In late May, the Centers for Medicare and Medicaid Services (CMS) released a supplemental proposed rule that would result in Medicare payment reductions to hospitals. Meanwhile, questions have begun to arise over the future of the Medicare Payment Advisory Commission (MedPAC), given the upcoming inception of the Independent Payment Advisory Board (IPAB) that was created by the new healthcare overhaul law (Public Law 111-148 and 111-152).
Read More Healthcare News from Capitol Hill and the Department of Health and Human Services – June 1, 2010
United States
Breaking News: FTC Extends Effective Date of Red Flags Rule to December 31, 2010
By Troutman Pepper Locke on
Posted in Privacy/Data Security/Cyber Risk, United States
On May 28, 2010, the last business day before the June 1, 2010 effective date for the Red Flags Rule, the Federal Trade Commission issued a press release announcing another extension of the enforcement date.
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Read More Breaking News: FTC Extends Effective Date of Red Flags Rule to December 31, 2010
Jury Finds in Favor of Botox Manufacturer in Off-Label Use Trial
By Troutman Pepper Locke on
Posted in Product Liability, United States
A California jury recently returned a verdict in favor of Allergan, Inc., in a trial involving claims that Allergan’s promotion of an off-label use of its drug Botox caused the death of a pediatric patient suffering from cerebral palsy.
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Read More Jury Finds in Favor of Botox Manufacturer in Off-Label Use Trial
Learned Intermediary Doctrine: Eleventh Circuit Upholds Summary Judgment in Favor of Manufacturer in Lawsuit Claiming Antidepressant Caused Suicide
By Troutman Pepper Locke on
Posted in Product Liability, United States
The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide. …
Read More Learned Intermediary Doctrine: Eleventh Circuit Upholds Summary Judgment in Favor of Manufacturer in Lawsuit Claiming Antidepressant Caused Suicide
Massachusetts Supreme Judicial Court Defines Contours of Statute Regulating Indemnification (But Not Insurance Provisions) in Lease Agreements
By Troutman Pepper Locke on
The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 §15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement. …
Read More Massachusetts Supreme Judicial Court Defines Contours of Statute Regulating Indemnification (But Not Insurance Provisions) in Lease Agreements
SDFL Judge Finds for Wachovia in Unique Auction Rate Securities Suit
By Troutman Pepper Locke on
A federal judge in the United States District Court for the Southern District of Florida recently issued findings of fact and conclusions of law following a bench trial in favor of Wachovia in a suit brought by investors who were unable to liquidate certain Auction Rate Securities (“ARS”) originally purchased through Wachovia. …
Read More SDFL Judge Finds for Wachovia in Unique Auction Rate Securities Suit
New Jersey Insurance Commissioner Praises Captive Insurance Bill and Unveils Reinsurance and Surplus Lines Initiative
In a news release issued by the State of New Jersey Department of Banking and Insurance (“DOBI”) on May 7, 2010 (the “News Release”), DOBI Commissioner Tom Considine applauded two pieces of proposed legislation which, he said, “would make some common sense changes to regulation and allow captive insurers, and carriers of reinsurance and surplus lines to operate more expansively in New Jersey.”
U.S. Supreme Court Rules on Class Arbitration, Addresses Manifest Disregard of the Law
By Troutman Pepper Locke on
Petitioners (“Stolt-Nielsen”) entered into a contract with respondent AnimalFeeds International Corporation that contained an arbitration clause. After a dispute arose between the parties, AnimalFeeds sought arbitration on behalf of itself and a class of customers who had purchased services from Stolt-Nielsen. …
Read More U.S. Supreme Court Rules on Class Arbitration, Addresses Manifest Disregard of the Law
Connecticut Attorney General Wins in Landmark Contingent Commissions Case
By Troutman Pepper Locke on
In a first-of-its-kind victory for a state attorney general, the office of Connecticut Attorney General Richard Blumenthal won its case against an insurance brokerage whom the court found to have failed to disclose to consumers the contingent commissions it received from certain insurers. …
Read More Connecticut Attorney General Wins in Landmark Contingent Commissions Case
Chinese Drywall – Louisiana Legislature Moves Toward Banning Policy Cancellations and Non-Renewals Based upon Drywall Claims
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
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Read More Chinese Drywall – Louisiana Legislature Moves Toward Banning Policy Cancellations and Non-Renewals Based upon Drywall Claims