Searching Content indexed under Litigation, Mediation & Arbitration by Foley Hoag LLP ordered by Published Date Descending.
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Eleventh Circuit Holds Differences In Clinical Judgment Do Not Create FCA Liability For Hospice Provider
The Eleventh Circuit agreed with the trial court that the government must do more than present expert evidence that a physician's clinical judgment was inaccurate to establish falsity
United States
19 Sep 2019
Data Scraping, At Home And Abroad
Data scraping is a technique where information on one platform is exported onto another. The practice is widespread and is used for all sort of reasons
United States
13 Sep 2019
Federal Circuit Improves The Short-Term "Forecast" For The Doctrine Of Equivalents
On Tuesday, September 3, 2019, in response to a petition for rehearing en banc, the Federal Circuit issued an order withdrawing language in the panel decision in Amgen Inc. v. Sandoz Inc., 2018-1551
United States
10 Sep 2019
NLRB Rules Misclassification Of Employees As Independent Contractors Does Not Violate NLRA
Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question
United States
9 Sep 2019
American Airlines Settles False Claims Act Allegations For Misreporting Mail Delivery Times
Last week the Department of Justice announced that American Airlines will pay over $22 million to settle claims that it falsely reported delivery times for mail
United States
29 Aug 2019
If It Walks Like A Duck And Talks Like A Duck, It May Still Not Be Sauce For The Gander
Earlier this week, the D.C. Circuit Court of Appeals held that the "Wehrum Memo," which reversed EPA's longstanding policy of "once in, always
United States
27 Aug 2019
D.C. Circuit Reverses District Court In DSH Case
We have long covered the handful of lawsuits that have been filed over the past several years concerning Medicaid disproportionate share hospital ("DSH") payment policies.
United States
20 Aug 2019
More Sauce For The Chevron Goose
Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under § 401 of the Clean Water Act.
United States
15 Aug 2019
Climate Change Litigation Strategy: Swing For The Fences Or Hit Singles?
Those seeking to address climate change through litigation have taken two different paths. Some cases, probably best represented by Juliana v. United States
United States
9 Aug 2019
Product Liability Update: July 2019
Massachusetts Federal Court Dismisses Suit By Japanese Plaintiffs Against Massachusetts Reactor Designer For Japanese Disaster Based On Forum Non Conveniens.
United States
8 Aug 2019
The Trump Administration Provides Another Lesson In How To Lose An Environmental Case
Last week, the 4th Circuit Court of Appeals vacated the Fish and Wildlife Service's Biological Opinion and Incidental Take Statement for the Atlantic Coast Pipeline.
United States
5 Aug 2019
Federal Circuit Rejects State Sovereign Immunity Defense To Inter Partes Review
Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense
United States
2 Jul 2019
When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the "give me a break"
United States
19 Jun 2019
Employers Can Lose Failure-To-Exhaust Defense If Not Timely Raised, Supreme Court Rules
On June 3, 2019, the United States Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their
United States
19 Jun 2019
Robbing Peter To Pay Paul: Problems In Enforcing The Medicaid Secondary Payer Requirements
One of the things that gets drummed into your head working with Medicaid is this: Medicaid is a payer of last resort. Medicaid can only pay for a health care service
United States
11 Jun 2019
Supreme Court Revives False Claims Act Suit By Applying "Government Knowledge" Statute Of Limitations
The United States declined to intervene, and the complaint was dismissed as untimely.
United States
6 Jun 2019
Broken Record Department; EPA Loses Another Delay Case
On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA's 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons.
United States
3 Jun 2019
Court Warns Government Agencies Against Directing Internal Company Investigations
The U.S. District Court for the Southern District of New York recently criticized government agencies for outsourcing their investigation to the target company,
United States
29 May 2019
Watch: Advertising Class Actions For The Generalist In-House Counsel (Video)
Class action suits by consumers continue to be on the rise, especially in the false advertising area. Some recent rulings, especially in districts that have not been traditional class-action hotbeds,
United States
28 May 2019
Court Strikes Down Work Requirements In Arkansas And Kentucky
There's a saying that one should work hard in the present to reap the rewards later in life. But should one need to work to qualify for Medicaid?
United States
12 Apr 2019
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