Civil Procedure, Health Law, Mergers & Acquisitions

Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions...

by Calvin Marshall | Chambliss, Bahner & Stophel, P.C. on 4/26/2013

On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc.,...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

Court Rejects Novant’s Challenge to CON Policy AC-3 for Academic Medical Centers

by Pamela A. Scott | Poyner Spruill LLP on 12/24/2012

The North Carolina Court of Appeals recently affirmed a final agency decision to award a CON for a new ambulatory surgical facility to North Carolina Baptist Hospital (Baptist Hospital), on the basis that the petitioners...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

Alabama Supreme Court Announces Five-Part Test for Application of the Physician Office Exemption Under the Certificate of Need...

by Bradley Arant Boult Cummings LLP on 3/14/2012

On March 2, 2012, the Alabama Supreme Court announced a decision that will provide essential guidance as to when the Physician Office Exemption (“POE”) applies under Alabama’s Certificate of Need (“CON”) rules and...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

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Civil Procedure › Health Law › Mergers & Acquisitions