Commercial Law & Contracts

Read Health Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 22, 2013

Stark Exception For ESRD Not Recognized In Florida

by David Schick | BakerHostetler on 2/14/2013

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

Health Law Alert: Supreme Court Endorses Nursing Home’s Use of Pre-Dispute Arbitration Agreement

by Ober|Kaler on 3/2/2012

The United States Supreme Court recently affirmed – in strong terms – the broad reach of the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) as applied to predispute arbitration agreements between...more

Ninth Circuit Holds Medicare Act’s Exhaustion Requirements And Preemption Provision Bar Plaintiffs’ Common Law Claims

by Sedgwick LLP on 9/1/2010

At long last, the Ninth Circuit Court of Appeals issued its second opinion in the Uhm v. Humana, Inc., -- F.3d -- (9th Cir. 2010), matter, which found the Medicare Act's exhaustion requirements and preemption provision barred...more

Federal Government to Provide Its Position on Generic Preemption to the U.S. Supreme Court

by Duane Morris LLP on 8/3/2010

Following the U.S. Supreme Court's March 2009 landmark decision in Wyeth v. Levine, state and federal courts have struggled with how to apply Levine to failure-to-warn products liability claims against generic pharmaceutical...more

United States' Amicus Brief Argues Medicare Act Preempts Statutory Consumer Protection and State Common Law Claims

by Barger & Wolen on 11/16/2009

Since January 1, 2006, Part D of the Medicare Act has provided Medicare beneficiaries with an elective prescription drug benefit option. Under Part D, benefits are administered to beneficiaries through private health...more

Claims by Health Care Provider Against Employer Not Preempted by ERISA When Claims Arise From an Oral Contract Separate From ERISA...

by Barger & Wolen on 9/23/2009

In Marin General Hospital v. Modesto & Empire Traction Co., ___ F.3d. ___, 2009 WL 2882832 (9th Cir. 2009), the Ninth Circuit Court of Appeals considered whether section 502(a)(1)(B) of ERISA completely preempted state-law...more

Airline Management Letter - March 1, 2009

by FordHarrison on 3/1/2009

IN THIS ISSUE: *Ninth Circuit Holds that RLA Does not Pre-empt Employees' State Law Claims *NMB Finds Delta and Northwest Operate as Single Transportation System *House Passes Airline Flight Crew Technical Corrections...more