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PhRMA pushes for permissive off-label promotion regime

McGuireWoods LLP
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USA
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May 15 2013

In light of the decision of 2nd U.S. Circuit Court of Appeals in U.S. v. Caronia, the Pharmaceutical Research and Manufacturers of America (PhRMA) is

Standing and certification: Kennedy v. United Am. Ins. Co

McGuireWoods LLP
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USA
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May 14 2013

Brenda Kennedy was hospitalized in 2009 for four days. She had an insurance policy from United American that paid benefits for each day that she

Class action filed against Aspen Dental

McGuireWoods LLP
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USA
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November 7 2012

On October 18, 2012, a class action lawsuit was filed in the Northern District of New York against Aspen Dental Management, Inc

Generic drug manufacturers shielded from state-law failure-to-warn claims

McGuireWoods LLP
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USA
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June 28 2011

On June 23, 2011, the Supreme Court issued a ruling that will alter the liability landscape for generic drug manufacturers

Hospitals take note: EMTALA may apply to inpatients after all

McGuireWoods LLP
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USA
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September 24 2012

A decision rendered on Sept. 10, 2012, by a federal district court in Texas, reminds hospitals to be extra vigilant in documenting the appropriateness of admitting as inpatients those patients who present in the emergency department and the appropriateness of ultimate discharge following inpatient admission

Guilt by position: re-emergence of the responsible corporate officer doctrine

McGuireWoods LLP
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USA
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May 16 2012

In recent years, the federal government has made no secret of its intent to pursue individuals in addition to companies in its efforts to enforce healthcare-related statutes, rules and regulations

When ERISA may not apply: three key points from a hospital's contract suit against an insurance company

McGuireWoods LLP
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USA
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October 8 2012

In a recent decision, a federal district court in California remanded a case back to state court after finding that a hospital's state law claims against an insurance company were not controlled by the federal Employee Retirement Income Security Act (ERISA) or otherwise by federal Medicare law

Jury orders depuy to pay $8.3m in hip implant lawsuit

McGuireWoods LLP
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USA
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March 18 2013

A Los Angeles jury has awarded $8.3 million to a Montana man who sued Johnson & Johnson's DePuy Orthopaedics on claims he was injured by the

Materiality is a merits issue - the Amgen Inc. opinion

McGuireWoods LLP
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USA
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February 28 2013

The Supreme Court has handed down its first class-action related opinion of the 2012-13 Term, Amgen Inc. v. Connecticut Retirement Plans & Trust

Affordable Care Act Hangs in the Balance After Oral Arguments

McGuireWoods LLP
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USA
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April 3 2012

From Monday, March 26, 2012, through Wednesday, March 28, 2012, the Supreme Court of the United States held six hours of oral arguments in three pending cases involving constitutional challenges to the federal health reform law, the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 (the Act

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