Topics

Subscribe to Topics via RSS

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

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out. …
Read More UK: High Court confirms operation of the anti-deprivation principle

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

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer’s right of recovery. 

…
Read More UK: Court of Appeal seeks guidance from Europe on an insurer’s right of recovery under the Road Traffic Act 1988

In the case of Kris Motor Spares Limited v Fox Williams LLP [2010] EWHC 1008 the High Court was asked to consider whether the successful party’s after the event insurance premium was reasonable and as such could be recovered from the other side. …
Read More UK: Court Considers the Recoverability of After the Event Insurance Premium