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Groundhog Day for Tuomey: Jury Finds Hospital Violated Stark Law and False Claims Act

On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more

Federal Court Orders FDA to Approve OTC Sales of “Morning-After Pill,” Finds Current Age and Point-of-Sale Restrictions to be...

On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...more

WLF Submits Comments on Abbott's Citizen Petition on Biosimilars

Last April, Abbott Laboratories filed a Citizen Petition with the U.S. Food and Drug Administration, asking the agency to refrain from accepting biosimilar applications under the Biologics Price Competition and Innovation Act...more

Stark Exception For ESRD Not Recognized In Florida

On January 10, 2013, the U.S. Court of Appeals for the Eleventh Circuit ruled in Fresenius Medical Care Holdings, Inc. v. Tucker, that an arrangement can violate Section 456.053 of the Florida Statutes, also known as...more

The Affordable Care Act Upheld: Now What For Our Clients?

On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more

The Supreme Court's Ruling on Health Care Reform: How Does it Impact Our Clients?

On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more

Fourth Circuit Discusses Stark Issues in Remand of Tuomey $45 Million Stark Verdict

On March 30, 2012, a three-judge panel for the United States Court of Appeals for the Fourth Circuit unanimously agreed to vacate a $44.9 million judgment against Tuomey Healthcare System, Inc. for Stark law violations,...more

California Anti-SLAPP Statute Protection Applies to Hospital's Termination of Physician Staff Contract

California Code of Civil Procedure section 425.16 – known as the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute – provides a procedural mechanism to test, before costly discovery and pre-trial...more

Another Attempt to Curb the Sale of Prescription Data Comes Up Empty

Last year, the Supreme Court limited the ability of states to regulate the sale of prescription data.  In Sorrell v. IMS Health, the Supreme Court determined that a 2007 Vermont law that effectively banned the...more

Lo sviluppo delle copie economiche dei farmaci off-patent e il bottleneck della distribuzione al dettaglio

Lo sviluppo delle copie economiche dei farmaci off-patent e il bottleneck della distribuzione al dettaglio. Brevi riflessioni sull'Italia...more

First Amendment Smorgasbord

While we’re all waiting for the Second Circuit to decide the Caronia case – and, we hope, hold that the FDA’s prohibiting the truthful promotion of off-label use violates the First Amendment – we’d like to pass along some...more

Healthcare Legal News: September 9, 2011 • Volume 1, Number 2

IN THIS ISSUE: “Double Jeopardy”: The Contractual Enforcement of Healthcare Laws and Regulations in Payor Agreements; Tax and Exempt Provider News; Healthcare Reform News; Reimbursement News; Licensing, Fraud and Abuse...more

Health Care Reform – Pending Litigation Cases

Since the Patient Protection and Affordable Care Act (PPACA) was enacted last year, several state attorneys general and other private plaintiffs have filed lawsuits to repeal it. These lawsuits, among other issues, challenge...more

Supreme Court Hints That Vermont’s Prescription Data Laws Violate Free Speech

Several Supreme Court justices strongly suggested recently during oral arguments that Vermont’s attempt to restrict the use of drug prescription records for marketing purposes violates corporate free-speech rights. Vermont’s...more

La manovra Aifa di taglio dei prezzi di rimborso sui farmaci off-patent di fascia "A" (Aprile 2011)

Si allega un breve commento alla recente decisione dell’Aifa di procedere al taglio dei prezzi di rimborso dei farmaci off-patent di fascia “A”. L’Aifa ha ottemperato a un dovere d’ufficio...more

Sorrell, et al., v. IMS Health Inc., et al.,

Brief Amicus Curiae of Pacific Legal Foundation and CATO Institute In Support of Respondents

Vermont passed a law prohibiting the exchange of a variety of socially important information. Most notably, the law outlaws the transfer of doctors' prescription history to facilitate drug companies' one-on-one marketing — a...more

Advertising Law Newsletter - January 31, 2011

In this issue: U.S. Supreme Court to Decide Marketing Consent Law; NAD Weighs In on Toning Shoes; ‘Well-Known’ Robocaller Banned from Telemarketing; FTC Settles False Environmental Certification Claims; and Kellogg Settles...more

You Can “Just Say No” To Weapons At Your Facility

There is NO constitutional right under the U.S. or North Carolina Constitutions for any person to possess a firearm or other weapon on the campus of your assisted living community or nursing facility. That means that you can...more