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Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Injunction Enjoining Enforcement of HHS Attestation Rule Affirmed

by Foley & Lardner LLP on

The Court of Appeals for the District of Columbia affirmed the District Court’s decision in Central United Life v. Burwell on July 1, 2016. This decision is very significant for those assessing the future strength of, and...more

CFPB Director Cordray Issues First-Ever Agency Appellate Decision in RESPA Case

by Foley & Lardner LLP on

The Director of the Federal Consumer Financial Protection Bureau (CFPB), Richard Cordray, issued a decision yesterday in the first appeal of a Bureau administrative enforcement action. Cordray’s decision upholds in part,...more

The Crummey trust: Keeping both the IRS and the creditors at bay is taking some fancy footwork

by Charles E. Rounds, Jr. on

Since Crummey v. Commissioner was decided in 1968, the IRS has been making life difficult for the settlors of Crummey trusts. Only recently the parties again skirmished, this time over whether an in terrorem clause in the...more

Insurer Sues Department of Insurance Over Multi-Million Dollar Penalty

by Carlton Fields on

In suing the California Insurance Commissioner on July 10, 2014, PacifiCare Life Insurance Company sought a writ of mandamus ordering the Commissioner to set aside his Decision and Order imposing a record $173 million penalty...more

Unclaimed Property Round Up

by Carlton Fields on

The battle over unclaimed property continues to spawn increased litigation and regulatory activity. Litigation Highlights - In December 2013, a West Virginia court dismissed 63 lawsuits brought by the Treasurer...more

Subrogation Claims are “Equitable Relief” Governed by ERISA

That subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13, 2013) (Insurer’s counterclaim for return...more

Who Cares if I Give a COBRA Notice for My Dental Plan?

Employers are generally aware that medical plans are subject to continuation coverage under the federal law known as COBRA. They may forget that COBRA extends to all group health plans, including dental, vision and medical...more

Hospitals Win a Case Challenging CMS Policy to Include Part C Days in the SSI Fraction in the Medicare DSH Formula

by King & Spalding on

On November 15, 2012, the United States District Court for the District of Columbia released a 33-page opinion ruling in favor of a group of hospitals that had challenged CMS’s policy of including Medicare Part C patient days...more

Missouri Court of Appeals Reverses and Renders Summary Judgment, Holding Insurer Not Liable For Indemnity Because TCPA Statutory...

by Burr & Forman on

Plaintiff insurance company appealed the trial court’s summary judgment order in favor of Defendants who had settled an underlying action involving the allegedly unsolicited transmission of more than 10,000 faxes in violation...more

Proposed Settlement Would Prevent Medicare Denials for Chronically Ill and Disabled Due to Lack of Improvement

by Baker Donelson on

A proposed settlement has been reached between CMS and the plaintiffs in a national class action involving the denial of benefits to chronically ill and disabled Medicare beneficiaries. Many of these patients have had skilled...more

Proposed Settlement of Medicare Class Action Could Impact Chronic Care Benefits

by King & Spalding on

On October 16, 2012, representatives of the parties in the nationwide class action lawsuit styled, Glenda Jimmo, et. al vs. Kathleen Sebelius filed a proposed legal settlement with the chief judge of the Federal District...more

Medicare Therapy Coverage Policy to Be Revised

by Morgan Lewis on

Proposed class action settlement disavows and discontinues use of the "Improvement Standard." Under a proposed settlement of Jimmo v. Sebelius, No. 5:11-cv-00017 (D. Vt. filed Oct. 16, 2012) filed with the U.S....more

Supreme Court Will Not Review Sixth Circuit Ruling That Government May Seek Full Reimbursement of Medicare Payments to Beneficiary...

by King & Spalding on

On October 1, 2012, the United States Supreme Court said it would not review a decision by the U.S. Court of Appeals for the Sixth Circuit which ruled 2-1 that, upon settlement by a Medicare beneficiary with a third-party...more

Government Sanctioned for Destruction of Documents

by Morgan Lewis on

U.S. district court decision may now allow defendants in False Claims Act cases to obtain sanctions where potentially relevant documents are lost or destroyed due to the government's failure to issue a timely litigation...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: The Equal Access to Justice Act - A valuable tool for...

by McAfee & Taft on

Many farmers are all too familiar with the Risk Management Agency’s (RMA) role in administering the federal crop insurance program. In addition to promulgating regulations, drafting policies, and issuing bulletins affecting...more

Medicare Seeks to Safeguard Its Share of “Future Medicals” from Liability Settlements

by K&L Gates LLP on

The Centers for Medicare & Medicaid Services (“CMS”) has issued an advance notice of proposed rulemaking (“Notice”), soliciting comments on options for how beneficiaries and their attorneys can comply with Medicare Secondary...more

CMS Solicits Comments Regarding Options for Beneficiaries to Satisfy Their Obligations Under the MSP Statute for Settlements...

by King & Spalding on

In an Advanced Notice of Proposed Rulemaking (ANPR) published in the Federal Register on June 15, 2012, CMS is soliciting public comments on proposed standardized options for Medicare beneficiaries to resolve their...more

Recent Developments in the Life Settlement Industry - June 2012

by Dechert LLP on

The Delaware General Assembly is considering new legislation to address a contentious issue in the life settlement industry. A new law proposed in May 2012, Delaware Senate Bill No. 220 (the Senate Bill), would require a life...more

FSA Bans Introducer Appointed Representative Following Upper Tribunal’s Decision

On 22 May 2012, the FSA published a final notice issued to appointed representative Derek William Wright. The notice prohibits Mr. Wright from performing any function in relation to any regulated activity on honesty,...more

Supreme Court Review of Provider Medicaid Challenge: Is a Remand Good News for Providers?

by K&L Gates LLP on

A recent United States Supreme Court decision suggested, in a remand back to the Ninth Circuit Court of Appeals, that once the Centers for Medicare and Medicaid Services (CMS) approve a Medicaid state plan amendment, a...more

Lawsuit Challenges ALJ Final Decision Authority in Medicaid Appeals

by Poyner Spruill LLP on

The first case to contest North Carolina’s move to Administrative Law Judge (ALJ) final decisions in contested cases challenging administrative agency actions, is limited in scope and theory. On February 8th, Piedmont...more

Commercial General Liability Insurance Covers FLSA Claims: Republic Franklin Insurance Company v. Albemarle County School Board

by Sands Anderson PC on

Who pays for the defense of FLSA claims against a local government entity, and who pays for the liquidated damages and attorneys’ fees if the local government entity loses?  The Fourth Circuit Court of...more

Payment Matters: Court Rules Dual Eligible Days Properly Included in Medicaid Fraction of Medicare DSH Calculation

by Baker Donelson on

The United States District Court for the District of Columbia Circuit recently handed providers a victory in Catholic Health Initiatives – Iowa v. Sebelius, No. 10-cv-411 (D.D.C. Jan. 30, 2012), ruling that CMS used...more

Insurers Entitled To Judgment On Default Against Syria for International Act of Terrorism Under New U.S. Statute

Certain Underwriters at Lloyd’s, London, et al. v. Great Socialist People’s Libian Arab Jamahiriya, et al., Civil Action No. 06-cv-731 (JMF) (D.D.C. 2011), are two actions. The primary remaining defendants include Syria and...more

California Anti-Indemnity Statutes and Contractual Additional Insured Requirements

by Snell & Wilmer on

Contractual agreements between owners and general contractors and/or between general contractors and subcontractors routinely include “indemnity” and/or “additional insured” provisions. Indemnity provisions typically require...more

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