• United States v. Walmart Inc.

    Publication Date: 2024-03-26
    Practice Area: Health Care Law
    Industry: Distribution and Wholesale | Federal Government | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Slights
    Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
    for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.

    Case Number: 20-1744-CFC

    Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.

  • AstraZeneca Pharm. LP v. Becerra

    Publication Date: 2024-03-18
    Practice Area: Health Care Law
    Industry: Federal Government | Manufacturing | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE; Catherine E. Stetson, Susan M. Cook, Marian Golden, Hogan Lovells US LLP, Washington, DC for plaintiffs.
    for defendant: Jacob Laksin, United States Department of Justice, Wilmington, DE; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, United States Department of Justice, Washington, DC for defendants.

    Case Number: 23-931-CFC

    Drug manufacturer lacked standing to challenge Drug Price Reduction Program and associated guidelines due to the lack of a concrete and imminent injury in fact from the program.

  • AstraZeneca Pharm. LP v. Becerra

    Publication Date: 2022-03-01
    Practice Area: Health Care Law
    Industry: Federal Government | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, and Stephen K. Wirth, Arnold & Porter Kaye Scholer LLP, Washington, DC for plaintiff.
    for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.

    Case Number: D69731

    Court overturned agency violation letter based on previously-withdrawn advisory opinion, such that the letter constituted shifting regulatory guidance and did not comply with rulemaking requirements under THE Administrative Procedure Act.

  • United States ex rel. O'Bier v. TidalHealth Nanticoke, Inc.

    Publication Date: 2022-02-15
    Practice Area: Health Care Law
    Industry: Federal Government | Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69715

    Kickback claims failed as a matter of law where relator could not plausibly allege a financial connection between prescribing healthcare providers and medical equipment suppliers.

  • DeMarco v. Christiana Care Health Servs., Inc.

    Publication Date: 2021-10-13
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE; Ralph C. Lorigo, Law Office of Ralph C. Lorigo, West Seneca, NY for plaintiff;
    for defendant: John D. Balaguer, Stephen J. Milewski, Karine Sarkisian, White and Williams LLP, Wilmington, DE for defendant.

    Case Number: D69569

    Court declined to order injunctive relief directing health care provider to administer treatment that did not fall within the provider's accepted standard of care for treatment of a medical condition.

  • Law Journal Press | Digital Book

    Lancaster County & Berks County Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • AstraZeneca Pharms. LP v. Becerra

    Publication Date: 2021-06-30
    Practice Area: Health Care Law
    Industry: Federal Government | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, Stephen K. Wirth, Arnold & Porter Kay Scholer LLP, Washington, DC for plaintiff.
    for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.

    Case Number: D69446

    U.S. Department of Health and Human Service's guidance regarding the 340B drug program violated the Administrative Procedure Act due to lack of notice-and-comment where guidance materially altered obligations of drugmakers under the 340B program and constituted a final agency decision.

  • United States ex rel. O'Bier v. TidalHealth Nanticoke, Inc.

    Publication Date: 2021-05-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: John D. McLaughlin, Jr., Ferry Joseph, P.A., Wilmington, DE; Michael J. Khouri, Khouri Law Firm, APC, Ir-vine, CA for plaintiffs.
    for defendant: Brian J. McLaughlin, Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Jennifer J. Coyne, Todd Reinecker, Miles & Stockbridge P.C., Baltimore, MD; Richard A. Robinson, Burr & Forman LLP, Wilming-ton, DE James A. Hoover, Burr & Forman LLP, Birmingham, AL; Martin S. Himeles, Jr., Zuckerman Spaeder LLP, Baltimore, MD; Thomas G. Macauley, Macauley LLC, Wilmington, DE; Daniel A. Griffith, Whiteford Taylor & Preston LLC, Wilmington, DE for defendants.

    Case Number: D69409

    The court dismissed a complaint with prejudice because it failed to allege sufficient facts to support a cause of action under the federal False Claims Act with regard to an unlawful referral scheme.

  • Brown v. City of Wilmington

    Publication Date: 2019-01-23
    Practice Area: Health Care Law | Labor Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Gary S. Nitsche and Rachel D. Allen, Weik, Nitsche & Dougherty, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Lauren A. Cirrinicione and Kelley M. Huff, Murphy & Landon, Wilmington, DE for defendant.

    Case Number: D68431

    Retired firefighters' claims for denial of health insurance benefits pursuant to municipal personnel policy denied where employer had not made specific determination that their disabilities arose from hot pursuit or emergency situation and where policy could not apply retroactively to firefighters who retired prior to policy adoption.

  • Prunckun v. Delaware Dept. of Health & Soc. Servs.

    Publication Date: 2019-01-16
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Francis G.X. Pileggi, Brian D. Ahern, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA; Christopher E. Torkelson, Eckert Seamans Cherin & Mellott, LLC, Princeton, NJ for appellant.
    for defendant: Lauren E. Maguire and Adria B. Martinelli, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: D68423

    Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.

  • Delaware Bd. of Nursing v. Francis

    Publication Date: 2018-10-17
    Practice Area: Administrative Law | Health Care Law | Regulation
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Carla A.K. Jarosz, attorney for appellant
    for defendant: Daniel A. Griffith, attorney for appellees.

    Case Number: D68318

    State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.