Civil Procedure › Health Law › Consumer Protection

OSHA Announces Whistleblower Protections Under The Affordable Care Act

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an...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

"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

Supreme Court Strengthens Preemption Defense for Manufacturers

In Wyeth v. Levine, 555 U.S. 555 (2009), the United States Supreme Court held that certain failure to warn claims against manufacturers of brand-name pharmaceuticals were not preempted by the Federal Food, Drug and Cosmetic...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

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

SB 558 is 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...more

State of West Virginia v. Rite Aid of West Virginia, Inc.

Order Denying Motion to Dismiss Amended Complaint

On March 15, 2011, the Circuit Court of Boone County, West Virginia entered an Order denying Defendant Rite Aid of West Virginia, Inc.'s Motion to Dismiss the State's Amended Complaint. The State's Amended Complaint alleges...more

FTC Gets Shut Down - Once Again - In Its Bid To Change How Courts View Reverse Payment Settlements

As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this time directed at two...more

Debt and Mental Health Law in Scotland

First published in the Adviser (March/April 2010)...more

When Does a Citation Become a Misrepresentation?

The unfortunate reality for most long term care providers is that citations happen. While providers strive for citation-free surveys, the seeming subjectivity, inconsistency, and unpredictability of the regulatory oversight...more