying a broad interpretation to the Administrative exemption under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 213(a)(1), the United States Court of Appeals for the Seventh Circuit held, Tuesday, that pharmaceutical...more

by Ropes & Gray LLP on 5/14/2012

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

by Ober|Kaler on 5/9/2012

In the recently decided case University Med. Ctr., Inc. v. Sebelius [PDF], the U.S. District Court for the District of Columbia upheld CMS policies regarding nonhospital training agreements as those policies were applied in...more

by King & Spalding on 4/25/2012

On April 13, 2012, Health and Human Services Secretary Kathleen Sebelius filed a petition for writ of certiorari with the U.S. Supreme Court requesting that the Court overturn the D.C. Circuit’s ruling that equitable tolling...more

by Ober|Kaler on 4/24/2012

On March 26, 2012, the U.S. District Court for the District of Columbia upheld the application of the Department of Health and Human Services’ (HHS) “must-bill” policy to two long term care providers attempting to collect...more

by McDermott Will & Emery on 4/20/2012

On March 30, 2012, the U.S. Court of Appeals for the Fourth Circuit published its long-awaited decision in the case of United States ex rel. Drakeford v. Tuomey Healthcare Sys., No. 10-1819 (4th Cir. 2012). The Fourth...more

by Sedgwick LLP on 4/18/2012

California Code of Civil Procedure section 425.16 – known as the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute – provides a procedural mechanism to test, before costly discovery and pre-trial...more