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Delaware court: settlement for statutory damages, calculated without reference to actual damages incurred, is for penalty, not covered loss
- Wiley Rein LLP
- -
- USA
- -
- May 14 2013
A Delaware trial court has held that a settlement for statutory damages paid by a health care organization represents uncovered penalties rather than
D.C. District Court affirms OFCCP’s expanding jurisdiction over the health care industry
- Wiley Rein LLP
- -
- USA
- -
- April 9 2013
On March 30, 2013, the U.S. District Court for the District of Columbia affirmed an Administrative Review Board (ARB) decision finding that the
Chiropractor’s failure to warn against sexual assault not "professional services"
- Wiley Rein LLP
- -
- USA
- -
- March 15 2013
Applying Oklahoma law, the United States District Court for the Western District of Oklahoma has determined that a claim against a chiropractor for
OFCCP continues its fight for jurisdiction over TRICARE health care provider
- Wiley Rein LLP
- -
- USA
- -
- December 21 2012
On October 19th, 2012, the Administrative Review Board (ARB) determined that the Department of Labor's (DOL) Office of Federal Contract Compliance
First Amendment defense prevails against FDA prosecution for off-label marketing
- Wiley Rein LLP
- -
- USA
- -
- December 3 2012
In an important 2-1 decision overturning the criminal conviction of a pharmaceutical sales representative, a panel of the U.S. Court of Appeals for the Second Circuit in U.S. v. Caronia, today reset the legal boundaries between the Food and Drug Administration's (FDA) regulatory authority and pharmaceutical manufacturers’ rights to disseminate “off-label” information about approved drug products
Sixth Circuit hits the brakes on District Court’s FCA ruling, noting the FCA is not a vehicle to police technical compliance with complex federal regulations
- Wiley Rein LLP
- -
- USA
- -
- October 10 2012
On October 5, 2012, in United States ex rel. Williams v. Renal Care Group, Inc., the Sixth Circuit ruled that a company that made efforts to comply with ambiguous industry regulations did not act with "reckless disregard" under the False Claims Act
Supreme Court affirms opportunities and uncertainties for health care contractors
- Wiley Rein LLP
- -
- USA
- -
- July 16 2012
By upholding the individual mandatethe heart of the Patient Protection and Affordable Care Actand by preserving Medicaid expansion, albeit at the state’s option, the Supreme Court has allowed the Department of Health and Human Services and the states to get back to the business of implementing the Act
Protecting the benefits of de-identified health care information
- Wiley Rein LLP
- -
- USA
- -
- July 10 2012
Privacy Practice chair Kirk J. Nahra has written an article for the Washington Legal Foundation titled "Protecting the Benefits of De-Identified Health Care Information."
Christopher v. SmithKline Beecham - a new limit on the deference accorded to an agency's interpretation of its own regulations
- Wiley Rein LLP
- -
- USA
- -
- June 20 2012
In a June 18 decision, the Supreme Court of the United States placed an important new limit on the deference courts should accord to a federal administrative agency's interpretation of its own regulations
Under California law, medical malpractice policies do not cover medical board professional disciplinary actions
- Wiley Rein LLP
- -
- USA
- -
- June 15 2012
A New Jersey appellate court, applying California law, has held that a medical malpractice liability insurer had no duty to reimburse an insured physician for defense costs incurred in connection with a professional disciplinary action brought against him by the California Medical Board
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