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 [...]
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. [...]
Oct
5
U.S. Supreme Court Refuses To Review Asbestos Coverage Dispute Ruling
October 5, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari filed by an insured seeking review of whether an insurer is collaterally estopped from enforcing an arbitration clause in a settlement agreement pertaining to asbestos-related injury claims (George V. Hamilton Inc. v. Nationwide Mutual Fire Insurance Co., No. [...]
Aug
30
Texas Supreme Court Vacates $ 7.7M Vioxx Verdict; Science Standard Was Unmet
August 30, 2011 | Leave a Comment
AUSTIN, Texas – The Texas Supreme Court on Aug. 26 reversed a $ 7.75 million Vioxx death verdict after ruling that the plaintiff had not met the state’s requirements for scientific reliability to prove that short-term exposure to the prescription pain drug caused a fatal heart attack (Merck & Co., Inc. v. Felicia Garza, et [...]