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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

That’s No Autodialer: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more

Revoking Contractual Consent is Different: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more

No Safe Harbor for Reassigned Numbers: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more

District Court Denies Class Certification under Third Circuit’s New Impracticability Framework

by McDermott Will & Emery on

A district court denied class certification for a relatively small class of plaintiffs after applying the US Court of Appeals for the Third Circuit’s impracticability framework as part of a Rule 23(a) numerosity analysis....more

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

Legal Black Holes Proliferate After Stephen Hawking’s Death – Massachusetts Allows Somewhat Limited Innovator Liability

by Reed Smith on

Stephen Hawking may have been the smartest guy in the world, even though he believed that “People who boast about their I.Q. are losers.” Hawking is best known for his work on black holes. As used in physics, a black hole...more

D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview

by Balch & Bingham LLP on

In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more

Will High Court Provide Clarity On 'Clear Evidence'?

by Morrison & Foerster LLP on

The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held...more

The Best Wisconsin Law Decision We’ve Ever Seen, Affirmed

by Reed Smith on

The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called “the best Wisconsin law decision we have ever seen.” What was the...more

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

by Mintz Levin on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

Health Care Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Competency of an Expert Witness and Rule 219(e) Questioned by Illinois Court of Appeals in Medical Malpractice Decision - Freeman v. Crays, 2018 IL App (2d) 170169 provides guidance for defending medical malpractice cases...more

Mostly Favorable MIL Rulings in IVC Filters Litigation

by Reed Smith on

Here in Philadelphia, less than a week before the first day of Spring, it is sunny and calm, albeit a bit chilly. Not so last week, when we were hit with the second Nor’easter in less than a week. As much as sixteen inches...more

N.D. Illinois Dismisses Accutane Case for Lack of Personal Jurisdiction

by Reed Smith on

With a little luck on our part, by the time you read this we will be vacationing in a sunnier clime. Our beachfront cottage is an Oddjob’s hat-toss away from where Ian Fleming wrote the James Bond novels. Mind you, we are...more

Top Developments in Hatch-Waxman Litigation for March 2018

by Morrison & Foerster LLP on

This month, we highlight several significant decisions including The Medicines Company v. Hospira, Inc. and Index Pharmaceuticals, LLC v. Gilead Sciences, Inc. and the Trump administration’s legislative proposal to increase...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Brand’s Memo and Dan’s Desk

Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in...more

Another Domino Teetering – Stream of Commerce Personal Jurisdiction after BMS

by Reed Smith on

Several decisions since the beginning of the year, and two appellate rulings in the last couple of weeks, highlight another aspect of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), that should be...more

Digital Health Report - Winter 2018

Machine Learning and Digital Health Applications - The use of artificial intelligence (AI) algorithms to solve complex problems has risen dramatically in the last several years. In 2017, Gartner identified more than 1,000...more

Guest Post – Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private...

by Reed Smith on

We have another guest post today, from Reed Smith‘s own Erica Yen. This one is about a recent, interesting decision concerning the interaction between the Health Insurance Portability and Accountability Act (“HIPAA”) and the...more

Certainty is on the Horizon for the New York Home Care Industry

by Littler on

The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more

Third Circuit Affirms Dismissal of FCA Claim Premised Upon Alleged Anti-Kickback Scheme, While Clarifying that Plaintiffs Need Not...

The Third Circuit’s decision in Medco Health Solutions, affirming the dismissal of a relator’s qui tam suit against his former employer, offers mixed news for False Claims Act defendants and plaintiffs as to the kind of...more

Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

by Holland & Knight LLP on

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the...more

Finding A Buckman Gem

by Reed Smith on

At times, we have given a glimpse into the sausage making that goes into our production of posts on recent interesting cases and developments. Part of the process involves standing searches for “published” (including by the...more

Live-In Issue is Headed to the Court of Appeals

by Hodgson Russ LLP on

After years of uncertainty concerning the compensation of aides who work shifts of 24 hours or more (commonly referred to as “live-in aides”), the case that started it all — Andryeyeva v. New York Health Care, Inc. — will be...more

Escobar Pleading Standard Narrows Scope of FCA Allegations Against UnitedHealth Group

by King & Spalding on

The U.S. Department of Justice elected not to file a second amended complaint-in-intervention in U.S. ex rel. Poehling v. UnitedHealth Group Inc., 2:16-cv-08697, a Federal False Claims Act (FCA) case pending in the U.S....more

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