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Preemption › Discovery

Proskauer - Minding Your Business

Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End

Proskauer - Minding Your Business on

When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - August 2020

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This month’s Friday Five covers recent cases addressing: (1) a fiduciary’s right to bring an ERISA § 502(a)(3) equitable relief claim against a beneficiary; (2) when a life insurer may avail itself of Florida’s “facility of...more

Rivkin Radler LLP

Employee Relations Law Journal – From the Courts

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North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of...more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2018

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Editor's Overview - In last quarter's Newsletter, we commented that all eyes were on President Trump's nomination to the U.S. Supreme Court, as the outcome of the appointment process can have a significant impact on the...more

Dorsey & Whitney LLP

The Supreme Court - April 18, 2017

Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Supreme Court Broadens Patient Access to Adverse Incident Reports

Shumaker, Loop & Kendrick, LLP on

A recent decision by the Florida Supreme Court has significant implications regarding certain adverse incident reports previously viewed as outside the scope of permitted discovery. Florida health care providers currently...more

Searcy Denney Scarola Barnhart & Shipley

IVC Filter Litigation – Judge says no to Protective Order

Searcy Denney Scarola Barnhart & Shipley on

Plaintiffs in a Multi District Litigation (“MDL”) filed complaints against Cook Medical Inc. (“Cook”) and alleges that Cook knowingly presented false information regarding the safety profile of its IVC filters to physician...more

Butler Snow LLP

HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

Butler Snow LLP on

A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial...more

Akerman LLP - Health Law Rx

Culture of Safety Wins: Federal Patient Safety Law Preempts Amendment 7

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Florida’s First District Court of Appeal issued its opinion in the highly watched case of Southern Baptist Hospital of Florida, Inc. v. Charles et al. The First District Court ruled that the federal Patient Safety and Quality...more

Pullman & Comley, LLC

The Insurance Examination Privilege Just Became Important

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When a U.S. insurance regulator investigates market conduct or financial solvency, its work is governed by a state law based on the NAIC Model Law on Examinations. Like the Model Law, all state laws strictly protect the...more

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