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Health Civil Procedure Constitutional Law

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Perspectives for the Professions Newsletter - March 2018: Duty of Fairness at Investigative Stage and the Importance of...

by Field Law on

Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111, emphasizes that the duty of fairness at the investigative stage of a professional disciplinary process requires centrally that a member be advised of the...more

Supreme Court to Hear Argument on California Law Requiring Pro-Life Clinics to Notify Patients of Abortion Services

by Hodgson Russ LLP on

The United States Supreme Court is poised to hear a First Amendment case likely to determine the boundaries for government-imposed speech. Although the case arises in the controversial area of abortion rights, the outcome may...more

Supreme Court Denies Cert Petition in CareFirst v. Attias

by Ballard Spahr LLP on

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

U.S. Supreme Court Watch: Whether to Resolve Circuit Split on Standing for Data Breach Plaintiffs

At its first conference this month, the U.S. Supreme Court will consider whether to weigh in on a Circuit split over standing to sue in the aftermath of a data breach. ...more

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described...more

Inauspicious Debut for Depakote Plaintiffs’ First Amendment Argument

by Reed Smith on

We’ve been aware of the other side attempting to construct a First Amendment counter-argument to our preemption defense for some time. It first cropped up in a 2015 360 article by a P-side thought leader (no, not necessarily...more

Michigan Strikes Back . . . In Pennsylvania

by Reed Smith on

A (relatively) long time ago in a state not so far away, the Michigan Legislature enacted the Michigan Product Liability Act. It contained a provision providing the manufacturers of FDA-approved drugs with immunity from...more

Supreme Court of Georgia Upholds Constitutionality of Certificate of Need Statute

by Miller & Martin PLLC on

The Supreme Court of Georgia has rejected an outpatient surgery center’s constitutional challenge to the state’s Certificate of Need (“CON”) statute, Women’s Surgical Center, LLC, v. Berry. The applicable code section,...more

Standing Out

by Reed Smith on

Last month we brought you word of an excellent result (preemption) in a ridiculous case - a class action claiming that the drops in eye-drops are too big. That decision was in accord with an earlier decision likewise...more

Florida Supreme Court: Physicians' Peer Reviews Not Protected from Public Disclosure

by Holland & Knight LLP on

• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more

In New York, It's a Crime to Help Someone Commit Suicide

by Melito & Adolfsen on

Everyone Has the Right to Refuse Life Saving Medical Treatment But New York Statutes Prohibiting Assisted Suicide Are Constitutional - Kirk Kekorian, a medical doctor, brought nationwide attention to the idea of assisting...more

Recent Arrest of Utah Nurse Causes a Necessary, but Unfortunate Policy Change for the Hospital

by Nexsen Pruet, PLLC on

The Incident - On July 26, 2017, multiple media sources reported a head nurse in a Utah hospital’s burn unit was arrested for refusing to allow the taking of a blood sample by a University of Utah police officer from an...more

D.C. Circuit Holds Cyber-Theft of Customers’ Medical Identifying Information Created Sufficient Increased Risk of Harm to...

Earlier this month, an appellate panel of the federal DC Circuit unanimously held that individuals affected by a healthcare insurer’s data breach in 2014 could pursue claims against the insurer stemming from the cyberattack....more

Ninth Circuit Victory Opens the Door to Medicaid Reimbursement Challenges Based on Equal Access Requirement

by Foley & Lardner LLP on

The Ninth Circuit held August 7 that the Department of Health and Human Services Secretary erred in approving a Medicaid State Plan Amendment (SPA) that cut reimbursement for outpatient hospital services in California by 10%...more

Recent 11th Circuit Decision Is a Victory for Health Care Providers Challenging Insurer Reimbursement Decisions and a Reminder of...

by K&L Gates LLP on

The existence and scope of assignments of benefits from patients to health care providers continues to be critically important to a provider’s ability to challenge an insurer’s reimbursement decision under the Employee...more

New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds

by Jones Day on

On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General. In the Matter of Evergreen Assoc., Inc., 54 N.Y.S.2d. 135 (App. Div. 2017)....more

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

by Moore & Van Allen PLLC on

Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

by Fenwick & West LLP on

The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

by Carlton Fields on

We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

ERISA Procedural Rights Violations Can Still State Federal Claims

Last year, the United States Supreme Court decided Spokeo v. Robins, holding that a procedural violation of a statute is insufficient to create a “concrete” injury and confer standing if the plaintiff suffered no real harm....more

Nebraska Med Mal Cap Survives 7th, 5th & 14th Amendment Attacks

by Faegre Baker Daniels on

The US Court of Appeals for the Eighth Circuit has upheld Nebraska’s statutory medical malpractice limit, rejecting attacks that were based on the Seventh, Fifth, and Fourteenth Amendments of the US Constitution. After a...more

Texas Supreme Court Disputes Reach of Obergefell in Employee Benefits Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more

Texas Dentistry Regulation Has No Teeth

by Faegre Baker Daniels on

A divided Fifth Circuit has affirmed a lower court ruling that an advertising restriction promulgated by the Texas State Board of Dental Examiners violates the First Amendment rights of the plaintiff dentists. The Texas...more

Both Sides Equal Under the First Amendment

by Reed Smith on

There’s a problem with attorney advertising in the prescription medical product space – but it’s not the one you normally hear us defense-side litigators kvetching about. Quite apart from its litigation-generating effects,...more

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