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US federal court reverses ban on law requiring burial or cremation of fetal remains

JURIST

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

Court 208
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US Appeals Court rules Pfizer plan to cover heart medication copays violates US law

JURIST

The US Court of Appeals for the Second Circuit Monday rejected an appeal from Pfizer Inc. after the Department of Health and Human Services (DHHS) said that Pfizer’s plan to cover patients’ copays for its heart failure medications violated US law.

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Federal appeals court upholds Ohio Down syndrome abortion law

JURIST

The US Court of Appeals for the Sixth Circuit has upheld Ohio’s HB 214 law that prohibits doctors from performing an abortion with the knowledge that a women’s reason for terminating the pregnancy is a fetal Down syndrome diagnosis. The circuit split has increased the possibility of a Supreme Court review.

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Texas Supreme Court denies abortion access to woman with pregnancy complications

JURIST

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban. Her health is on the line.

Court 211
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Medicare preempts liability claims for denial of skilled nursing facility services

At the Lectern

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

Statute 40
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Ruling that nursing home arbitration agreement was invalid reversed.

Day on Torts

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. National Health Corp. , 3d 876 (Tenn. Code Ann. § Code Ann. § internal citation omitted).

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Novartis En Banc and Amicus Support

Patently O

Accord Healthcare, Inc., Two groups of law professors have each filed an amicus brief in support of the petition. The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. by Dennis Crouch. 21-1070; petition from 38 F.4th 4th 1013 (U.S.