all - Opinion Summaries

ANDRX PHARMACEUTICALS, INC. v. BIOVAIL CORP.

Health Law, Intellectual Property, Patent
Under 21 USC 355(j)(5)(B)(iii), a district court has no authority in a drug patent infringement action to shorten the FDA's thirty-month stay of...

BRANDON v. ANESTHESIA PAIN & MGMT. ASSOCS., LTD.

Criminal Law & Procedure, Health Law, Labor & Employment Law
Under Illinois law, firing an at-will employee for reporting Medicare fraud by other employees violates public policy, even if there is no specific...

PHARMACHEMIE, B.V. v. BARR LABS., INC.

Health Law, Intellectual Property, Patent
Drug licensee seeking to appeal an Abbreviated New Drug Application decision for marketing a generic drug before the expiration of a patent has a moot...

MINNESOTA ASS'N OF NURSE ANESTHETISTS v. ALLINA HEALTH SYS. CORP.

Government Contracts, Health Law
Under the False Claims Act, a qui tam action is "based upon" a public disclosure whenever the allegations in the suit and the disclosure are the same,...

ALLCARE HOME HEALTH, INC. v. SHALALA

Health Law
Under 42 CFR 413.102(c)(2), bonuses to owners of a Medicare provider, based on the spread between the provider's costs and the Medicare program's...

JORDAN HOSP., INC. v. SHALALA

Health Law
The "no review" provision of the Medicare Act, 42 USC 1395ww(d)(10)(C), (iii)(II), for administrative decisions applies to HCFA reclassification...

ROGERS v. T.J. SAMSON CMTY. HOSP.

Health Law, Professional Malpractice
Kentucky Revised Statute 340.40-320 imposes a duty on a hospital and its nurses to obtain full informed consent from patients before any surgery is...

IRVINE MED. CTR. v. THOMPSON

Health Law
42 CFR 413.13, which eliminated the carry-forward exception to the lower cost or charges principle of reimbursing Medicare providers, is valid under...

HOBBS v. BLUE CROSS BLUE SHIELD OF ALABAMA

Civil Procedure, ERISA, Health Law
Under ERISA, physician assistants claiming a right to payment do not have derivative standing to sue on behalf of plan participants where they have...

O'BYRNE v. SANTA MONICA HOSP. MED. CTR.

Health Law
Under California contract law, medical staff bylaws adopted pursuant to California Code of Regulations, title 22, section 70703, subdivision (b), do...