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Physicians › Free Speech

Holland & Hart LLP

Referrals for Out-of-State Abortions: New Idaho Decision

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The federal District Court of Idaho has issued a ruling that will help protect physicians and other healthcare providers who refer patients outside of Idaho for an abortion....more

Allen Matkins

Federal Judge Enjoins Physician Gag Law

Allen Matkins on

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098)....more

Nossaman LLP

Ruling Addresses Anti-SLAPP Usage in Medical Peer Review Process

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The California Supreme Court has addressed yet another brick in the anti-SLAPP wall protecting the medical peer review process from challenges by disgruntled physicians and delivered a mixed-bag opinion, with one holding...more

Fisher Phillips

Frontline Reports From Healthcare Employees On COVID-19 Challenges May Constitute Protected Activity

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Social and traditional media has been buzzing with reports that healthcare providers – from nurses to physicians – are being discharged because they have publicly shared negative frontline experiences treating COVID-19...more

Haight Brown & Bonesteel LLP

Hospital’s Defamatory Statements About Physician on Issues of Public Interest are Protected Under anti-SLAPP Laws

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In Yang v. Tenet Healthcare, Inc. (May 8, 2020, E071693) the Court of Appeal, Fourth District, Division Two (Riverside), reversed the trial court’s ruling which denied Defendant’s Motion to Strike (anti-SLAPP motion), and...more

Nossaman LLP

California Supreme Court to Issue Opinion on Monday, July 22 in Anti-SLAPP Case Affecting Pending Peer Review Cases and Peer...

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On May 7, 2019, the California Supreme Court heard oral arguments in Wilson v. Cable News Network, Inc., et al., where plaintiff was a producer at CNN who sued the media giant for employment discrimination, retaliation,...more

Mintz - Health Care Viewpoints

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 3

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This is Part 3 in my series exploring the history of FDA’s regulation of off-label communications, which has become newly relevant in light of the recent events highlighted in Part 1. In this installment, I continue...more

Jones Day

The Continuing Story of Manufacturers' Off-Label Promotion of Approved or Cleared Medical Products

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Prior to the end of the previous Administration, FDA released several draft guidance documents and a white paper addressing different types of communications about medical products. On January 18, 2017, FDA published two...more

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