News & Analysis as of

Healthcare Injunctions

Proskauer - Employee Benefits & Executive...

More on Braidwood: ACA Preventive Services Mandate Remains Mostly in Place (For the Time Being)

At the end of June, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court order invalidating the Affordable Care Act preventive services mandate for “A” or “B” items and services recommended by the United...more

King & Spalding

Federal District Court Grants Injunction Barring CMS from Implementing New Policy on Medicaid Funding Designed to Prevent...

King & Spalding on

On June 30, 2023, the United States District Court for the Eastern District of Texas (the Court) granted the State of Texas’ preliminary injunction motion, enjoining CMS from implementing and enforcing its Informational...more

Dechert LLP

Unprecedented Escalation of Injunction by French National Agency for Medicines and Health Products Safety

Dechert LLP on

In June 2021, Philips notified the ANSM of a field safety action that related to the potential risk of degradation and inhalation of carcinogenic compounds from the sound-absorbing foam used in its ventilation devices for...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Fetal Heartbeat and Protection from Abortion Act Passed and Immediate Legal Challenges Followed

On May 25, 2023, Governor McMaster signed Senate Bill 474, effectuating the General Assembly’s second attempt at the Fetal Heartbeat and Protection from Abortion Act (the “Act”), which generally prohibits abortion at any...more

(ACOEL) | American College of Environmental...

Bounty Laws and Citizen Suits

In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court...more

Jenner & Block

Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Jenner & Block on

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of...more

Saul Ewing Arnstein & Lehr LLP

Court Enjoins Outpatient Primary Care Physician’s New Employment as a Hospitalist

A Pennsylvania appellate court recently granted an employer’s request for enforcement of a restrictive covenant against a hospitalist, finding that his departure from the primary care office setting did not affect the terms...more

BakerHostetler

Massachusetts Nurses Association Battles Hospital Over Influenza Vaccine

BakerHostetler on

On September 22, 2014, the Massachusetts Nurses Association (MNA) filed a complaint in Massachusetts Superior Court seeking an injunction against implementation of a new mandatory influenza vaccination policy by Brigham &...more

Franczek P.C.

Monthly Benefits Update - July 2014

Franczek P.C. on

Two federal appeals courts issued contradictory rulings on the validity of subsidies for the purchase of health insurance under the federal marketplace established pursuant to the Affordable Care Act (ACA). On July 22, a...more

Tucker Arensberg, P.C.

Physician Obtains Injunction Preserving Clinical Privileges Despite Attempted Exclusive Contract

Tucker Arensberg, P.C. on

Despite the many cases acknowledging the right of hospitals to enter into exclusive contracts, there is always the issue of what happens with the existing clinical privileges and medical staff memberships of the physicians...more

King & Spalding

Ninth Circuit Vacates Injunctions Barring HHS From Seeking Prepayment of Medicare Secondary Payer Reimbursements

King & Spalding on

The United States Court of Appeals for the Ninth Circuit recently vacated injunctions entered by a district court that banned HHS from seeking “up front” reimbursements for Medicare secondary payments from beneficiaries who...more

Mintz - Health Care Viewpoints

Increased Availability of Health Care Data Means More Oversight and More Litigation

The increasing availability of health care claims and payment data may portend the future of government and private health care enforcement and litigation. ...more

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