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Class Certification Health Care Providers

Baker Donelson

How Health Care Providers Can Avoid Class Certification

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Introduction - Providing health care services comes with significant risk. When a provider is caring for the physical or emotional well-being of others, much can go wrong that potentially subjects the provider to a lawsuit....more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Foley & Lardner LLP

Seventh Circuit Addresses Mandatory Local Controversy Exception to the Class Action Fairness Act

Foley & Lardner LLP on

Since its enactment in 2005, the Class Action Fairness Act (CAFA) has provided defendants with additional opportunities to remove state-law claims to federal court. Among other things, the statute expands federal courts’...more

Seyfarth Shaw LLP

Court Declines To Certify Class Of Sexually Assaulted Hospital Patients

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more

Seyfarth Shaw LLP

Sixth Circuit Allows Appeal Of Novel Class Action Ordered In Nationwide Opiate Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the ...more

McDermott Will & Emery

Class Certification Denied in ERISA Health Coverage Lawsuit

McDermott Will & Emery on

A federal district court denied class certification to health plan participants who claimed the plan promised them lifetime benefits. The court found too many individualized questions about what the plan told each...more

Farrell Fritz, P.C.

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

Farrell Fritz, P.C. on

Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

Polsinelli

Northern District Federal Court Orders Presumptive Eligibility for Medicaid Applicants for Long Term Care Services

Polsinelli on

A recent ruling by Judge Gotschall in the United States District Court for the Northern District of Illinois, Eastern Division made it abundantly clear that the state has 90 days to bring its procedures for processing...more

Holland & Knight LLP

Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

Holland & Knight LLP on

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the...more

Morris James LLP

Superior Court Sets Out Rules For Class Certification

Morris James LLP on

Wilmington Pain & Rehabilitation Center P.A. v. USAA General Indemnity Insurance Co., No. N15C-06-218 JRJ CCLD (October 17, 2017) - This is an important decision became it sets out the most recent rules for determining...more

Haight Brown & Bonesteel LLP

San Diego Health Care Provider Defeats Class Certification in Lawsuit Challenging Legality of Medical Bills

In Kendall v. Scripps Health (D070390), filed 10/18/17, publication order 10/23/17), the California Court of Appeal, Fourth Appellate District held that a motion for class certification was properly denied in a case where the...more

Robinson+Cole Data Privacy + Security Insider

Data processing company hit with class action lawsuit for data breach and Judge denies class certification the next day

Advanced Data Processing, Inc. and Intermedix Corp. were sued in federal court in Florida last week for violating the Health Insurance Portability and Accountability Act (HIPAA) for failing to protect the health information...more

King & Spalding

Court Dismisses Data Breach Class Complaint For Lack Of Standing

King & Spalding on

On February 11, 2015, the U.S. District Court for the Southern District of Texas held that a plaintiff lacked standing to pursue claims for alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq....more

Cozen O'Connor

Data Breach Plaintiff Given Second Chance to Certify Class Action Suit

Cozen O'Connor on

Recently, the Pennsylvania Superior Court ruled in favor of data breach plaintiff Avrum Baum, giving him a second chance to certify a class action suit against Keystone Mercy Health Plan. Baum brought suit against the...more

BakerHostetler

Detroit District Court Certifies Antitrust Class of Registered Nurse

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What is the right compensation for a particular job? That’s the question virtually every employer must face. Pay too little, and the employer may not be able to fill a position or must settle for less than the best...more

BakerHostetler

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

BakerHostetler on

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

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