Articles and Blogs

In a recent decision, the Indiana Court of Appeals (the “Court”) upheld the trial court’s Order for Temporary Commitment, clarifying that a finding of “dangerousness” for civil commitment is not negated by claims of self-defense when the underlying conduct is driven by delusional beliefs. In re Commitment of J.S., No. 25A-MH-979, 263 N.E.3d 165... READ MORE

The Indiana Court of Appeals (the “Court”) upheld the trial court’s Order for Regular Commitment because sufficient evidence supported the finding that the patient, B.C., was both dangerous and gravely disabled. In re: the Civil Commitment of B.C., No. 25A-MH-303, 266 N.E.3d 304 (Ind. Ct. App. 2025). Background B.C., diagnosed with schizophrenia, was incarcerated... READ MORE

The Indiana Court of Appeals (the “Court”) affirmed a trial court’s order for a regular involuntary commitment, holding that when clear and convincing evidence shows treatment would likely extend past 90 days, regular commitment is appropriate. In re Commitment of D.W., No. 24A-MH-2284 (Ind. Ct. App., May 30, 2025). Background D.W., 46, voluntarily presented... READ MORE

In Humana Inc. v. Teva Pharmaceuticals USA, Inc., the District Court for the Middle District of Florida (the “Court”) dismissed claims brought by Humana under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) against Teva Pharmaceuticals USA and a few specialty pharmacies (collectively, “Teva”). The Court ruled that Humana lacked standing to sue due... READ MORE

The Fourth Circuit Court of Appeals (“Fourth Circuit”) recently heard oral arguments in National Association of Diversity Officers in Higher Education v. Donald Trump (“NADOHE v. Trump”), a case challenging the constitutionality of certain aspects of President Trump’s anti-diversity, equity and inclusion (“DEI”) executive orders, including Executive Order 14151, Ending Radical and Wasteful Government... READ MORE

In United States ex rel. O’Laughlin v. Radiation Therapy Services, P.S.C., the Sixth Circuit (also referred to as the “Court”) recently affirmed dismissal of a relator’s False Claims Act (“FCA”) action, concluding that he failed to plead or prove with particularity that radiation service providers submitted false claims for radiation or chemotherapy services, relying... READ MORE

In United States ex rel. Sedona Partners LLC v. Able Moving & Storage Inc., the Eleventh Circuit Court of Appeals (the “Court”) recently reversed a district court’s ruling that relators could not use materials obtained during discovery to satisfy the heightened pleading requirement under Federal Rule of Civil Procedure 9(b) (“Rule 9(b)”).  Background The... READ MORE

On July 21, 2025, the Tenth Circuit issued an important decision, confirming that employees asserting discrimination claims under the Americans with Disabilities Act (“ADA”) need not demonstrate a “significant change” in employment status. Instead, following the U.S. Supreme Court’s recent decision in Muldrow v. City of St. Louis (“Muldrow“), the Tenth Circuit held that... READ MORE

Effective July 1, 2025, Indiana Medicaid is no longer required to reimburse for services rendered during an Application for Emergency Detention (“AED”) without regard to medical necessity.   Background In 2023, Indiana overhauled its emergency detention framework through HEA 1006, which extended emergency detention to 14 business days, restructured procedures for initiating detentions and formally... READ MORE

The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction.... READ MORE