News & Analysis as of

CVS

California Court Approves $700,000 Settlement for Seating Claim Brought By Retail Employees

by FordHarrison on

The effects of the California Supreme Court’s latest interpretation to provide seating to workers are beginning to show, as the United States District Court for the Central District of California recently approved a $700,000...more

Take a Seat: Takeaways from Bank of America’s $15 Million Suitable Seating Settlement

by Hirschfeld Kraemer LLP on

As we previously blogged here, in April 2016, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court ruled, without providing much guidance, that suitable seating is required “when the nature of the work reasonable...more

First Circuit Holds That, for Original Source Exception to the False Claims Act’s Public Disclosure Bar to Apply, Information...

by Ropes & Gray LLP on

On June 30, 2016, the First Circuit addressed the kinds of information that a relator must provide to qualify as an original source to avoid dismissal under the False Claims Act’s (“FCA”) public disclosure bar. In United...more

Drug Pricing Update

by Goodwin on

In August 2016, we reported that CVS dropped Neupogen® (filgrastim) and Lantus® (insulin glargine) from its standard formulary and replaced them with biosimilar versions. Hikes in insulin drug prices have prompted pharmacies...more

Indiana Tax Court Affirms Assessment Reductions For Retail Property Used As CVS

by Faegre Baker Daniels on

In Monroe County Assessor v. SCP 2007-C-26-002, LLC a/k/a CVS 3195-02 (Nov. 4, 2016), the Indiana Tax Court affirmed the 2009 – 2013 assessment reductions of a 13,000 square foot retail store operated as a CVS. During the...more

Basaglar (Insulin Glargine Injection) Launches in US

by Goodwin on

Eli Lilly and Boehringer Ingelheim announced today that their insulin glargine injection product, Basaglar® (a follow-on biologic for Sanofi’s Lantus®), is now available by prescription in the U.S. Although Basaglar is...more

Stopping The Sale of Gray-Market Medical Devices

by Burns & Levinson LLP on

On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was...more

CVS Pharmacy: (W)ealth is Everything?

by Robins Kaplan LLP on

Today, a CVS Pharmacy located in Naples, Florida on the way to Marco Island, Florida is open for business. While this may spell good news for tourists in need of sunscreen and the seasonal “snow birds” picking up their...more

Omnicare Inc. Settles Kickback Allegations for $28 Million

by Dorsey & Whitney LLP on

The United States Justice Department (DOJ) announced this week that Omnicare, Inc. (Omnicare), the largest nursing home pharmacy in the United States, will pay approximately $28 million dollars to resolve charges that it...more

First Circuit Reinstates Consumer Action Previously Dismissed on FDCA Preemption Grounds

by Baker Donelson on

In 2014, Ronda Kaufman brought a proposed nationwide class action against drug store giant CVS alleging that the labeling of its Vitamin E supplements misled consumers about heart health benefits. Kaufman's complaint, among...more

CVS to Replace Two Brand-Name Biologics with Follow-on/Biosimilar Products in 2017

by Goodwin on

Yesterday, CVS announced that it would be dropping two brand-name biologic drugs from its standard formulary (list of medications CVS will cover): Amgen’s Neupogen® (filgrastim), and Sanofi’s Lantus® (insulin glargine). CVS...more

First Circuit Affirms Dismissal For CVS Caremark Under Public Disclosure Bar

by Dorsey & Whitney LLP on

The FCA’s public disclosure bar precludes liability when a relator’s allegations have been publicly disclosed in a list of statutorily enumerated sources. Last week, the First Circuit added to the growing jurisprudence both...more

Pharmacy Settles Claim for Filling Forged Rx’s, as Trend Continues

by Faegre Baker Daniels on

There was a time when liability—criminal or civil—for drug abuse or forged prescriptions usually lay only with the abuser or the forger and those who actively helped them. Those days are long gone. First, we had PDMPs...more

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

Alert: California Supreme Court Clarifies Employers' Obligation to Provide "Suitable Seating" to Employees

by Cooley LLP on

The California Supreme Court has issued a recent opinion (Kilby v. CVS Pharmacy, Inc., No. S215614) interpreting, for the first time, California's Wage Order requirement that "all working employees shall be provided with...more

Take a Seat (if Reasonable): The California Supreme Court “Clarifies” Employee Seating Requirements

by Hirschfeld Kraemer LLP on

In April, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court weighed in, at the request of the Ninth Circuit, on elements of two California Wage Orders that have, until now, received relatively little notice, and...more

Employment Law Commentary, April 2016: Kilby V. CVS Pharmacy: The California Supreme Court In The Driver’s Seat Clarifies Seating...

by Morrison & Foerster LLP on

Kilby V. CVS Pharmacy: The California Supreme Court In The Driver’s Seat Clarifies Seating Standards In The Workplace - Most of the California Industrial Welfare Commission’s industry and occupational wage orders...more

Pull up a Chair: California Supreme Court Weighs in on Suitable Seating

by Weintraub Tobin on

To sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer. Even that’s a stretch. Pull up a seat and I will...more

California Supreme Court Tells Employers to Sit a Spell While Courts Review Individual Factors for Suitable Seating

by BakerHostetler on

“Shut the door. Have a seat.” The phrase immediately conjures emotions from the recipient. Most likely, life-changing (typically bad) news is about to be imparted. For Mad Men fans, it harkens to the third-season finale when...more

Are You Sitting Down for This? The California Supreme Court Offers Guidance to Employers For Meeting Their Seating Obligations

Most employers rarely think about their obligation to provide seats for their employees. The California Supreme Court’s recent decision in Kilby v. CVS Pharmacy should have employers standing up and taking...more

The California Supreme Court’s Ruling on Suitable Seating – a Legal and Ergonomics Perspective

by Conn Maciel Carey LLP on

A recent California Supreme Court ruling provides crucial new guidance on how courts should weigh the evidence in so-called “suitable seating” cases, which employee litigants are bringing under the state requirement that...more

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

Take a Seat! California Supreme Court Provides Clarity on California’s Suitable Seating Laws - A recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of...more

To Seat, or Not to Seat: That is the Question

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Seats must be provided for each location where the work reasonably permits. It started like a bad joke. A cashier and a bank teller walk into a bar—actually, a federal court served by the Bar—and sue...more

Sitting on the Job: When California Employers Must Provide Seats

by Latham & Watkins LLP on

Employees are entitled to sit at work when the nature of the work reasonably permits the use of seats. On April 4, 2016, the California Supreme Court, in an opinion authored by Justice Carol A. Corrigan, clarified...more

Only In California: Standing Up For Sitting Down

California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the...more

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