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Healthcare news from Capitol Hill and the Department of Health and Human Services June 1, 2010
  • Locke Lord LLP
  • USA
  • June 1 2010

In late May, the Centers for Medicare and Medicaid Services (CMS) released a supplemental proposed rule that would result in Medicare payment reductions to hospitals


Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide
  • Locke Lord LLP
  • USA
  • May 28 2010

The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide


N.Y. Insurance Department issues opinion prohibiting contingent annuity contracts
  • Locke Lord LLP
  • USA
  • July 29 2009

Last month, the New York Insurance Department’s Office of General Counsel issued Opinion No. 09-06-11 (the “Opinion”) which prohibits contingent annuity contracts on the grounds that such contracts constitute an impermissible form of financial guaranty insurance


FTC announces three-month suspension of Red Flags Rule; new guidance to be released shortly
  • Locke Lord LLP
  • USA
  • July 30 2009

On Wednesday, July 29, 2009, the Federal Trade Commission (FTC) announced that it would be suspending enforcement of the Red Flags Rule, its new anti-fraud regulations, for three months, until November 1, 2009


First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period
  • Locke Lord LLP
  • USA
  • July 29 2009

The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period


SEC takes interest in life settlements
  • Locke Lord LLP
  • USA
  • October 23 2009

SEC Commissioner Mary L. Schapiro indicated on October 22, 2009 that life settlements are an "area of emerging interest" to the SEC


D.C. Circuit remands Rule 151A to the SEC
  • Locke Lord LLP
  • USA
  • July 29 2009

This updates our January 28, 2009 posting


New York State Court denies motion to compel discovery of reinsurance and reserve information
  • Locke Lord LLP
  • USA
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim


Federal Court Orders Party to Produce Copies of its Reinsurance Agreements Under Fed. R. Civ. P. 26
  • Locke Lord LLP
  • USA
  • July 27 2010

Plaintiff moved to compel production of defendant American Red Cross' reinsurance agreements


Ninth Circuit holds that infringement of patented website feature constitutes "advertising injury"
  • Locke Lord LLP
  • USA
  • April 14 2010

The Ninth Circuit recently ruled that a general liability insurer must defend its insured against a patent infringement lawsuit relating to a feature on the insured's website