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Results: 1-10 of 1,971

Long term care insurance: policy provisions in dispute
  • Locke Lord LLP
  • USA
  • January 31 2014

Long term care ("LTC") insurance has been and will continue to be a focus of attention for the plaintiffs' bar and state and federal regulators. LTC


Consumer-initiated text message telemarketing complies with TCPA prior express written consent requirement and E-SIGN Act?
  • Locke Lord LLP
  • USA
  • February 25 2014

Telemarketing practices in the United States are governed by the Telephone Consumer Protection Act (TCPA), as well as by specific Federal Trade


The General Data Protection Regulation: What Insurers Should Do Now to Prepare for Its Implementation
  • Locke Lord LLP
  • European Union, USA
  • May 24 2016

The General Data Protection Regulation (GDPR or Regulation) has been approved by European Union (EU) members as well as the Council of Europe and, at


Recent challenges to the use of “usual, customary, and reasonable” medical provider charge data to price reimbursement to non-contracted medical providers and the potential implications for payers and providers
  • Locke Lord LLP
  • USA
  • June 19 2008

Hospitals, physicians and other health care providers often have contracts with health care payers which define the payment rates for medical services and procedures that are furnished to patients


Second Circuit finds that arbitrators cannot compel pre-hearing document discovery from non-parties under the Federal Arbitration Act
  • Locke Lord LLP
  • USA
  • December 3 2008

In a decision that impacts a party’s ability to obtain discovery in arbitrations arising under the Federal Arbitration Act (“FAA”), the U.S. Court of Appeals for the Second Circuit recently held that Section 7 of the FAA does not provide arbitrators with the authority to compel pre-hearing document discovery from non-parties to the arbitration proceeding


Lithium-Ion Battery Patent Landscape - A Patent Portfolio Review
  • Locke Lord LLP
  • USA
  • March 18 2016

The lithium-ion battery (“LIB”) industry has witnessed tremendous growth in the last decade. As a natural part of this growth, the patent landscape


California Supreme Court clarifies sophisticated user product liability defense
  • Locke Lord LLP
  • USA
  • December 9 2010

The California Supreme Court’s recent decision in Stewart v. Union Carbide Corporation 2010 DJAR 17352 on November 16, 2010, clarifies the scope and application of three distinct but closely-related product liability defenses: the “sophisticated user,” the “sophisticated intermediary” and the “bulk supplier” defenses


The “National Childhood Vaccine Injury Act” immunizes vaccine manufacturers from state design defect claims
  • Locke Lord LLP
  • USA
  • February 25 2011

On February 22, 2010, the U.S. Supreme Court held in Bruesewitz v. Wyeth that the National Childhood Vaccine Injury Act of 1986 (“NCVIA”) pre-empts state design defect common law claims against vaccine manufacturers for injury or death caused by a vaccine’s known and disclosed side effects


California jury awards $19 million to paraplegic veteran
  • Locke Lord LLP
  • USA
  • March 22 2011

On March 16, 2011, a Los Angeles County jury awarded Thomas Nickerson a 59-year-old paraplegic and former Marine - $19,035,000 after a trial in which Mr. Nickerson alleged his insurer, Stonebridge Life Insurance, paid for only 19 of his 109-day inpatient hospitalization at the Veteran’s Administration Hospital in Long Beach, California


Federal Court of Appeals finds “personal health insurance mandate” constitutional
  • Locke Lord LLP
  • USA
  • June 30 2011

On June 29, 2011, the Sixth Circuit Court of Appeals upheld the constitutionality of the “personal insurance mandate” of The Patient Protection and Affordable Care Act (”ACA”) which requires most adults to purchase a minimum level of health care insurance by 2014