Civil Procedure Health Consumer Protection

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Ascertainability Issues Preclude Certification of a Class of Individuals Alleging Violations of the Fair Debt Collection Practices...

The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality, and predominance...more

California Court of Appeal Rules Damages Are Unavailable To Plaintiff Patients Where Patient Information On Stolen Computer Was...

Until last week, Sutter Health was looking at a potential jury verdict in excess of $4 billion against several of its affiliated hospitals in a class action suit filed under the California Medical Information Act, California...more

Appellate Court Rules Medical Information Must Actually Have Been Viewed by an Unauthorized Person for a Plaintiff to Recover...

The California Court of Appeal recently held that in order to recover under California’s Confidentiality of Medical Information Act (CMIA), Civ. Code §§ 56 et seq., a plaintiff must plead and prove that the “stolen medical...more

California Court Dismisses Data Breach Class Action

Last week, the California Third District Court of Appeal dismissed what may have been the largest health data breach class action in history. Consistent with a trend of similar dismissals, the California state appellate court...more

California Appellate Court Requires Actual Viewing of Confidential Information in Data Breach Case Under the California Medical...

In a case against Sutter Health involving records from a stolen office computer, the California Court of Appeal recently issued a decision limiting plaintiffs’ ability to state a claim and obtain statutory damages under the...more

California Court Grants Hospital Summary Judgment on Data Breach Claim

In its recent decision in Eisenhower Medical Center v. Superior Court, 226 Cal. App. 4th 430(Cal. App. 4th Dist. 2014), the Court of Appeal of California, Fourth District, had occasion to consider whether a medical facility’s...more

Data Breach Class Action Not Barred by Lack of Individual Injury in West Virginia

In a potentially groundbreaking decision, the Supreme Court of Appeals of West Virginia reversed a trial court’s order denying class certification in a data breach class action. The case, Tabata v. Charleston Area Medical...more

Tenth Circuit Rejects State Law Challenge to FAA Primacy

In the aftermath of AT&T Mobility, LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, consumer lawyers have frequently argued that arbitration agreements should be invalidated if features other than the...more

Bloomberg Law: Actavis Court Requires Case-by-Case Analysis of Anticompetitive Effects of Reverse-Payment Settlements

This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements. ...more

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

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