Failure to Report

News & Analysis as of

CMS Sends Long-Awaited Medicare 60-Day Overpayment Rule to OMB for Final Clearance

CMS is moving ahead on its much-anticipated final rule implementing Affordable Care Act (ACA) requirements on reporting and returning of Medicare overpayments. Under the ACA, enrolled providers and suppliers (and certain...more

CPSC Snapshot: CPSC Multimillion Dollar Penalty With a Twist

Earlier this month, the CPSC announced an agreement to yet another multi-million dollar settlement. However, in an unusual course of conduct, the CSPC agreed to suspend all but $200,000 of the penalty based on the company’s...more

Office Depot Agrees to Pay $3.4 Million CPSC Civil Penalty

On May 27th, the Consumer Product Safety Commission (“CPSC”) announced that Office Depot agreed to pay a $3.4 million civil penalty for allegedly failing to report potential safety issues for two models of office chairs....more

Settlement for Late Product Defect Reporting

Black & Decker Agrees to Pay $1.6 Million Penalty - The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Department of Justice recently agreed to a $1.58 million settlement from Black & Decker surrounding...more

Software Company to Face Suit Over Contract Restructuring

The United States District Court for the Northern District of California sustained a securities fraud complaint alleging that the defendants, a software company and its executives, had defrauded investors by failing to...more

Recall Mishandling and Dangerous Child Products

Last year, Graco recalled almost 6 million car seats due in large part to a safety defect. The recall began with around 3.8 million car seats, but it grew over the course of 2014. When the buckle mechanism on the car seats...more

Gavel to Gavel: Failure to report costly

Employers have many reporting requirements, but there is one many overlook – the Unclaimed Property Act, Oklahoma Statute title 60, §§ 651 et seq. The statute requires that a person holding property, tangible or intangible,...more

Counsel Not Required to Check Online Docket as Alternative to Service

The trial court dismissed Plaintiff’s claims after the Plaintiff (1) failed to serve one of the parties and (2) failed to submit a joint status report. The trial court claimed the authority to dismiss the case based on...more

Therasense Revisited: In re Rosuvastatin Calcium Patent Litigation

In the United States, patent applicants and their counsel owe a duty of candor and good faith to the Patent Office. This duty is breached when the applicant or its counsel knowingly fails to disclose material prior art...more

Dishonest Response on an Initial Application Can Come Back to Haunt an Employee

In a non-precedential opinion, the Third Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that...more

Fifth Circuit Holds Direct Action Barred By Insured’s Untimely Claim Reporting

In its recent decision in First Am. Title Ins. Co. v. Cont'l Cas. Co., 2013 U.S. App. LEXIS 4153 (5th Cir. Feb. 28, 2013), the United States Court of Appeals, applying Louisiana law, had occasion to consider whether an...more

Healthcare Alert: Better Late than Never - The Sunshine Act Final Regulations are Finally Here!: Payments or Other Transfers of...

“Payments or Other Transfers of Value” Payments or Other Transfer of Value Must Have a Discernible Economic Value.In the Final Rule, CMS interprets value as the discernible economic value on the open market in the United...more

The Law Following The Casey Anthony Trial

In 2013 Illinois joined 10 states in enacting Caylee’s law. This law was passed in reaction to the trial of Casey Anthony for the death of her daughter, Caylee Anthony. While Casey was found not guilty of killing her 2 year...more

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