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Kinetic moves to disqualify counsel in False Claims Act qui tam action for improper use of contractor’s privileged documents

Proskauer Rose LLP
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USA
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May 6 2013

Arguing that relators' counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents

Federal District Court holds that OFCCP has jurisdiction over hospitals that provide services to HMOs retained by federal government

Proskauer Rose LLP
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USA
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April 4 2013

Earlier this week, the federal district court for the District of Columbia ruled that three hospitals providing medical services through an HMO to U

District court permits ERISA claim for benefits of IRO review, holding such review is not an arbitration

Proskauer Rose LLP
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USA
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March 19 2013

In Yox v. Providence Health Plan, No. 12-cv-01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit

Hospital lacks standing without proper authorization

Proskauer Rose LLP
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USA
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March 11 2013

In MHA, LLC v. Aetna Health, Inc., 2013 WL 705612 (D.N.J. Feb. 25, 2013), a district court held that a hospital lacked standing to bring a claim for

Watson and reverse payments: an opportunity to resolve the competing tension between antitrust and patent law under the Hatch-Waxman Act

Proskauer Rose LLP
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USA
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March 8 2013

On March 25, the Supreme Court will hear arguments in Federal Trade Commission v. Watson Pharmaceuticals, Inc., and take a step toward concluding

Placing limits on the State Action Doctrine, the Supreme Court subjects local government hospitals to scrutiny under the antitrust laws

Proskauer Rose LLP
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USA
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February 21 2013

Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have

DOJ recovers up to $48 million in False Claim Act case resulting from whistleblower report

Proskauer Rose LLP
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USA
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January 23 2013

In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a

ERISA pre-emption in provider misrepresentation claims: an overview of the jurisprudence leading up to the Fifth Circuit’s en banc review of Access Mediquip and what lies ahead

Proskauer Rose LLP
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USA
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September 14 2012

The U.S. Court of Appeals for the Fifth Circuit recently granted en banc review of its decision in Access Mediquip LLC v. UnitedHealthcare Ins. Co. to address a frequently recurring issue arising in health care litigation: whether ERISA Section 514 preempts a third-party provider’s state law claims premised on allegations that it was misled by an insurer’s statements regarding patient coverage

The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions

Proskauer Rose LLP
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USA
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August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation

Third Circuit creates reverse payments split among the circuits

Proskauer Rose LLP
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USA
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July 25 2012

Rejecting the test established by three separate courts of appeal, the Third Circuit's recent decision in In re K-Dur Antitrust Litigation has created a circuit split regarding the legality of, and application of antitrust law to, "pay-for-delay" settlements to patent lawsuits

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