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Court Rejects Marijuana Retail Sale Defense: Medical Marijuana Program and Compassionate Use Act Ban Sales for Profit

A California appellate court recently held that neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows the sale of marijuana for profit and provided clarification on how to determine...more

Hospital’s State Law Claims against Health Plan Held Preempted by ERISA, Rules NJ Appellate Division

Last month a NJ Appellate Division panel held in three consolidated appeals that a NJ hospital’s state law claims that a health care plan must pay full price for medical services the hospital provided to plan participants are...more

US District Court Prohibits Enforcement of California 340B Medicaid Mandatory Carve-In Law

The 340B program permits eligible hospitals and other “safety-net” providers (340B Covered Entities) to purchase outpatient drugs from pharmaceutical manufacturers at significant discounts. To address its fiscal woes,...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

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

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

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

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

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...

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

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

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