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Stuart M. Gerson Epstein Becker Green

Results 1 to 5 of 17



Supreme Court applies strict analysis in bouncing FLSA collective action, even after "conditional certification." *

USA - April 17 2013
In Genesis Healthcare Corp. v. Symczyk, the Unites States Supreme Court held that a collective action under the FLSA was properly dismissed for lack…


Supreme Court raises bar for class certification *

USA - March 29 2013
Wage-hour lawsuits filed under the federal Fair Labor Standards Act (FLSA) represent one of the fastest growing and most problematic areas of…


Supreme Court opinion in Sebelius v. Auburn Regional Medical Center rejects a challenge by hospitals to Medicare's SSI fraction calculation *

USA - January 24 2013
A unanimous Supreme Court has issued its opinion in Sebelius v. Auburn Regional Medical Center, No. 11-1231 (Jan. 22, 2013), rejecting a challenge by…

Co-authors: Robert E. Wanerman.


Second Circuit rules that certain speech regarding the off-label use of drugs is protected under the U.S. constitution *

USA - December 12 2012
In a long-awaited decision, on December 3, 2012, a divided panel (2–1) of the U.S. Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia, a former pharmaceutical sales representative for Jazz Pharmaceuticals whom a federal district court jury found guilty of conspiring to introduce a "misbranded" drug into interstate commerce in violation of the federal Food, Drug and Cosmetic Act ("FDCA").

Co-authors: Daniel G. Gottlieb, Natasha F. Thoren , Benjamin S. Martin, David C. Gibbons, Wendy C. Goldstein.


The ACA is constitutional, but what's next? *

USA - September 6 2012
Most reasonably-well-informed citizens, and certainly everyone concerned with health care, is well aware that the Supreme Court concluded its most-recent term with the Chief Justice joining the Court’s so called “liberal” wing in National Federation of Independent Business v. Sibelius, in upholding essentially all of the Obama Administration’s Affordable Care Act (“ACA”), including its most controversial provision – the “individual mandate” -- not under the Commerce Clause, as its proponents argued, but under the tax power.


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