JURIST

DECEMBER 12, 2023

The brief opinion from the Texas Supreme Court recounted the trial court’s finding that Cox’s abortion would “fall within the medical-necessity exception to Texas’s abortion laws.” Texas Health & Safety Code 170.002 states “a person may not knowingly perform, induce, or attempt an abortion.”

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Day on Torts

JANUARY 23, 2023

When a party failed to file a motion for substitution for more than a year after filing a notice of death, misinterpretation of the law did not constitute excusable neglect and dismissal was affirmed. In Joshlin v. Halford , No. W2020-01643-COA-R3-CV (Tenn. Instead, plaintiffs needed to follow the Rule 25.01 procedure.

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Laws Statute Healthcare Court 59

FDA Law Blog

JUNE 15, 2022

The hospitals argued that the profits helped them offset the considerable costs of providing healthcare to the uninsured and underinsured in low-income and rural communities, something that Congress was well aware of and intended when it passed the Medicare Prescription Drug, Im­provement, and Modernization Act in 2003. Becerra, No.

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JURIST

SEPTEMBER 11, 2022

Matilda Bogner, Head of the UNHRMM, reported: We documented that prisoners of war in the power of the Russian Federation and held by the Russian Federation’s armed forces have suffered torture and ill-treatment, and in some places of detention lack adequate food, water, healthcare and sanitation.

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Day on Torts

APRIL 15, 2021

Defendant argued that plaintiff’s claim could not stand because it was “premised solely on vicarious liability, but the underlying claims against the alleged agents were barred by the statute of limitations at the time suit was filed against [defendant].” Methodist Healthcare-Memphis Hospitals , 325 S.W.3d In Gardner v. 3d 98 (Tenn.

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At the Lectern

JULY 24, 2023

Interpreting federal statutes, regulations, and an administrative manual, the court adopts “[a] narrower definition of unallowable advertising,” one that makes a “distinction between advertising that educates potential beneficiaries about needed care and advertising designed to generate revenue.”

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JURIST

DECEMBER 10, 2023

Additionally, in response to the TRO, Paxton sent a letter to the plaintiff’s hospital, warning that the TRO “ will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.” This is why people should not need to beg for healthcare in a court of law.

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JURIST

NOVEMBER 7, 2023

” The case, originally filed in December 2022, alleged that Cencora “fueled” the opioid crisis by repeatedly ignoring reports of suspicious prescriptions for medications they distributed being filled at pharmacies as early as 2014, with the government seeking $1 billion in damages.

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Paralegal Bootcamp

AUGUST 5, 2021

The backbone of all good personal injury law firms is its paralegals. Paralegals are essential to a personal injury law firm, whether for a solo practitioner or a large firm with many lawyers. A valuable personal injury paralegal is a paralegal who knows not only the law but also the medicine. initial intake).

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C. A jury found Dubin guilty of one charge of healthcare fraud and aggravated identity theft. Facts of the Case.

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Patently O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. 4th 1013 (Fed.

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JURIST

APRIL 6, 2023

The American Civil Liberties Union (ACLU) on Wednesday announced it had filed a lawsuit to block the application of a legal opinion in connection with Idaho’s abortion laws. The statute in its plain language states, criminal penalties will apply to “every person who performs or attempts to perform an abortion.”

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FDA Law Blog

OCTOBER 3, 2022

In a statement , the company denied all allegations raised in the case, saying that it believed its intent and conduct to be at all times lawful and appropriate. Department of Health and Human Services (HHS) and the Department of Justice (DOJ) have aggressively pursued antikickback cases in the healthcare industry. See 42 U.S.C.

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FDA Law Blog

APRIL 25, 2023

The technological characteristics in this context may cover a wide range of device functions, for instance, monitoring features, stimulation parameters, and communications with healthcare providers. Please refer to the help text in this section for the content that is required according to this statute.” Special 510(k)s.

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JURIST

MARCH 1, 2022

Law students and young lawyers in Ukraine are filing for JURIST on the latest developments in that country as it defends itself against Russian invasion. During the first five days of combat, Russian forces attacked dozens of civilian targets, which do not qualify as legitimate military targets under international law.

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At the Lectern

JULY 13, 2023

A federal Medicare statute preempts those claims, the court concludes. The court’s unanimous opinion by Justice Joshua Groban concludes Congress intended to broadly preclude state law actions regarding Medicare Advantage plans. United Healthcare Services, Inc. UnitedHealthcare, Inc. , 2016) 2 Cal.App.5th

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R. Background. 3d 774 (7th Cir. Greber, 760 F.2d

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Patently O

SEPTEMBER 26, 2022

Import Ban (Source: Fierce Healthcare). Brandon Heard: Ontario Court of Appeal Affirms Dismissal of Apotex’s Statutes of Monopolies and Trademarks Act Claims Regarding Olanzapine (Source: JD Supra). Samantha Handler: Apple Patent Victories Upheld by Tribunal After Arthrex Remand (Source: Bloomberg Law).

