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State action exemption narrowed by Fourth Circuit ruling

  • Jones Day
  • -
  • USA
  • -
  • June 13 2013

The Fourth Circuit Court of Appeals has ruled that North Carolina's Dental Board cannot ban non-dentists from offering teeth-whitening service

US Airways v. McCutchen: when silence is not golden

  • Jones Day
  • -
  • USA
  • -
  • May 14 2013

Sponsors and administrators of self-insured health and welfare plans, as well as insurance companies that offer insured health and welfare products

U.S. Supreme Court reverses "state action" decision, confirming narrow scope of immunity

  • Jones Day
  • -
  • USA
  • -
  • February 22 2013

In FTC v. Phoebe Putney, the Supreme Court has unanimously reversed the Eleventh Circuit holding that a Georgia hospital authority's acquisition of a

New FTC pharma patent litigation report finds increase in "reverse payment" settlements based on expanded definition of "payments"

  • Jones Day
  • -
  • USA
  • -
  • February 6 2013

With the Supreme Court set to address the validity of "reverse payment" settlements of pharmaceutical patent litigation, the FTC released a summary

Recovery audit contractors

  • Jones Day
  • -
  • USA
  • -
  • December 6 2012

In a much-anticipated opinion filed on September 11, 2012, the Ninth Circuit ruled that a Medicare contractor's decision to reopen Medicare claims cannot be challenged after conclusion of an audit that resulted in a revised claim determination

Pharmacy

  • Jones Day
  • -
  • USA
  • -
  • December 6 2012

On August 1, 2012, a federal district court in Florida reversed an HHS determination that Teamcare Infusion Orlando, Inc., a pharmacy that also provides durable medical equipment ("DME"), received more than $1.6 million in overpayments for claims submitted for DME

D.C. Circuit rules that discretionary exclusion period under responsible corporate officer doctrine must be supported by substantial evidence

  • Jones Day
  • -
  • USA
  • -
  • December 3 2012

In July 2012, the U.S. Court of Appeals for the D.C. Circuit ruled on the appeal filed by three former Purdue Frederick Co. executives regarding their 12-year exclusion imposed by the Secretary of HHS

The safe harbor for FDA submissions expands: did the Federal Circuit reverse course?

  • Jones Day
  • -
  • USA
  • -
  • August 29 2012

Section 271(e)(1) of the patent code, known as the "safe harbor" provision, immunizes from infringement suits various acts that are undertaken in order to submit information to the Food and Drug Administration ("FDA"

Delaware court resuscitates a derivative lawsuit despite dismissal with prejudice in another forum

  • Jones Day
  • -
  • USA
  • -
  • June 25 2012

On June 11, 2012, the Delaware Chancery Court ruled that a shareholder derivative case could proceed against the directors of Allergan, Inc., even after a federal court in California had dismissed with prejudice a parallel action based on identical claims

Former Purdue executives appeal exclusion; decision pending

  • Jones Day
  • -
  • USA
  • -
  • February 6 2012

Three former Purdue executives, including the company's former general counsel, are appealing their 12-year exclusion from federal health care programs by the Department of Health and Human Services ("HHS") Office of Inspector General ("OIG"

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