Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Full text copy of the unanimous U.S. Supreme Court ruling in Association for Molecular Pathology v. Myriad Genetics that human genes may not be patented because they occur naturally in nature.
From Greg Stohr writing for...more
After a four-week retrial, a federal jury concluded on May 8, 2013 that Tuomey Healthcare System (Tuomey) violated both the Stark Law and the False Claims Act (FCA). The jury determined that Tuomey violated the Stark Law by...more
On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more
The United States District Court for the Eastern District of Pennsylvania’s opinion in Nazareth Hosp. v. Sebelius, slip op. no. 10-3513 furnished a surprising victory to two providers that challenged the calculation of the...more
On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...more
Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A...more
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
If you thought that the legal battle over the constitutionality of the Patient Protection and Affordable Care Act ("ACA") was put to rest in NFIB v. Sebelius, you may want to pay attention to Liberty University v. Geithner. ...more
Our preview of the September term of the Illinois Supreme Court concludes with Hope Clinic for Women v. Adams. Although Hope Clinic arises from a constitutional challenge to Illinois’ Parental Notice of Abortion Act, the...more
Overruling its decision in Adams By and Through Adams v. Children’s Mercy Hosp., 832 S.W.2d 898 (Mo. banc 1992), the Missouri Supreme Court in a 4 to 3 decision held that section 538.210 RSMo 2000 is unconstitutional to the...more
By a 5-4 vote and on the strength of an opinion by Chief Justice John Roberts, the United States Supreme Court upheld the individual mandate in President Obama’s signature Patient Protection and Affordable Care Act. Strictly...more
On June 28, in a 5-4 decision, the Supreme Court decided the first consolidated cases on Health Care Reform. Those cases challenged the constitutionality of two provisions of the Patient Protection and Affordable Care Act...more
On June 28, 2012, in the most highly anticipated ruling of this Term, the U.S. Supreme Court issued its opinion regarding the constitutionality of the Patient Protection and Affordable Care Act of 2010 (the ACA) in National...more
In a landmark decision, the U.S. Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA), ruling that:
- The individual mandate was a valid exercise of Congress’ taxing power...more
In a 5-4 decision, the United States Supreme Court ruled that the Patient Protection and Affordable Care Act (“ACA”) is constitutional. The majority opinion, authored by Chief Justice Roberts, upheld the centerpiece of the...more
Ending months of uncertainty following three days of historic oral arguments, on June 28, 2012, the last day of the 2011–2012 session, the U.S. Supreme Court ruled on the Patient Protection and Affordable Care Act (ACA). The...more
In This Issue:
Leading the News; Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; and Hearings & Mark-ups Scheduled.
Yesterday was a historic day as the US Supreme Court ruled 5-4 to uphold the Affordable Care Act. As political pundits and news outlets continue to parse through the opinion and dissents, we wanted to share this link to an...more
The long-awaited Supreme Court decision brings clarity to the future of health care reform and the implementation of the Affordable Care Act (ACA). The following represents Manatt’s first take on the ruling and its...more
In its decision announced June 28, the Supreme Court reviewed Congress’s constitutional authority to enact two aspects of the Patient Protection and Affordable Care Act of 2010 (ACA): the individual mandate and the ACA’s...more
In a long-awaited decision, the Supreme Court upheld the constitutionality of the Affordable Care Act. The debate centered on the constitutionality of two provisions of the ACA: the highly-publicized individual mandate, and...more
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
It is expected that the Supreme Court will hand down its decision on Health Care Reform this Thursday. As we discussed in a previous post, there is a real possibility that the Court will strike down the entire Affordable...more
In a decision issued June 5, 2012, a federal district court allowed suit by a hospital challenging the validity of Medicare regulations providing that a contractor’s decision to reopen an initial determination is not...more
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
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