Dutch firm NautaDutilh is mourning the loss of John Allen, a well-regarded patent attorney who had been with the firm for 18 years. Allen, his wife and three sons were among the 298 people killed aboard Malaysia Airlines Flight 17, which was struck down by a missile over war-torn Ukraine last week.
..According to a current study by Bank of America, Americans are very closely attached to their smartphones. Of those surveyed, 85 percent said they check their phone at least a few times a day and 35 percent say they check it constantly. 47 percent…By: Morrison & Foerster LLP – Social Media
In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal data, including sending…By: Ogletree, Deakins, Nash, Smoak & Stewart,
MOBILE, Ala. – A physician group and two clinics that are part of the Alabama-based Infirmary Health System Inc. (IHS) on July 21 agreed to pay $24 million to resolve a lawsuit brought by the federal government accusing the defendants of violating the False Claims Act by paying or receiving financial inducements in connection with claims to the Medicare program, according to a docket entry in Alabama federal court (United States of America, ex rel. Heesch v. Diagnostic Physicians Group P.C., et al., No. 11-0364-KD-B, S.D. Ala.).
RICHMOND, Va. – Patient Protection and Affordable Care Act (ACA) language governing whether individuals who enroll through the federal exchange are entitled to tax credits is ambiguous enough to defer to the Internal Revenue Service’s interpretation, a Fourth Circuit U.S. Court of Appeals panel held July 22 (David King, et al. v. Kathleen Sebelius, et al., No. 14-1158, 4th Cir.).
AUSTIN, Texas – A professional liability insurer has no duty to defend its insured against a bank’s underlying claim that it discovered a $10.5 million shortfall in the depository accounts it was providing for the insured’s customers, a Texas federal judge ruled July 18, granting the insurer’s motion for summary judgment (NetSpend Corp. v. Axis Insurance Co., et al., No. A-13-CA-456-SS, W.D. Texas; 2014 U.S. Dist. LEXIS 97656)
PHILADELPHIA – A Pennsylvania federal judge on July 21 denied a motion by Cephalon Inc. to exclude the testimony of a plaintiff expert who plans to testify that the drug manufacturer is liable for $698.9 million in damages to third-party payers for alleged off-label promotion of the Actiq fentanyl pain drug/device (In Re: Actiq Sales and Marketing Practices Litigation, No. 07-4492, E.D. Pa.; 2014 U.S. Dist. LEXIS 98441).
SAVANNAH, Ga. – The bare-metal defense bars liability for claims of asbestos exposure arising from insulation, gaskets or packing used on Crane Co. valves, a Georgia judge held July 21 (Betty Jo Reed, et al. v. American Steel and Wire Corp., et al., No. CV10-1540-KA, Ga. Super., Chatham Co.).
GREEN BAY, Wis. – A U.S. senator lacks standing to challenge Patient Protection and Affordable Care Act (ACA) regulations governing insurance for congressional members and staffers, a Wisconsin federal judge held July 21 (Senator Ron Johnson, et al. v. U.S. Office of Personnel Management, et al., No. 14-09, E.D. Wis.).
WASHINGTON, D.C. – Patient Protection and Affordable Care Act (ACA) premium tax credits are available only for individuals who enrolled through state exchanges and not the federal exchange, a District of Columbia U.S. Circuit Court of Appeals panel majority held July 22. The dissent argued that the suit is a “not-so-veiled attempt to gut” the ACA (Jacqueline Halbig, et al. v. Sylvia Mathews Burwell, et al., No. 14-5018, D.C. Cir.).
WILLIAMSPORT, Pa. – A Pennsylvania federal judge on July 18 partially granted conditional certification of a construction company worker’s claims seeking unpaid overtime, adopting in part and rejecting in part the recommendations of a magistrate judge (Brian Soles, et al. v. Zartman Construction, Inc., et al., No. 13-29, M.D. Pa.; 2014 U.S. Dist. LEXIS 98181).
FRESNO, Calif. – A California appeals court in an unpublished July 21 decision affirmed summary judgment in favor of a health care service plan in a suit brought by a hospital over reimbursement rates and agreed with the lower court that amendment would be futile because the trial court correctly concluded that the hospital failed to provide any evidence of a mutual mistake of fact and, therefore, amending the complaint would have been an idle act (Doctors Medical Center of Modesto Inc. v. Kaiser Foundation Health Plan Inc., No. F066017, Calif. App., 5th Div.; 2014 Cal. App. Unpub. LEXIS 5086).
As it becomes harder for rights holders to control the flow of infringing medical products, Baker Botts’ Neil Coulson and Mark Whitaker review developing case law on both sides of the Atlantic. Whether a company develops physical tools for medical…By: Baker Botts
A high-powered litigator leaves Dechert, more departures from Bingham McCutchen and a rare outside hire by Wachtell Lipton in our latest look at lateral moves from throughout the Am Law 200.