Articles related to Litigation

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Fifth Circuit Holds There Is No Private Right of Action Under the No Surprises Act 

[07/25/25]

Indiana Medicaid Will Now Contemplate the Medical Necessity of Services Rendered During an Application for Emergency Detention 

[07/22/25]

Indiana Court of Appeals Clarifies Mootness and Collateral Consequences in Civil Commitment Appeals – A Recent Indiana Supreme Court Decision Changed the Analysis 

[07/07/25]

Indiana Court of Appeals Reaffirms Limits on “Special Conditions” in Civil Commitment Orders

[06/26/25]

The U.S. District Court for the Northern District of Illinois Holds that “But-For” Causation Is Required to Establish FCA/AKS Liability

[06/20/25]

Emergency Physician Loses Appeal on EMTALA Retaliation Claim

[05/16/25]

Texas District Court Strikes Down FDA’s Laboratory Developed Tests Final Rule Less Than Two Months before Phase I Implementation

[04/28/25]

Court Confirms Value in Obtaining Advisory Opinion from OIG

[04/28/25]

Seventh Circuit Narrows Scope of Anti-Kickback Statute in United States v. Sorensen

[04/28/25]

Indiana Court of Appeals Confirms a Patient’s Waiver of the Right to Counsel Must Be Knowing, Voluntary and Intelligent

[04/23/25]

Gender-Affirming Care Litigation Update

[04/18/25]

D.C. Court of Appeals Joins Prohibition on Pro Se Pursuit of FCA Claims

[04/07/25]

Indiana Court of Appeals Holds Suicidal Ideation and History of Suicide Attempts Establish Grave Disability

[03/21/25]

Executive Order Restricting Gender-Affirming Care for Minors: Litigation Update and Analysis

[03/13/25]

Indiana Court of Appeals Affirms Regular Commitment of M.M. for Grave Disability 

[03/10/25]

Indiana Court of Appeals Dismisses Temporary Commitment Appeal as Moot and Declines to Apply

[01/17/25]

Indiana Court of Appeals Holds a Profoundly Disorganized Thought Process Evidences Grave Disability

[01/09/25]

Preliminary Injunction Issued Against the Corporate Transparency Act

[12/05/24]

Indiana Physician Fraud Conviction Highlights Compliance Risks

[11/01/24]

HHS Cannot Exclude § 1115 Waiver Days from Medicare DSH Formula

[08/22/24]

California Central District Court Compels Government Disclosure of Non-Sealed Documents Withheld Pursuant to Law Enforcement Privilege

[08/08/24]

Eighth Circuit Declares $7.5M FCA Award Unconstitutional and Affirms Statistical Sampling in Bench Trials

[08/01/24]

Indiana: Expedited Commitment Appeals Pilot to Begin September 1

[07/19/24]

Supreme Court Overturns Chevron

[06/28/24]

Revised Emergency Detention Procedures Begin in Indiana on July 1, 2024

[06/27/24]

U.S. Supreme Court Issues Ruling Rejecting Challenge to Mifepristone Access

[06/18/24]

Supreme Court Agrees to Hear Group Appeal Challenging DSH Reimbursement Policy

[06/14/24]

Navigating the Ambiguity of the Texas Medical Board’s Proposed Rules on Emergency Abortions

[03/28/24]

Alabama’s Supreme Court Rules that Frozen Embryos Are Children Under State Law

[03/05/24]

Federal Court of Appeals Panel Issues Ruling in Litigation Challenging FDA Approval of Mifepristone

[08/31/23]

SCOTUS Upholds Government Dismissal of FCA Actions When It Determines Costs Outweigh Benefits

[06/16/23]

Liability Insurance May Cover False Claims Act Settlements and the Cost of Defense

[05/12/23]

Law & Medicine: The Exercise of Discretion

[05/05/23]

New Department of Labor Opinion Letter: Employees May Use FMLA Leave for Reduced Work Hours

[02/17/23]

FDA Expands Access to Mifepristone: Next Steps for Providers and Retail Pharmacies

[02/07/23]

Litigation and Its Discontents

[10/28/22]

Incorporation by Reference Does Not Create a Material Condition of Payment

[10/18/22]

Indiana Abortion Law Injunction Limited in Scope

[09/22/22]

Dobbs v. Jackson Women’s Health: What It Does and What Health Care Providers Should Do Next

