Texas Supreme Court Draws Line on Attorney Immunity Privilege
What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures"
What No Statutory COVID Immunity Means for Businesses
Blakes Continuity Podcast: Life Sciences: Liability and Immunity During COVID-19
More Emerging Litigation Claims and Demands from COVID-19
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more
Earlier this month, New York Governor Andrew Cuomo signed into law a bill to limit the scope of immunity for healthcare facilities (including nursing homes and hospitals) and healthcare professionals for future non-COVID-19...more
On August 3, 2020, Governor Andrew Cuomo signed a bill that will effectively reverse a number of liability protections previously granted to healthcare professionals, hospitals and nursing homes at the outset of the COVID-19...more
Seyfarth Synopsis: On August 3, 2020, Governor Andrew Cuomo signed a new law that rolled back protections for nursing homes and hospitals in New York in connection with COVID-19 liabilities...more
The rapid spread of the COVID-19 global pandemic across New York in March brought about a dizzying set of changes, especially involving the state’s network of hospitals, nursing homes and other health care facilities. ...more
Massachusetts has moved to protect its health care providers from civil liability for claims arising out of the ongoing COVID-19 pandemic. On April 17, 2020, Massachusetts Governor Charles Baker signed Senate No. 2640...more
On Tuesday, April 21, 2020, Governor Stitt issued a third amendment to Executive Order 2020-13... ordering that for as long as the Legislature concurs with his declared health emergency in Oklahoma any health care provider or...more
Background - Dr. Steven Valfer is a licensed OB-GYN who was a member of the medical staff at Evanston Northwestern Hospital ("Hospital") until March 16, 2005 when the Hospital's board of directors approved the...more
The Federal Trade Commission (FTC) recently submitted comments to Virginia and Tennessee regarding proposed laws in each state relating to Cooperative Agreements between hospitals and the granting of Certificates of Public...more
On November 24, 2014, the New Jersey Appellate Division affirmed a lower court’s decision to dismiss a physician’s lawsuit against a hospital based on federal and state statutory immunity provisions that shield hospitals and...more
A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically...more
On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to...more
The United States Supreme Court’s recent decision in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, 568 U.S. __ (2013), makes clear that a state’s authorization to act in a manner with potentially anticompetitive...more
On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more
In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more
Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more