Congress has been working for months to pass legislation protecting patients from surprise medical bills that arise when insured patients unknowingly receive out-of-network (OON) care, usually when receiving emergency medical...more
2/26/2020
/ CBO Report ,
Health Care Providers ,
Health Insurance ,
Healthcare Reform ,
Inpatient Billing ,
Legislative Agendas ,
Out of Network Provider ,
Out-of-Pocket Expenses ,
Physicians ,
Proposed Legislation ,
Surprise Medical Bills
Federal agencies have long wielded a set of enforcement tools not explicitly provided for by statute. Restitution—used by the Federal Trade Commission (FTC) to secure billions from defendants—and disgorgement—the Securities...more
11/7/2019
/ Corporate Counsel ,
Disgorgement ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Kokesh v SEC ,
Section 5 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Unfair or Deceptive Trade Practices
The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more
9/19/2019
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Arbitration ,
Arbitration Agreements ,
Biologics ,
Class Action ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Direct Purchasers ,
Drug Pricing ,
Life Sciences ,
Manufacturers ,
Monopolization ,
Motion to Compel ,
Pharmaceutical Industry ,
Prescription Drugs ,
Sales & Distribution Agreements ,
Sherman Act
An en banc Ninth Circuit recently reinstated a nationwide class settlement that resolved consumer claims related to several of Hyundai’s and Kia’s advertised fuel economy standards. Joining several other circuits, the court...more
6/27/2019
/ Automotive Industry ,
Choice-of-Law ,
Class Certification ,
Consumer Protection Laws ,
Corporate Counsel ,
En Banc Review ,
Fuel Efficiency ,
Fuel Standards ,
Hyundai ,
Kia ,
Multidistrict Litigation ,
Putative Class Actions ,
Settlement
The U.S. Federal Trade Commission (FTC) convinced a California federal district court not only that Qualcomm’s longstanding intellectual property licensing practices and volume-based discounts violated the antitrust laws, but...more
6/7/2019
/ 5G Network ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FRAND ,
Injunctive Relief ,
Intellectual Property Protection ,
IP License ,
Popular ,
Qualcomm ,
Standard Essential Patents
The Supreme Court recently clarified that third-party counterclaim defendants — parties who were not defendants in the original action, but were brought in as third-party defendants by virtue of the original defendant’s...more
5/30/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct...more
On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more
8/22/2017
/ Advertising ,
Affirmative Defenses ,
Ascertainable Class ,
Automotive Loans ,
Car Dealerships ,
Class Action ,
Class Certification ,
Consumer Lenders ,
Discovery ,
TCPA ,
Unsolicited Faxes
The opinion could provide useful guidance for participants in two-sided markets, like the credit card industry and the health care industry, where separate interests of insurers and patients are often implicated by the same...more
To prevail in a product-hopping case, a plaintiff must be prepared to establish both monopoly power and anticompetitive effects.
On September 28, a unanimous panel of the U.S. Court of Appeals for the Third Circuit...more
10/6/2016
/ Anti-Competitive ,
Appeals ,
Generic Drugs ,
Hatch-Waxman ,
Mylan Pharmaceuticals ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
Sherman Act ,
Summary Judgment ,
Warner Chilcott
The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit.
On September 13, a divided panel of the U.S. Court of Appeals for...more
9/16/2016
/ Antitrust Litigation ,
Appeals ,
Class Action ,
Class Certification ,
Delay Claims ,
Direct Purchasers ,
FRCP 23 ,
Generic Drugs ,
Joinder ,
Numerosity ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Predominance Requirement ,
Prescription Drugs ,
Vacated
In a recent clash between contract principles and the mootness doctrine, contract principles won. Relying on traditional contract principles, the U.S. Supreme Court issued a 6–3 decision on January 20, holding that an...more
On January 13, 2016, the Federal Trade Commission (FTC or the Commission) released an overview of the pharmaceutical patent settlements filed with the Commission in Fiscal Year 2014 (October 1, 2013 – September 30, 2014). The...more