In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such...more
8/3/2023
/ Affordable Care Act ,
Benefit Plan Sponsors ,
Biden Administration ,
Civil Rights Act ,
DSM ,
Due Process ,
Employer Group Health Plans ,
Equal Protection ,
Federal Funding ,
Gender Dysphoria ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
New Legislation ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...more
6/8/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Masks ,
OSHA ,
Retaliation ,
Vaccinations ,
WARN Act ,
Workplace Hazards ,
Workplace Safety ,
Wrongful Termination
Among its many impacts, the coronavirus pandemic has already spawned hundreds of employment and health-related lawsuits, with even more litigation likely as businesses continue to bring back workers and increase operations....more
12/14/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Health Care Providers ,
Hospitals ,
Infectious Diseases ,
Nursing Homes ,
Occupational Exposure ,
Workplace Safety
As the world grapples with the health crisis caused by COVID-19, litigation regarding a different health crisis - the opioid epidemic - continues to progress. In a major development last week for the multidistrict litigation,...more
As the number of COVID-19 cases increases exponentially, healthcare providers in the United States are bracing for an unmanageable number of critically ill patients. While it is impossible to predict to what extent the virus...more
On November 21, 2019, the Second Circuit held that allegedly fraudulent loan requests presented to one or more of the Federal Reserve System’s twelve Federal Reserve Banks are “claims” within the meaning of the FCA. The court...more
No poaching agreements among employers continue to make antitrust news, and employers and their HR professionals need to take note. Whether or not a particular agreement has a valid purpose (such as protecting an employer’s...more
Within the last five years, district courts in the Seventh Circuit have repeatedly denied motions to dismiss qui tam lawsuits brought under the FCA that allege a scheme to defraud government health programs by reporting...more
Until very recently, no case existed in which FCA liability arose from a violation of the Health Insurance Portability and Accountability Act (“HIPAA”). But in United States v. America at Home Healthcare and Nursing Services,...more
In United States ex rel. Keen v. Teva Pharmaceuticals USA, Inc., relator Janice Keen sued her former employer—the pharmaceutical company Teva—for violations of the FCA. According to Ms. Keen, Teva trained its sales force to...more
A recent settlement illustrates the substantial recovery available to whistle-blowers under the FCA’s qui tam provisions. Those provisions allow a qui tam plaintiff to receive typically between 15 percent and 25 percent of...more
In an opinion issued earlier this month, the United States District Court for the Eastern District of Oklahoma refused to impose False Claims Act liability on a defendant who retained and invested his mother’s Social Security...more
On August 21, 2015, the Justice Department announced that Sandia Corporation—owned by Lockheed Martin, the world’s largest defense contractor—agreed to pay $4,790,042 to settle allegations that it violated the Byrd Amendment...more