Mar
8
Illinois High Court Affirms Trial Court’s Dismissal Of Claims Over Site Conditions
March 8, 2012 | Leave a Comment
SPRINGFIELD, Ill. – The Illinois Supreme Court on Feb. 2 unanimously affirmed a trial court’s dismissal of an environmental group’s claims that ExxonMobil Coal USA was in violation of the Surface Coal Mining Land Conservation and Reclamation Act (SCMLCRA) and Water Use Act of 1983 for site conditions at one of its mines because the [...]
Mar
5
Louisiana Appeals Court Affirms Class Certification In Reimbursement Dispute
March 5, 2012 | Leave a Comment
LAKE CHARLES, La. – A Louisiana appeals court panel on Feb. 1 affirmed the grant of class certification in a case alleging that a health care provider impermissibly demanded and/or collected sums in excess of the discounted rates negotiated with the plaintiffs’ health insurers (Keisha Desselle, et al. v. Acadian Ambulance Service Inc., No. 11-742, [...]
Feb
13
Louisiana Supreme Court Grants Appeal Of Medical Malpractice Lawsuit
February 13, 2012 | Leave a Comment
NEW ORLEANS – The Louisiana Supreme Court on Feb. 3 agreed to hear an insurer’s appeal of an appeals court’s finding that a lower court abused its discretion in denying claimants’ motion for a new trial in their medical malpractice lawsuit against the insurer and its doctor insured (Alfred Dupree, et al. v. Louisiana Medical [...]
Jan
14
California Top Court: Manufacturers Not Liable For Third-Party Asbestos Products
January 14, 2012 | Leave a Comment
SAN FRANCISCO – A manufacturer may not be held strictly liable or negligent for harm caused by another manufacturer’s asbestos-containing product except where the defendant bears some direct responsibility for the resulting harm, the California Supreme Court held today in rejecting “an unprecedented expansion of strict products liability” (Barbara J. O’Neil, et al. v. Crane [...]
Jan
11
Act’s Silence On Arbitration Means Claims Must Be Arbitrated, High Court Rules
January 11, 2012 | Leave a Comment
WASHINGTON, D.C. – Because the Credit Repair Organizations Act (CROA) does not specifically state whether claims brought pursuant to the act are eligible for arbitration, the Federal Arbitration Act (FAA) requires an arbitration agreement in a credit card agreement “to be enforced according to its terms,” a split U.S. Supreme Court ruled Jan. 10 (CompuCredit [...]
Dec
22
Supreme Court Sets Argument Dates For Health Care Act Cases
December 22, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court on Dec. 19 scheduled oral arguments over three days in March for challenges to the Patient Protection and Affordable Care Act (PPACA) (Florida, et al. v. Department. of Health and Human Services, et al., No. 11-400 U.S. Sup.; Department of Health and Human Services, et al. v. Florida, [...]
Dec
10
Patentability Of Medical Treatment Claims Debated Before Supreme Court
December 10, 2011 | Leave a Comment
WASHINGTON, D.C. – One year after vacating and remanding a Federal Circuit U.S. Court of Appeals determination that medical treatment protocol steps are patentable, the U.S. Supreme Court heard oral argument on Dec. 7 in the same case (Mayo Collaborative Services and Mayo Clinic Rochester v. Prometheus Laboratories Inc., No. 10-1150, U.S. Sup.). LexisNexis® Mealey’s™ [...]
Dec
7
U.S. Supreme Court Won’t Review Liability Expansion In False Claim/Kickbacks Case
December 7, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court said Dec. 5 that it will not review a federal appeals court ruling that found that an orthopedic device company could be sued for false claims and kickbacks based on certification by health care providers that they comply with federal regulations (Blackstone Medical, Inc. v. United States of [...]
Dec
1
Supreme Court Hears Arguments On Whether RESPA Violation Is An Injury In Fact
December 1, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court heard arguments on Nov. 28 on whether a property owner suffered an injury in fact under the Real Estate Settlement Procedures Act (RESPA) when she bought title insurance from a company that allegedly paid kickbacks to get business from title insurance agents in Ohio (First American Financial Corp. [...]
Nov
16
Supreme Court To Review Challenges To Health Care Reform Act
November 16, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court on Nov. 14 agreed to review three cases challenging the Patient Protection and Affordable Care Act (PPACA) after considering five of six petitions challenging the act at its Nov. 10 conference (National Federation of Independent Business, et al. v. Kathleen Sebelius, No. 11-393; States of Florida, et al. [...]