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Publication Date: 2022-04-12
Practice Area: Contractual Disputes
Industry: Health Care | Software
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Paul J. Lockwood, Ryan M. Lindsay, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; William E. Ridgway, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL; Peter B. Morrison, Zachary M. Faigen, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA for plaintiffs.
for defendant: Raymond J. DiCamillo, Richards, Layton & Finger, P.A., Wilmington, DE; Michael Rubin, Melanie Blunschi, Latham & Watkins LLP, San Francisco, CA; Serrin Turner, Latham & Watkins LLP, New York, NY for defendant.
Case Number: D69775
The court held plaintiffs' claims were subject to a forum selection clause for venue in three California counties.
Publication Date: 2022-04-05
Practice Area: Intellectual Property
Industry: Health Care | Software
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Trevor Q. Coddington, Insigne PC, Carlsbad, CA for plaintiff.
for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett M. Schuman, Rachel M. Walsh, Goodwin Procter LLP, San Francisco, CA for defendant.
Case Number: D69773
Court declined to dismiss patent infringement claim for invalidity based on the patent claiming ineligible subject matter, where a reading of the patent's claim language did not plainly reveal that the patent was merely directed towards an abstract idea.
Publication Date: 2022-04-05
Practice Area: Medical Malpractice
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Keyona McCreary, Wilmington, DE, pro se plaintiff.
for defendant: David C. Weiss, United States Attorney, Shamoor Anis, Assistant United States Attorney, Wilmington, DE for defendant.
Case Number: D69772
Filing deadlines for Federal Tort Claims Act claim were equitably tolled where plaintiff's counsel had failed to move for reconsideration of the denial of plaintiff's administrative tort claim or to inform plaintiff of the deadline for moving for reconsideration.
Publication Date: 2022-03-22
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
Case Number: D69756
Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.
Publication Date: 2022-03-22
Practice Area: Labor Law
Industry: Construction | Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellant;
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: D69757
Board correctly denied workers' compensation benefits for surgery performed by provider whose workers' compensation certification had lapsed at the time of the surgery and who had failed to obtain preauthorization for the treatment.
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Publication Date: 2022-03-08
Practice Area: Bankruptcy
Industry: Health Care | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69737
The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted
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.
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.
Publication Date: 2022-02-08
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
Case Number: D69707
The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.
Publication Date: 2022-02-01
Practice Area: Wrongful Death
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Michael Patrick Minuti, McCann & Wall LLC, Wilmington, DE; Neil Raymond Lapinski, Phillip Anthony Giordano, Gordon, Fournaris & Mamivlarella, Wilmington, DE for plaintiffs.
for defendant: Stephen J. Milewski, Roopa Sabesan, White & Williams, Wilmington, DE for defendant.
Case Number: D69698
The court held that plaintiff's lawsuit which alleged wrongful death of nursing home residents who died from COVID-19 did not possess the prerequisites for federal jurisdiction and was not preempted by the federal statute called Public Readiness and Emergency Preparedness Act.
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