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New Jersey Law Journal

Reinstating Woman's Medicaid Benefits, NJ Appeals Court Rules Annuity Contract Is Irrevocable

Two clauses in the contract at issue in this case include an irrevocability clause and an amendment clause of the contract.
6 minute read

New York Law Journal

Feds Intervene in False Claims Act Suit Against Cigna, Alleging False Diagnosis of Medicare Patients

U.S. Attorney Damian Williams of the Southern District of New York said the scheme allowed Cigna to obtain tens of millions of dollars in Medicare funding.
3 minute read

New York Law Journal

Medical Center Rightfully Rescinded Physician's Residency Appointment Over Failed Drug Test, First Department Says in Reversal

The physician's "assertion that his positive drug test was the result of eating seeded breads does not require annulment" of the city Health and Hospitals Corporation's decision to remove him from the medical residency program, wrote the Appellate Division, First Department court.
3 minute read

Law.com

Another Federal Judge Tosses Out Challenge to Airline Mask Mandates

"Whether Cares Act funding was a subsidy or compensation, the Court concludes that Congress did not intend to circumvent the procedures for handling claims of disability discrimination against the airlines under the ACAA [Air Carrier Access Act of 1986]," U.S. District Judge Patti B. Saris wrote in the present matter.
5 minute read

Law.com

Lawyers Got Billions From Opioid Companies, But Legal Fight Far From Over

Drug companies settled opioid lawsuits for billions of dollars this year, and some filed for bankruptcy, but several closely watched appeals are coming up, and, for some defendants, such as pharmacies, the fight has just begun.
6 minute read

The Legal Intelligencer

The State of Medicare Set-Asides After a Roller Coaster Early 2022

Earlier this year, the Centers for Medicare & Medicaid Services (CMS) issued new guidelines regarding MSAs that sent shockwaves through the workers' compensation community. While CMS clarified those new guidelines within a few months, injured workers and their advocates still face uncertainty about what CMS requires when it comes to MSAs.
8 minute read

The Legal Intelligencer

Court Allows COVID-19 Negligence Claim to Proceed Against Long-Term Care Facility

In a surprising ruling for nursing facilities throughout Pennsylvania and elsewhere, the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss a complaint against a nursing home alleging negligence in protecting residents from COVID-19 in the early days of the pandemic.
6 minute read

Daily Report Online

$200M Med-Mal Lawsuit Enters Trial for Georgia Man Left in Paralysis After Visit to Fulton Hospital

"If John had gotten the treatment he deserved in a timely manner, he would not be locked in today."
3 minute read

Law.com

State Appeals Court: Hospital Not Vicariously Liable for Negligent Actions of Contracted Employees

"Because Plaintiffs' allegations against Erlanger were that of vicarious liability and not direct liability, we hold consist with Gilreath, as did the Trial Court, that there was no genuine issue of material fact and that Erlanger is entitled to a judgment as a matter of law because the GTLA prevented Erlanger from being held vicariously liable for the actions of non-employees," Chief Judge D. Michael Swiney wrote. "Therefore, we affirm the Trial Court's grant of summary judgment in favor or Erlanger."
5 minute read

Law.com

How I Made Partner: 'Communication and Collaboration Are Keys to Success,' Says Andrew Hazen of Hall Booth Smith

"Be willing to seize opportunities when they are presented, even if that means developing a new area of practice."
5 minute read

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