[06/27/22]

Wisconsin Courts Cannot Compel Providers to Give Treatments Below the Standard of Care

[06/22/22]

Supreme Court Ruling Impacts Choice to Litigate Before Seeking to Compel Arbitration

[05/26/22]

Seventh Circuit Clarifies “Authoritative Guidance” for the False Claims Act

[04/06/22]

What You Should Know About Health Systems and the Attorney-Client Privilege

[03/21/22]

Fourth Circuit Upholds Dismissal of Race Discrimination Claim Brought After Physician’s Medical Staff Privileges Were Not Renewed

[02/11/22]

Sixth Circuit Clarifies That FCA’s Whistleblower Limitations Period Begins on Retaliatory Event Date, Not When Plaintiff Learned of Event

[01/21/22]

As Legal Challenges Continue, OSHA Suspends Its Vaccine ETS

[11/22/21]

Challenges to Federal Government Vaccine Mandate Initiatives Continue

[11/16/21]

Vaccine Mandate from CMS Faces First Legal Challenge

[11/12/21]

Vaccine Mandate Litigation Kicks into High Gear: Challenges to OSHA’s Vaccine ETS Lead to Judicial Lottery and Initial Stay

[11/10/21]

D.C. Circuit Court of Appeals Vacates FDA Ban on Particular Use for Approved Device

[07/12/21]

Theranos Ruling Serves as an Important Reminder of the Limits of the Attorney-Client Privilege and Individual Accountability in Corporate Wrongdoing

[07/07/21]

Lawsuits Are Investments: Reminders from Florida Dismissal of Business Interruption Insurance Case

[12/14/20]

Wisconsin Supreme Court Agrees to Review Prado Case Challenging Warrantless Blood Draws on Incapacitated Drivers Under Wisconsin’s Implied Consent Law

[11/11/20]

Eleventh Circuit Reaffirms Need for Counsel to Pursue Qui Tam Claims Under the False Claims Act

[09/02/20]

Litigation in Health Care M&A: Three Key Considerations to Mitigate Risk

[08/25/20]

Improper Real Estate Arrangements Alleged as Part of $72.3 Million FCA Settlement

[07/29/20]

Wisconsin Statute Permitting Warrantless Blood Draws from Unconscious Drivers Held Unconstitutional

[07/15/20]

Fourth Circuit Dismisses FCA Complaint for Failure to Plead “Rigorous” Scienter Element of FCA Claim and Causal Nexus of Retaliation Claim; Whether Retaliation Can Include ‘Blacklisting’ Not Addressed

[06/29/20]

The Sixth Circuit Joins the Majority and Confirms That a Prior Lawsuit Implicates the Public Disclosure Bar to False Claims Act Lawsuits

[06/18/20]

Business Interruption Insurance – Racing to the State House and the Courthouse

[05/01/20]

EEOC Reverses 22-Year-Old Policy on Binding Arbitration of Discrimination Disputes

[12/20/19]

Indiana Supreme Court Erases Courts’ Ability to Add Reasonable Terms to Agreements

[12/05/19]

Sixth Circuit Rules “Smoking Gun” Email May Show Employee “Regarded As” Disabled Was Fired Under False Pretext

[11/21/19]

Federal Court Reinforces Government’s Right to Dismiss FCA Actions over Whistleblower Objection

[10/03/19]

Creditors or Debt Collectors: Hospitals’ Potential Liability Under FDCPA

[10/01/19]

E.D. Wisconsin: Boilerplate Defenses Insufficient; Challenges Wasteful

[07/31/19]

Supreme Court Finds Circuit Split “Wholly Groundless”

[01/09/19]

Attorneys as Relators – What About the Fees?

[09/25/18]

Ripping the Veil Off the Government’s Qui Tam Investigations

[05/16/18]

A Timely Split – Eleventh Circuit Strays from Common Application of the False Claims Act’s Statute of Limitations

[04/17/18]

“Constructive Discharge” Retaliation Claims Under the False Claims Act: What Form of Intent Must the Employer Have?

[04/09/18]

The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act

[01/22/18]

Government Traps, Zaps and Zingers

[01/15/18]

Fifth Circuit Addresses Pre-Suit Disclosure and Causation Requirements for FCA Theories of Liability

[10/17/17]

Providers Victorious in DSH Medicare Advantage Days Case

[07/31/17]