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New rule makes for easier evidence

Fox Rothschild LLP
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USA
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February 17 2013

The Pennsylvania Support Rules were recently amended on December 30, 2012. Rule 1910.29, formalizes the presentation of support evidence for Family

This just in: guidance for health care providers, and the omnibus rule

Fox Rothschild LLP
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USA
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January 18 2013

With gun violence and mental health concerns in the headlines, the Office of Civil Rights of the Department of Health and Human Services has

Game changing off-label marketing decision has implications for related securities lawsuits

Fox Rothschild LLP
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USA
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December 5 2012

I previously wrote about how the Food and Drug Administration and Department of Justice used the responsible corporate officer doctrine to charge former Purdue Pharma executives and in-house counsel with criminal liability and career-ending debarment for “off-label” drug marketing, even though the charged parties did not personally participate in the conduct or even know about it

Court refuses to enjoin application of Affordable Care Act's contraceptives rule

Fox Rothschild LLP
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USA
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December 1 2012

We now have a serious split of authority with respect to the women's preventive care services mandate set forth in the Patient Protection and Affordable Care Act (“ACA”

Another case of snooping prosecuted

Fox Rothschild LLP
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USA
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November 27 2012

Once again, a healthcare worker’s inability to resist the temptation to snoop in her employer's medical records has resulted in criminal prosecution

Compliance with the ACA contraception rule by a Catholic-owned company preliminarily enjoined

Fox Rothschild LLP
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USA
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November 2 2012

A second federal court has enjoined the application of the ACA’s (“Patient Protection and Affordable Care Act”) rule that would have required a Catholic employer to provide employee health insurance that covers contraception

A non-employee doctor as well as a vulgar parrot can render a hospital liable for sexual harassment

Fox Rothschild LLP
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USA
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October 19 2012

Last year we asked whether a vulgar parrot could create a hostile work environment

PHI breach involving health plan leads to lawsuit by identity theft victims who were plan members

Fox Rothschild LLP
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USA
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September 18 2012

A previous post to this blog by Patricia McManus pointed out that individuals whose protected health information (“PHI”) is stolen, lost, or otherwise inappropriately used, accessed, or left unsecured have no private right of action against the person or entity responsible for the breach under the HIPAAHITECH laws

Judge Stark grants defendants' motion for partial judgment on the pleadings based on collateral estoppel in ANDA patent infringement action

Fox Rothschild LLP
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USA
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September 8 2012

By Memorandum Opinion entered in Galderma Laboratories Inc., et al. v. Amneal Pharmaceuticals, LLC, et al., C.A. No. 11-1106-LPS (D.Del., September 7, 2012), the Honorable Leonard P. Stark granted defendants’ motion for partial judgment on the pleadings based on collateral estoppel after finding that the issue of whether a product containing 40 mg of doxycycline, administered once daily, infringes U.S. Patent Nos. 7,232,572 and 7,211,267 (referred to as the “Ashley patents”) was previously litigated and decided against the Galderma plaintiffs in a related ANDA action captioned Research Found. of State Univ. of New York v. Mylan Pharms. Inc., 809 F. Supp.2d 896 (D.Del. 2011) (referred to as the “Mylan Action”

Employers: don't fire employees for taking legally prescribed meds

Fox Rothschild LLP
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USA
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September 6 2012

Employers should be familiar with the requirements of ADA, at least to the extent that they don’t do what one employer allegedly did

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