Part II - Access to Health Care for COVID-19 Patients
Subpart A—Coverage of Testing and Preventive Services
SEC. 3201. Coverage of Diagnostic Testing for COVID-19.
Health plans and health insurers must cover any...more
Takeway: In China Agritech, Inc. v. Resh, a federal securities case, the U.S. Supreme Court clarified the scope of American Pipe tolling, holding it does not permit “class action stacking.” In other words, while the rule...more
Late last month, in In re Hyundai & Kia Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018) (Hyundai), a divided Ninth Circuit panel reversed the district court’s approval of a proposed nationwide class settlement valued at...more
As we discussed at length last June [Ninth Circuit extends tolling doctrine to allow successive class actions, subject only to preclusion and “comity” defenses], the Ninth Circuit in Resh v. China Agritech, Inc., 857 F.3d...more
Where a defendant’s insured litigation risk exceeds the defendant’s assets, insurance drives the outcome of settlement negotiations, as naturally it’s the horse that pulls the cart, and not vice versa. The Eighth Circuit’s...more