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By Mason Lawlor | June 3, 2024
According to the summary judgment motion, Russell is entitled to qualified immunity because "no reasonable person in her position would have known" that her actions in monitoring Connell's Hepatitis C and treating symptoms would have constituted a violation of "some clearly established right" of the plaintiff.
4 minute read
By Thomas A. Moore and Matthew Gaier | June 3, 2024
Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read
By Colleen Murphy | May 31, 2024
"Allstate submits that, in recent years, the opioid abuse crisis has fueled urine drug testing (UDT) for pain management and prescription compliance, ripening opportunities for fraud, waste, and abuse," U.S. Chief District Judge Renée Marie Bumb wrote. "It links Phoenix Toxicology to a growing and disturbing trend of unnecessary UDT."
5 minute read
By Mason Lawlor | May 31, 2024
"Five years ago, Gender Justice, the Lawyering Project, and our clients understood that the fight to protect abortion rights rests in the states. Today, we are thrilled to announce that our case is finally over and our victory is settled, marking a significant win for reproductive rights in Minnesota," Legal Director at Gender Justice Jess Braverman said in a statement.
4 minute read
By John Lyddane | May 28, 2024
Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.
9 minute read
By Vasilios J. "Bill" Kalogredis | May 28, 2024
The opinion concludes that although the proposed arrangement, if undertaken, would generate prohibited remuneration under the AKS (if the requisite intent were present), the OIG would not impose administrative sanctions on the requestor; and the arrangement does not constitute grounds for imposition of sanctions under the beneficiary inducements CMP.
10 minute read
By Jimmy Hoover | May 24, 2024
"PBMs [pharmacy benefit managers] have had a profound and profoundly negative effect on pharmacies and the patients who rely on them," Clement wrote in the petition for Supreme Court review.
5 minute read
By Colleen Murphy | May 21, 2024
"Now, Henrietta Lacks' grandson, Ron Lacks, says Ultragenyx unjustly reaps some of the benefits of the wrongs against his grandmother," District Judge Deborah L. Boardman said. "Ultragenyx says it has done nothing wrong, and Lacks has no viable claim against it. Today, the court reaches one modest conclusion about this dispute: If what Lacks alleges is true, it is plausible that Ultragenyx is liable to Lacks for unjust enrichment."
5 minute read
By Brian Lee | May 21, 2024
The 7-0 Court of Appeals ruling, written by Chief Judge Rowan Wilson, rejected a claim by a coalition of churches and religious organizations that had challenged the rule of the Department of Financial Services as violative of the First Amendment.
4 minute read
By Abigail Adcox | May 21, 2024
A conflict at Paul Hastings contributed to Eva Temkin's move to Arnold & Porter, while Latham has lured two partners from Skadden.
4 minute read
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