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TRICARE Complaint Dismissed Against Florida Hospital

On March 28, 2014, the OFCCP withdrew its jurisdictional Complaint against Florida Hospital of Orlando after several years of litigation. OFCCP alleged it had jurisdiction to conduct an audit because the Hospital...more

Whistleblowers, Do Tell?

Whizzle Blour, a professor of surgery at University Medical School, complained to his supervisor that trauma residents at University Hospital were treating and operating on patients without an attending physician’s...more

California Supreme Court Allows Whistleblowing Doctor To Sue Before Exhausting Judicial Remedies

Fahlen v. Sutter Central Valley Hospitals, S205568 (February 20, 2014): The California Supreme Court recently held that a physician, who claimed that a hospital terminated his staff privileges in retaliation for raising...more

Allowing Ontario’s Privacy Tort To Develop In The Health Information Sphere — For Now

In the 1980’s the Supreme Court of Canada pre-emptively ended the development of a common law tort of discrimination. The case, Seneca College v. Bhadauria, stands out as one of the lost opportunities in the development of...more

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

Cal. Appellate Court: Cal. State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex...

The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more

SuperVision Today: 4th Quarter 2013

In This Issue: - Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending...more

Health Alert (Australia) - 28 October 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Judgments: Commonwealth - 23 October 2013 - Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA...more

State and Federal False Claims Act Defendant Seeks to Prevent Use of Claims Documents in Case Filed By Former Employees

United States ex rel. Bahnsen v. Boston Scientific Neuromodulation Corp., No. 11 CV 1210 (SDW) (MCA) (D.N.J.).: Two former employees of Boston Scientific Neuromodulation Corporation (BSNC) – one from its Customer Service...more

Manatt’s Amicus Briefs Help Protect LGBT Youth From Abusive “Gay Conversion” Therapy

In a highly publicized, published opinion, the Court of Appeals for the Ninth Circuit recently upheld California’s SB 1172, the first law in the United States to bar licensed mental health providers from treating patients...more

Health Alert (Australia) - 5 August 2013

In This Issue: - Cases - Legislation - Reports - Except from Cases: Australia. Family Court - Re: Jamie [2013] FamCAFC 110 - The child concerned, "Jamie", was born male but later...more

Okay For Health Plan To Cover Same Sex But Not Opposite Sex Domestic Partners

I have always been interested in the intersection of employment law and benefits law....more

The View From Proskauer: Health Care Reform Litigation Risks —The Intersection of ERISA Section 510 and the Affordable Care Act’s...

The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA). Prior to ACA, the Supreme Court held that ERISA did not require employers to...more

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

SuperVision Today - 4th Quarter 2012

In This Issue: - Notes from the Chair & Executive Editor - How do you maintain at-will employment if you can't tell anyone? - Update on Class Actions Following Dukes v. Wal-Mart - Important Employer-Related...more

How Broad are Illinois' State Rights to Privacy and Gender Equality?

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

Revolution in Disputes Between Hospitals and Their Physicians?

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

New York Appellate Division Rejects Age Discrimination Claim and Raises the Bar for Plaintiffs Bringing Discrimination Claims...

A divided Panel of New York's Appellate Division, First Department, issued a recent decision affirming the trial court's grant of summary judgment against a doctor suing his former employer, Montefiore Medical Center. Melman...more

Utah Employment Law Letter - March 2012: Hostile Work Environment: Sraight from the heart: Nurse files claims over operation...

This case comes at you straight from the heart, literally. Read on to find out how a nurse attempted to turn an incident involving a piece of tissue flung during heart surgery into claims that her rights under the First...more

WHAT ARE MY LEGAL RIGHT UNDER TITLE IV?

THIS DOCUMENT COVERS PATIENTS RIGHT UNDER TITLE 9-Title IV specifies conditions for group health plans regarding coverage of persons with pre-existing conditions, and modifies continuation of coverage requirements. ...more

YOUR RIGHTS AS A PERSON WITH HIV

KNOW YOUR RIGHTS: THIS DOCUMENT COVERS PEOPLE WITH HIV-WHO HAVE SPECIAL RIGHTS THEY SHOULD BE AWARE OF....more

Fenwick Employment Brief - October 15, 2009

In This Issue: *Employers should be prepared for swine flu issues in the workplace *Ninth circuit rules that physical capacity evaluation may constitute a prohibited medical examination under the ADA *Employee with...more

PAUL HEALY (A MINOR) SUING BY HIS MOTHER AND NEXT FRIEND, MICHELLE HEALY –v - THE HEALTH SERVICE EXECUTIVE AND ROBERT FITZSIMONS

Irish Medical Negligence Judgement - PAUL HEALY (A MINOR) SUING BY HIS MOTHER AND NEXT FRIEND, MICHELLE HEALY –v - THE HEALTH...

In these proceedings, it was claimed on his behalf that he suffered serious personal injuries a short time after his birth by reason of negligence and breach of duty on the part of the defendants. He sought damages from the...more

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