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FDA Law Blog

NOVEMBER 30, 2022

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.

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JURIST

SEPTEMBER 11, 2021

The US Department of Justice (DOJ) on Thursday filed a lawsuit challenging a highly controversial Texas law, Senate Bill (SB8) , which bans all abortions after six weeks and authorizes citizens to report individuals who assist or intend to assist people seeking to terminate their pregnancies.

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JURIST

APRIL 28, 2022

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. Cummings then filed a lawsuit against Premier for discrimination on the basis of her disability, alleging that the company violated federal anti-discrimination laws when refusing to provide her with an interpreter.

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Patently O

MARCH 4, 2024

It held that under pre-AIA Federal Circuit precedent, a patentee’s sale of a product made by a secret process placed the process “on sale” under the statute, thus invalidating later patent claims to the process. But, the problem is that the statute expressly asks whether the invention was “on sale.”

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Customs & International Trade Law

APRIL 18, 2024

The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud. The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud. What is the False Claims Act? Register here.

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LawSites

OCTOBER 29, 2021

However, there is one notable addition to the subscription site — a comprehensive collection of primary source content covering all federal and state statutes and regulations. Until now, the platform included primary source law only to the extent it related to the practice areas WK covers.

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SCOTUSBlog

JUNE 11, 2021

They ask the court to clarify prior case law on bar-association dues and declare that the Oregon policy is subject to the same “exacting” First Amendment scrutiny as laws involving subsidized speech by public-sector unions. Lastly, Healthcare Distribution Alliance v. Oregon State Bar.

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LawTechnologyToday

JANUARY 25, 2021

Both serve to depict healthcare that is provided virtually and without physical contact with a healthcare provider. A patient explains his or her complaints virtually, often by video conferencing, and the healthcare provider will give a recommendation or diagnosis. Potential for fraud and abuse. Privacy and confidentiality.

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Day on Torts

MARCH 11, 2022

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. Code Ann. § 34-6-208, would not apply to this power of attorney because it was executed in Mississippi.

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Attorney Statute Healthcare Court 59

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Facts of the Case Petitioner David Dubin was convicted of healthcare fraud under 18 U.S.C. The crux of the healthcare fraud was a misrepresentation about the qualifications of petitioner’s employee,” Justice Sonia Sotomayor wrote. 1028A(a)(1).

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The Process Street

NOVEMBER 28, 2023

Applications of AI in healthcare Artificial intelligence in the healthcare industry has numerous applications that can improve patient care, diagnoses, and overall efficiency in the industry. Fraud detection AI can be used to detect and prevent fraudulent activities in government programs such as social security, tax, and healthcare.

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SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Issue : Whether a federal court deciding a state-law issue in a bankruptcy case must apply the forum state’s choice-of-law rules or federal choice-of-law rules to determine what substantive law governs.

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LawSites

OCTOBER 29, 2021

However, there is one notable addition to the subscription site — a comprehensive collection of primary source content covering all federal and state statutes and regulations. Until now, the platform included primary source law only to the extent it related to the practice areas WK covers.

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Legal Research Legal Legal Statute 52

FDA Law Blog

SEPTEMBER 19, 2023

The FTC expressed concern that patent listings that do not meet the statutory criteria undermine the competitive process, may disincentivize investment in developing generic and follow-on products, and reduce patient access to more affordable drugs thereby increasing costs to the healthcare system.

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FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Blumberg

MAY 25, 2021

This update complies with amendments to the Power of Attorney Statute that takes effect June 13, 2021. The distinctive boilerplate and usage in countless transactions have become the trusted choice of attorneys and the financial, real estate, business, and healthcare communities.

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FDA Law Blog

JUNE 16, 2023

Prohibition on Excessive Price Increases The law prohibits manufacturers from imposing or causing to be imposed an “excessive price increase,” whether directly or through a wholesale distributor, pharmacy, or similar intermediary, on the sale of any generic or off-patent drug sold or dispensed to any consumer in the state.

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At the Lectern

JULY 27, 2023

The court granted review in two cases alleging that failures to adequately disclose hospital emergency room “Evaluation and Management Services” fees violated the state’s Consumers Legal Remedies Act and Unfair Competition Law. In an unpublished opinion , the Sixth District Court of Appeal in Capito v. In In re Ja.O. ,

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At the Lectern

JANUARY 7, 2022

where the Second District, Division Seven, Court of Appeal held that a preemption clause in federal Medicare statutes preempted an action for negligence, elder abuse, and wrongful death against a private Medicare Advantage health care plan insurer and the plan’s health care provider. United Healthcare Services, Inc.

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