News & Analysis as of

Peer Review

Can Science Be Defamatory?

by Akin Gump - Excubitor on

After filing suit last year against several researchers and an academic journal for publishing a paper (the “C17 paper”) that disagreed with his own, engineering professor Mark Z. Jacobson has dropped his suit. In an FAQ...more

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more

The Friday Five: Five Current ERISA Litigation Highlights - March 2018

This month’s edition of The Friday Five highlights the disparity in outcomes across the courts for and against insurers in this area of the law. With the new DOL regulations set to take effect in one month, we will be...more

DOE Announces Release Of Peer Review Report

by Bergeson & Campbell, P.C. on

On February 6, 2018, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced the release of its 2017 Project Peer Review Report. The report contains recommendations provided during the March 2017...more

Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology

by Wilson Elser on

In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence...more

Incident reports and peer review

by Bricker & Eckler LLP on

Incident reports involving patient care can be protected by Ohio’s peer review privilege. They can also be protected under the Patient Safety Quality Improvement Act (PSQIA), the federal statute creating patient safety...more

[Event] 4th Annual West Coast Ambulatory Surgery Center Seminar - March 7th, Los Angeles, CA

by Nossaman LLP on

Please join Nossaman LLP and the California Ambulatory Surgery Association (CASA) on Wednesday, March 7, 2018 for the 4th Annual West Coast Ambulatory Surgery Center Seminar in Los Angeles. During this one-day program,...more

2018 NDAA Analysis: New Mandate to Use Private Accounting Firms to Audit Incurred Cost Submissions

by Holland & Knight LLP on

This is the fourth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Alert: Equilar Peer Submission Process Now Open

by Cooley LLP on

Glass Lewis uses Equilar Market Peers to analyze companies' executive pay and relative company performance when formulating say-on-pay vote recommendations for its institutional investor clients. When developing Market Peers,...more

Changes to Audit and Truth in Negotiations Act in FY 2018 NDAA

For DoD acquisitions, the Conference Report for FY 2018 NDAA includes provisions that would streamline the DCAA Incurred Cost Audit process by involving private auditors and increase the TINA threshold. Conference Report...more

Florida Supreme Court Broadly Construes Constitutional Amendment and Facilitates Discovery of Peer Review Records

On October 26, 2017, in Edwards v. Thomas, et al. (SC15-1893), the Supreme Court of Florida reversed a decision of the Florida Second District Court of Appeal, holding that an external peer review report prepared in...more

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

by Baker Ober Health Law on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Health Care Newsletter - November 2017

by Hinshaw & Culbertson LLP on

The Illinois Medical Studies Act: Preserving the Privilege under Grosshuech - Physician peer review and hospital quality control committees, which are primarily intended to improve the quality of patient care, have been a...more

Climate Scientist Sues Critic

by Akin Gump - Excubitor on

In what appears to be a novel application of defamation law to disputes within the academic community, one researcher has filed suit against a peer reviewer and an academic journal for criticism made in a peer review article...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

Florida Supreme Court Says External Peer Review Reports are Discoverable Under Amendment 7

by Carlton Fields on

On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7. ...more

No Right to Union Representation for Non-Mandatory Participation in Peer Review Proceedings – DC Circuit Court Overrules NLRB

Most states, including Connecticut and Massachusetts, have laws that allow hospitals and other health care institutions to establish confidential peer review programs to oversee the quality of care provided by their health...more

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

Court Rules Weingarten Rights Applicable Only to Mandatory Meetings

In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action...more

No Weingarten Rights For Nurses In Peer Review Proceeding, Federal Appeals Court Rules

by Jackson Lewis P.C. on

Nurses had no right to union representation in their hospital employer’s peer review committee proceedings, the Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical...more

FCPA Compliance Report-Episode 329, James Koukios

by Thomas Fox on

Today I have back with me James Koukios, partner and Morrison Foerster on the firm's March 2017 report on the Top Ten International Anti-Corruption Developments for the month. We highlight the 2nd Circuit Court of Appeals...more

Health Care Perspectives

With deep experience in the health care industry and a comprehensive understanding of its diverse participants, Katten attorneys serve as conference moderators and panelists, host accredited events, and produce webinars to...more

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

by Pepper Hamilton LLP on

A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more

Is The Peer Review Crisis A Patent Application Crisis?

by JD Supra Perspectives on

Reproducibility is the cornerstone of peer-reviewed science. A surprisingly high percentage of major studies across various scientific disciplines cannot be reproduced....more

Rare Physician Win in Peer Review Lawsuit

by Faegre Baker Daniels on

Since enactment of the Health Care Quality Improvement Act in 1986, physicians haven’t usually fared well when they go to court to stop or delay hospital peer review actions, provided the hospitals follow the procedural steps...more

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