Benesch

200 Public Square Suite 2300
Cleveland, OH 44114-2309, United States

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  • 216.363.4588

Post-Acute Care Summary Report - 2014: Benesch Health Care Market Intelligence

In this Issue: - Key Findings - Subsector Activity - Regulatory/Legal - Reimbursement - Excerpt from Key Findings: • The post-acute care (PAC) sector has seen an increase in mergers…more
| Commercial Law & Contracts, Mergers & Acquisitions, Health

Skinnygirl Squeezes Past Class Action For Deceptive Advertising

Amy Langendorf alleged that Skinnygirl Margarita, a pre-mixed alcoholic beverage, contains the non-natural preservative sodium benzoate, rendering the product’s “all natural” label false and misleading. Langendorf filed suit…more
| Civil Procedure, Communications & Media Law, Products Liability

Sixth Circuit: Attempt To Collect Statutory Interest Violates FDCPA If Displaced By Contract

In Stratton v. Portfolio Recovery Assoc., LLC, No. 13-6574 (6th Cir. Oct. 24, 2014), the Sixth Circuit reversed dismissal of a putative class action, holding a party’s waiver of statutory interest in favor of a different…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Consumer Protection

Sender Of Faxes May Be Directly Liable For TCPA Violations

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the…more
| Civil Procedure, Communications & Media Law, Consumer Protection

OSHA Revises Its Recordkeeping Rule

Employers must report to the federal Occupational Safety and Health Administration all work-related deaths within eight hours and all in-patient hospitalizations, amputations and losses of an eye within 24 hours under a newly…more
| Labor & Employment Law

Private Equity Summary Report 2014

In This Issue: 1. Key Findings 2. Disruptive Forces 3. Health Care Private Equity Overview 4. Transaction Value 5. Subsector Activity 6. Venture Capital 7. Accountable Care Organizations 8…more
| Finance & Banking, Mergers & Acquisitions, Health, Science, Computers, & Technology

District Court Rejects FCC’s Expansive Definition Of ATDS In Putative TCPA Class Action

In Marks v. Crunch San Diego, LLC, No. 14-cv-00348 (S.D. Cal. Oct. 23, 2014), the Southern District California granted summary judgment in favor of Crunch San Diego, LLC (“Crunch”) in a putative class action alleging that Crunch…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Third-Party Provider Of Customer Service Falls Within Exception To Video Privacy Protection Act

The Seventh Circuit Court of Appeals affirmed summary judgment in favor of Redbox Automated Retailer (“Redbox”), in a suit alleging that Redbox violated the Video Privacy Protection Act, 18 U.S.C. § 2710 (“VPPA”). Sterk v…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Cartoon Network Defeats Video Privacy Class Action

In Ellis v. Cartoon Network, Inc., No. 14-cv-00484 (N.D. Ga. Oct. 8, 2014), the Northern District of Georgia recently granted a motion to dismiss a putative class action filed against Cartoon Network for alleged violations of…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Court: USCIS should consider ‘life experience’ for specialized knowledge L-1B visa

In holding that cultural traditions and life experience can be considered “specialized knowledge” for purposes of obtaining an L-1B intracompany transferee visa, a United States appeals court rejected the proposition that a…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Immigration Law

Affirmative “Motion To Deny Class Certification” Granted Due To Conflicting State Consumer Protection Laws

Amy Coe filed a putative class action against Philips Oral Healthcare, Inc. (“Philips”), alleging that several of the defendant’s vibrating toothbrushes were defective and failed to perform as advertised. Coe v. Philips Oral…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Ohio Supreme Court Rules On Applicability of Dual Intent Doctrine When Determining Eligibility For Workers’ Compensation Benefits

On October 21, 2014, the Supreme Court of Ohio in Friebel v. Visiting Nurse Assn. of Mid-Ohio addressed whether the doctrine of dual intent or dual purpose is applicable when determining eligibility for workers’ compensation…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation, Health

OIG Announces Proposed AKS and CMP Regulations

On October 3, 2014, the Office of the Inspector General (“OIG”) issued a proposed rule codifying into regulation several statutory changes to the Antikickback Statute (“AKS”) and the Civil Monetary Penalty (“CMP”) Law. Nearly…more
| Health, Science, Computers, & Technology

Changes Coming to Nursing Home Compare

The Centers for Medicare and Medicaid Services (“CMS”) has announced that the Nursing Home Compare Five Star Quality Rating System will soon undergo some changes. The rating system has experienced recent criticism for relying…more
| Health

Settlement of Junk Fax Class Action Denied Due to Likelihood of Low Payout to Class Members

In Small v. Target Corp., No. 13-cv-01509 (D. Minn. Oct. 8, 2014), the District Court recently denied preliminary approval of a class action settlement due to concerns regarding the use of a “reverter” provision in the…more
| Civil Procedure, Civil Remedies, Communications & Media Law
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