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  September 2011

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NEWARK, N.J. – A federal judge in New Jersey on Sept. 23 ruled that health plan participants’ claims that insurers violated the Employee Retirement Income Security by basing their reimbursement rates for out-of-network services on flawed data may continue, but the judge dismissed health care providers’ claims and the participants’ antitrust claims and failure-to-provide-information claims [...]

CINCINNATI – A panel of the Sixth Circuit U.S. Court of Appeals on Sept. 22 rejected the theory of three metoclopramide plaintiffs that the U.S. Supreme Court’s recent generic drug preemption ruling revives their failure-to-warn claim against the makers of brand-name Reglan (Lala Smith v. Wyeth, Inc., et al., No. 09-5460, Alice Wilson v. Pliva, [...]

CHICAGO – Upon panel rehearing, the Seventh Circuit U.S. Court of Appeals on Sept. 20 ruled that an insurer’s termination of benefits based on the disability plan’s self-reporting symptoms limitation clause was arbitrary and capricious because the claimant’s diagnosis of disabling fibromyalgia was based on medical evidence and not the claimant’s self-reported symptoms (Susie Weitzenkamp [...]

NEW ORLEANS – The Fifth Circuit U.S. Court of Appeals on Sept. 14 upheld a Texas federal court’s ruling in favor of restaurant servers who claim wage violations when managers forced them to share their tips with nontipped workers (Jennifer Roussell v. Brinker International, Incorporated, No. 09-20561 c/w No. 10-20614, 5th Cir.; 2011 U.S. App. [...]

SAN FRANCISCO – The Scios Inc. subsidiary of Johnson & Johnson has agreed to plead guilty to a misdemeanor charge related to the off-label marketing of its Natrecor heart drug, to pay an $ 85 million fine and to serve three years’ organizational probation, according to a brief filed Sept. 14 in a California federal [...]

NEW YORK – A data protection corporation may not recover its losses arising from a $ 25 million class action settlement because it did not comply with its excess insurance policy’s consent-to-settle provision, a New York federal judge ruled Sept. 9 (Federal Insurance Company v. Safenet Inc., et al., No. 09 CV 7863 [NRB], S.D. [...]

CHICAGO – The Seventh Circuit U.S. Court of Appeals on Sept. 6 affirmed the dismissal of 401(k) plan participants’ claims that the plan fiduciaries breached their duties under the Employee Retirement Income Security Act by offering retail mutual funds and requiring the participants to pay the operating expenses of their retirement investments (Brian Loomis, et [...]

CINCINNATI – An Ohio federal judge erred when he limited his analysis to remuneration when considering whether an Ohio volunteer fire department’s firefighters were employees under the requirements of Title VII of the Civil Rights Act of 1964 during the time one of the firefighters claims she was sexually harassed by the fire chief, a [...]

NEW YORK – Representatives of the Lago Agrio, Ecuador, plaintiffs (LAP) joined in the U.S. District Court for the Southern District of New York litigation by Chevron Corp. for an injunction declaring an $ 18 billion judgment for alleged contamination of the Amazon basin unenforceable were denied judgment on the pleadings on Aug. 31 by [...]

SAN FRANCISCO – Several manufacturers of thin film transistor-liquid crystal display (TFT-LCD) products on Aug. 30 agreed to pay direct purchasers $ 388 million to settle class claims that the manufacturers conspired to raise and fix the price of TFT-LCD panels and certain products containing those panels for more than 10 years, resulting in overcharges [...]

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